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  • hoosier07
    07-25 05:19 PM
    Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
    Some thing really does not sound right here. By law, he is required to give you the approval notice.

    Thanks for the reply. It says on the document itself that the petitioner should keep the upper portion of the notice and give the lower portion to the worker.

    Does anyone know the procedure to get the duplicate and how long it takes?





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  • abracadabra
    07-06 11:19 AM
    $300 million loss on July 2nd





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  • psychman
    11-11 07:00 PM
    This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm


    Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:

    -Imports Metadata.xml file generated by Deep Zoom Composer
    -On import it will populate the databound image and text boxes with the original data
    -On import it will also add four new "tag" elements to the original xml file
    -The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
    -The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.

    I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:



    XmlDocument doc = new XmlDocument();
    doc.Load (variable pointing to xml file);

    XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
    docFrag.InnerXml = "<testItem> test </testItem>";
    doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);

    doc.Save("Metadata.xml");





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  • solaris27
    05-31 05:42 PM
    how can any h1b visa holder own 33% in LLC .

    I thought in LLC all members should be GC/Citizens only .

    Please clearify .



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  • deecha
    06-18 02:02 AM
    Hi,

    My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
    notice. I have not filed 485. This is my 10th year in H1b visa.

    My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
    India for 1 year, My employer may or may not apply for my H1B renewal.

    If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
    possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
    the future ?

    Any one, Please kindly give your suggestions.

    Thanks

    Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.

    I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.





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  • sagar_nyc
    08-15 11:28 AM
    Ramesh,
    Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.

    My advice to you is consult with good attorney.


    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.



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  • ganguteli
    07-16 09:35 AM
    Hi,
    I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:

    I-140 approved in 2007
    I-1485 in August 2007
    Received RFE in May 2009. The RFE had two parts to it that are as follows:
    Part 1: Request for Evidence for Birth
    Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations

    When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.

    Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.

    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.

    Thank you in advance to those who respond.

    How can you and your attorney be so careless?

    If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.

    But my question to attorneys on this forum is this:

    How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.

    But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.

    I want to also know what you think about this and how one should complain.

    Thank you.





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  • meet
    08-31 09:36 PM
    Please do reply to my queries...........



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  • imh1b
    04-21 04:27 PM
    Sometimes you will be ridiculed when you care but care anyway.
    Sometimes you will be cheated when you try to help but help anyway.
    After all ..... it was never between you and them.

    Mother Theresa

    I comend those who donated.

    People accepting money are not Mother Teresa or Registered Charity. In this country all kinds of people call you, email you and ask you for money for all kinds of reasons. Greed happens in tragic events too. Do not expect everyone in this world to have a pure heart. This case is genuine but we need better management and disclosure on their website. This is a least you can expect from educated University Students.





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  • senthil
    03-22 02:31 AM
    our sympathies go over to families and friends that are hurt by this incident



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  • anu_t
    06-20 02:08 PM
    Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
    Otherwise I will be from nowhere .





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  • laksmi
    02-05 08:01 PM
    It is your employer how have to support your H1B renewal inform him before itself.
    If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.



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  • nb_des
    09-21 11:33 AM
    One more question:

    When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
    I dont think you can do that.





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  • aranya
    03-09 03:07 PM
    Hi,

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.


    I was in a similar position a few years ago. I had to be at home for 1 month.
    From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

    1] Most jobs are at-will meaning there is no real way to "protect your job".

    2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

    3] They must have talked to their immigration attorney who set them straight about LOA etc.

    As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

    As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

    Good luck.



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  • wizpal
    02-26 09:58 AM
    Forgot to mention that instate tution waiver is NOT available in some, albeit very few, states. Most of the states would allow it. Please check in advance.





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  • Canadianindian
    07-06 11:17 AM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
    Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it


    What questions are you asking, and we can ask same questions.



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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?





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  • shortchanged
    08-17 08:38 AM
    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!





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  • pcs
    07-19 03:44 PM
    As long your affidavit of language competency is notarized... you are fine





    RandyK
    02-16 10:57 AM
    How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?





    Leo07
    02-01 04:02 PM
    Multiple submissions will do more damage than good. That's my opinion anyways, I feel that it takes credibility away from our cause.

    Thanks for completing the survey!