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Thursday, June 23, 2011

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lee.cook

May 30th, 2007, 10:27 AM

Hey Again,

I bought myself one off those Giotto Rocket Blowers thingimajigs, but wanted advice on the correct way to use it, the angle etc, angle off the camera.

Anybody got any pictures of the correct way? thanks very much.

Fashion models come on H1B? Give me a break.. [Archive] - Immigration Voice

View Full Version : Fashion models come on H1B? Give me a break..

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simple1

05-11 06:49 PM

desi3933,

Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

In this case they are eligible for FB2A. So it nullifies that.

again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.

This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.

Thanks.

INA 203(d) Treatment of family members

A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).

______________________
Not a legal advice
US citizen of Indian origin

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gchopes

11-05 07:37 PM

What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?

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seahawks

07-20 01:40 AM

[QUOTE=jack_suv]Hi all,

After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

purely comical...

Getting green card is freedom

Getting married means no freedom..

just kidding..I am married and loving every moment!

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sc3

08-14 02:57 PM

I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?

Are you on H1? OR are you a PR or USC??

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reverendflash

10-28 10:29 PM

OR do some pro-bono sites for people who will reach a lot of people (and help out some needful people at the same time)...

such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...

They never need know how old you are...

I certainly don't tell them I'm 40... :P

Rev:elderly:

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needGCcool

09-04 10:10 AM

Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.

I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?

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sanprabhu

07-26 11:20 AM

I already sent the card to Senator... I urge everybody else to do the same.

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morchu

05-12 05:47 PM

Thanks for clarifying this.
OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.

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vxg

09-10 03:46 PM

I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...

On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.

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msr1234

04-16 12:52 PM

one of my colleague has received mail notification to the lawyer that application was picked in selection. H1b applied in masters premium.

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priderock

08-06 11:55 AM

My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.

She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.

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vin13

05-19 09:38 AM

That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.

I read a poem by V.Sundaram about our incompetent do nothing PM of India (

We have a ‘powerless’ Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.

Why should I know anything,
When my supreme ‘Secular’ leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(

Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

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RDB

09-02 11:09 PM

That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.

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ilovestirfries

10-01 02:10 PM

Thanks people...Hearing from people caught up in similar scenarios, at least, gives me a sense of relief that I am not alone...I shall call up NSC and check up on my spouse's application...Thanks again to all those who responded...

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GIC

05-14 10:31 AM

RD: 01/19/2007
ND: 01/22/2007
LUDs: None
RFE: None
Category: EB2
Status: Pending

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black_logs

03-01 03:46 PM

They have special love for 45 days. recently they have come with 45 days expiry days for the labor, How insane a dept. can be , this is a perfect example !!!!!

I wonder why they didn't write
9+10 = 45

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memyselfandus

11-19 07:03 PM

Seewa helps people who have undergone similar experiences as you did. Call them for advice and help. If they can't directly help you atleast they can refer to a proper organization that would.

SEWAA - Service and Education for Women Against Abuse (http://www.sewaa.net)

All the best.

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amitjoey

06-14 01:39 PM

Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.

485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.

veni001

06-07 01:08 PM

I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)

(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.

So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

So all the I-140 filed on of before Effective date are considered as pending!!

I don't know why even lawyers are getting confused here!:confused:

Templarian

11-11 11:20 PM

:lol: Bribery is hard.

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