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  • Please help me as I am in big confusion.

    I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.

    I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A

    Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.

    Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.

    Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.

    What should I do?

    Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.

    Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.

    As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.





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  • DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
    I don't know what you mean by starting the GC process, you mean file I485?

    As far as I know, your only options to get GC are:

    -- DREAM ACT (which is not something you can control)
    -- Marry a US Citizen (which obviously is something you can consider)

    In the meantime, whatever you do, do not go out of the country.





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  • Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.

    Always "united we Stand" - hum hai Hindustani.

    -Leo





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  • Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.

    grow up





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  • Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))

    Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this

    http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us





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  • Converting from EB3 to EB2 FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS#From_EB3_to_EB2)





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  • Robert

    It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

    HRPRO

    What happens if premium processing is done at this stage.





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  • In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.





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  • No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet


    They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

    Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

    And its signed by both parties of NEW and OLD company.

    Is this letter sufficient for me to hang on to?
    Should I ask for EVL too?

    I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.





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  • Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...





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  • Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.





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  • Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.

    Thank you very much. I believe the same thing but wanted to check with you guys to be doubly sure.

    are u saying fragomen is no good?

    In no way, good sir. They are awesome in my books.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.

    I don't have the official verdict from USCIS whether my lawyer is "still docked" or not, but I'm sure you can understand my situation. Even if my lawyer were "undocked," would I really want to risk some behind-the-scenes FBI investigation delay? Or even worse, a denial with some bullshit reason?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.

    I do not wish to publicly hurt his business any further than what he has already endured for helping people like us. If you are really that concerned, send me a PM.

    I think I'm in an interesting situation which could benefit future IV members. If there are any further comments, I would love to hear them.





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  • Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.





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  • Staying abroad constitutes "abandonment of U.S. residency." It is not related to "immigrant intent" at all. Worked for an Immigration Law office for long.





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  • I've noticed a massive upswing in comments and photo discussions..

    makes me warm and fuzzy all over....

    keep 'em coming.....

    (I have done four weeks quota to stay ahead of the game)

    lol

    ;)


    :P


    Rob





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  • I had too.

    Labor EB2 NOV 2004
    I140 Approved Feb 2007
    485 RD July 2nd 2007 ND Aug 10 2007

    ******
    Contributed $200





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  • You can use extension tubes for all lenses on either Nikon or Canon cameras (obviously, on a Canon, they need to have Canon mount, and on a Nikon thye need to be Nikon mount).

    Canon (and/or Nikon) may be using some special conversion signalling in the extension tube to inform the camera of the extension tubes existance. The teleconverters from Canon does this, whilst some other teleconverters of non-Canon brand do not. However, I think the extension tubes are much simpler animals, so they're probably just straight through connection of wires.

    On Nikon, really old lenses are able to work with modern cameras, but some of the automatic functions aren't able to work (obvious things like the autofocus doesn't work on non-AF lenses, and you may not be able to use automatic aperture settings, which also may mean that the camera doesn't know the aperture and can't do automatic time selection either... How much functionality is lost depends on the age of the lens).

    Canon on the other hand made a "big changeover", where they obsoleted the old mount and made a complete new, incompatible one when they introduced autofocus some 20 or so years ago.

    --
    Mats





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    Sadly fantastic as Photoshop is it's not vector based, so anything you export to Flash can end up looking weird and stretched.

    Have you tried using Illustrator? It's very similar to Photoshop in the effects and tools that you have available, with the added advantage that is is vector based. So you can draw in Illustrator and then export it into a Flash movie.

    The only thing I'd add to this is that sometimes it will throw up errors about .eps files (no idea why) and you have to export it as a .swf and import that into Flash. Either way though, this should solve the problem.

    :)



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