Friday, June 24, 2011

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  • Kevin M
    April 3rd, 2005, 04:58 PM
    An alternative treatment would be to dual process (I am assuming it is a raw file). The one above looks about right for the sky area. Another conversion with + exposure compensation for the shadows and blend the two in your editing software.

    Nice image of Half Dome.

    Kevin
    http://homepage.eircom.net/~bot/paint/photo.htm




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  • Zelda Wallpapers 3


  • gcisadawg
    04-30 01:37 AM
    Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!

    Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.

    -GCisaDawg




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  • styrum
    03-14 03:17 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...

    http://www.germany.info/relaunch/info/consular_services/visa/transit.html




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  • thirumalkn
    07-23 06:26 PM
    Hi all,

    I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.

    If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.

    1. As soon as AOS (I-485) is filed.
    2. After getting the I-485 receipt.
    3. After the Finger Printing process (Biometric).
    4. After getting the EAD.
    5. After the 180 days mark (since the date of file) using AC21 portability.
    6. After the I-485 is approved.
    7. Only after getting the Green Card on hand.

    Please provide references if there are any clear legal / procedural documents explaining this online.



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  • kondur_007
    03-28 10:16 PM
    Was the extension with current employer applied before the expiry of your current I 94? Then only 240 days rule apply. Otherwise your are accumulating illegal presence.

    You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.




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  • Legend of Zelda Wallpaper


  • Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.



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  • lyu265
    04-02 02:21 PM
    NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY

    PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
    We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
    - Mail to below address (so that all mail could reach authorities on same week)
    - Fax to below number (so that all faxes could reach authorities on same day)

    Dates: April 3rd (preferable) and APRIL 4th (if you forget)
    MAKE A CALENDER ENTRY

    Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

    Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center


    DOL Contacts

    Ms. Elaine L. Chao
    Secretary of Labor
    (202) 693-6000

    Mr. Paul T. Conway
    Chief of Staff
    (202) 693-6007

    Mr. Steven J. Law
    Deputy Secretary
    (202) 693-6000

    Ms. Ruth D. Knouse
    Executive Secretariat Director
    (202) 693-6100

    Ms. Amy Barrera
    Director of Advance & Scheduling
    (202) 693-6003

    Ms. Laura Genero
    Associate Deputy Secretary
    (202) 693-6000

    Address for all the above people
    U.S. Department of Labor
    Frances Perkins Building
    200 Constitution Avenue, NW
    Washington, DC 20210

    --------------------------------------------------------------------------------

    WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
    WE FAX LETTERS ON APRIL 3rd or 4th

    Below is the sample draft:
    -------------------------
    Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center

    Dear Sir / Madam:

    I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.

    My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

    I would be highly appreciated if you look into this matter as soon as possible.

    Sincerely,
    your name
    City, State, Zipcode
    __________________
    ETA Case Number:
    YOUR PRIORITY DATE
    YOUR STATE
    TR/RIR




    2010 Tags: the legend of zelda legend of zelda wallpaper. The Legend of Zelda: Four
  • The Legend of Zelda: Four


  • HereIComeGC
    03-26 02:07 PM
    I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...

    But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...

    Even NASDAQ could be more predictive than this...

    I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!



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  • The Legend of Zelda Phantom


  • NikNikon
    June 18th, 2005, 09:56 AM
    I like the top one too, maybe you could of uped your ISO and used a quicker shutter speed to freeze the bird. Also this is a personal preference thing but I like to saturate the colors a bit in my post process just to bring them out a bit. Shooting into the light kinda leaves the land in landscapes a bit dull. The bottom two bird shots came out well. Do you have a lens that will let you get in closer? I'd like to see a portrait style shot of one of the birds with the odd bills.




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  • eb3_nepa
    02-21 03:43 PM
    I had mailed and faxed sen Specter's office asking for an appointment. Spoke to Mr Kenneth Altman, the immigration incharge. He said there was no point in an appointment, since their office is WELL AWARE of the Retrogression problem all over the country. He DID however say, i could mail him the Powerpoint presentation and he would take a look at it. I will Do that this week.



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  • The Legend of Zelda Wallpaper


  • gsc999
    01-19 12:48 AM
    Thanks to the members for volunteering. We have a decent number of people to put this event in place now.




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  • lostinbeta
    10-03 01:49 PM
    <FONT FACE="Verdana" STYLE="font-size: 10px">Very Evil:evil:</FONT>
    <div style="width: 300; font-size: 10px; font-family: Verdana; color: #9E9E9E; Filter: FlipV">Very Evil:evil:</div>



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  • reddy_73
    10-03 08:31 AM
    <bump>




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  • javaconsultant
    04-03 01:37 AM
    Lets Do it Guys !!!!Now is the time......


    NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY

    PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
    We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
    - Mail to below address (so that all mail could reach authorities on same week)
    - Fax to below number (so that all faxes could reach authorities on same day)

    Dates: April 3rd (preferable) and APRIL 4th (if you forget)
    MAKE A CALENDER ENTRY

    Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

    Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center


    DOL Contacts

    Ms. Elaine L. Chao
    Secretary of Labor
    (202) 693-6000

    Mr. Paul T. Conway
    Chief of Staff
    (202) 693-6007

    Mr. Steven J. Law
    Deputy Secretary
    (202) 693-6000

    Ms. Ruth D. Knouse
    Executive Secretariat Director
    (202) 693-6100

    Ms. Amy Barrera
    Director of Advance & Scheduling
    (202) 693-6003

    Ms. Laura Genero
    Associate Deputy Secretary
    (202) 693-6000

    Address for all the above people
    U.S. Department of Labor
    Frances Perkins Building
    200 Constitution Avenue, NW
    Washington, DC 20210

    --------------------------------------------------------------------------------

    WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
    WE FAX LETTERS ON APRIL 3rd or 4th

    Below is the sample draft:
    -------------------------
    Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center

    Dear Sir / Madam:

    I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.

    My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

    I would be highly appreciated if you look into this matter as soon as possible.

    Sincerely,
    your name
    City, State, Zipcode
    __________________
    ETA Case Number:
    YOUR PRIORITY DATE
    YOUR STATE
    TR/RIR



    more...

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  • Tags: the legend of zelda


  • vegasbaby
    02-19 07:23 PM
    I thought this might be of your interest.

    Home - Upgrading to EB2: Can I use the same job? (http://www.immigration-information.com/forums/content/155-upgrading-to-eb2-can-i-use-the-same-job.html)




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  • pappu
    07-09 09:07 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!

    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.



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  • rameshvaid
    05-26 04:59 PM
    I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)

    Sorry if this does not help you much.

    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??




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  • kaisersose
    04-16 04:38 PM
    What is an "MTR"?

    Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.




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  • garfield
    10-07 03:38 PM
    Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?




    vts31
    10-20 02:53 AM
    about painter.

    1. version 5 sux.

    2. ive never used 7. but i think its pretty good.

    i use 6.




    my2cents
    06-16 04:27 PM
    [QUOTE=das0]Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain

    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks



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