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  • ajju
    03-01 12:04 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...

    I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...

    I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...

    Good luck... should be resolved soon.. and you'll get GC soon...
    Where's mine :-(




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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.




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  • mabuhay
    12-29 09:03 PM
    My friend and I, filed our respective H1B extension in June 2007. We were both expecting only a 1-year extension since our I-140s have been pending at Nebraska SC since December 2006. He received his H1B extension approval (3 years) in October and I received mine first week of December. Despite both I-140s pending, we both got 3-year extension! We are both very happy because the ;)approval saved us a lot of money. Both of us filed I-485 in July.




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  • a_yaja
    12-17 10:08 AM
    Dear Yaja,

    Thanks for your detailed response and i see that there is a valid point in yours.

    Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?

    Thanks in anticipation.

    Regards,
    Raj

    Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.



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  • santb1975
    05-20 12:52 AM
    We can do it




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  • drirshad
    07-01 06:20 PM
    For all the nights of no sleep and days of uncertainty. Ready to go to the end of the tunnel this time .....



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  • mhtanim
    02-11 06:00 PM
    Count me in. No FP Notice yet.




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  • hsingh82
    04-14 08:11 PM
    My Perm got filed today :).. atleast 1st step in the door.



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  • wellwishergc
    07-13 11:32 AM
    yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?

    You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.

    Just want to get this right, for my own knowledge. Please clarify

    As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.

    Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.




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  • ComicDom1
    December 21st, 2007, 01:11 AM
    First I want to say hello to everyone because I have not been on this site for a while. Second, I want to wish everyone a happy holiday season.

    Recently, I have been taking a good hard look at the Olympus E-3. I came to Canon Digital in the early days of the 1D after shooting many different digital cameras including Olympus.

    I was well pleased using my E-10, E100RS, E-20, and UZI but when I got the 1D in my hands it was as if a whole new world opened up for me again.

    Like many others, I have been following the development of Olympus Camera's. Many of us switched to other brands because we grew tired of waiting for Olympus to produce a DSLR that might be able to compete with the offering from Nikon or Canon. The move to producing a full frame 4/3's sensor was interesting as well. When Olympus finally did release the E-1, it offered a great build including a splash proof body, and some very high quality glass. Unfortunately it lacked in a few area's and although interesting, unless you shot at lower ISO, it was not a camera for people who liked to shoot in low light and sporting events.

    I realize, that not everyone has the same requirements for a camera. There are many users the E-1 body worked for. I finally picked one up after the prices fell to a very low point, and I could not resist the deal. I have found the image quality very good if you stay within the limits of the camera.

    Finally the E-3 arrived in November and Olympus had made many upgrades in this body. I was very curious as to how competitive IS built in the body of the camera would work. I was also interested in the speed and tracking of the new auto focus system, and if Olympus had really improved on the noise levels of the camera at Higher ISOs. Although many in the Olympus SLR forum at DPR will claim that Noise is no problem at High ISO, my experiences with the camera told me different.

    I do have to say, I found the E-3 very well built. The viewfinder is very bright. With the Grip attached, the E-3 felt very similar in my hands to my Canon 1D and 1DMKII.

    One of the promises that Olympus made was that the 4/3 system was going to provide us with a smaller lighter Camera body with smaller lenses. While this might be true for some of their mid range cameras, it is certainly not true for the E-3 or E-1 with the grip attached. When sitting on the floor next to my 1D and 1DMKII bodies, I did not find much difference in their size. Lenses might be another story but yesterday, I compared the Olympus 35-100mm to the 70-200 2.8 IS lens and found that the Olympus lens was actually slightly heavier. Unfortunately Olympus has not produced any faster primes like the 85 1.8 of Canon. You really do not have good comparisons of lenses because most of what Olympus produces are variable zooms with the exception of a couple of lenses. Olympus also seems to advertise that they cover the focal length of lenses better than any other manufacturer. Since they include lenses from Sigma and Lecia/pany in this claim, I find difficulty in accepting that. Certainly if I have to consider a lens, I would prefer it was from the maker of my camera, but thats just a personal preference based on past experience.

    I do have to give Kudo's to Olympus for improving both the frames per second, as well as the Auto Focus tracking and speed. I found the E-3 will track pretty well in a poorly lit gym. The E-3 also appears to write to the CF card pretty quickly. Why they included a slot for an XD card is beyond me. They would have been much better off to include a slot for the SD cards because of their high capacity.

    I also qualified to be an Olympus Global Professional member. What this means is that I can get equipment to evaluate just like what CPS offers. Olympus goes one step further than Canon here because they will even loan you equipment while yours is in repair. So I had them send me a few items to try out. Some of the items I received was the EC-14 tele-converter, 150mm F 2.0, 50mm F 2.0 Macro, as well as a ring flash, and Fl-50R to evaluate. I think I need more time with the FL-50R and ring flash to know how I feel about them.

    One of the reasons I wanted the 150mm F 2.0 (effective focal length of 300mm on the E-3) to test is because I wanted to see how it compared in weight and Image Quality to my 300mm 2.8L lens. I also wanted to know how well the E3 in body IS would work with it. Unfortunately I got side tracked because I noticed that my E-3 images contained quite a bit of noise from the images I shot and got consumed looking at that. I can tell you that the 150 and E-3 with grip combination felt very unbalanced in my hands compared to the Canon lens. The 150mm weights 3.4lbs but of course has the effective focal length of 300mm on the E-3 because of the sensor size. If we wanted to compare apples to apples, 300mm to 300mm or actual focal length, we would find that the Olympus 300mm weighs in at a hefty 7.2 lbs compared to Canon's 300mm 2.8 IS lens which is 5.6 lbs. Also the Olympus glass is much more expensive as well.

    The problem here is that we are paying more for effective focal length just because the camera sensor is different. So in my view, we are paying more for less in the physical sense.

    I mounted the 150mm on a monopod as well. Again compared to the 1D with the 300mm, even though the E-3 combination was lighter, it was not balanced as well and was more difficult for me to steady. I do attribute some of this with me being more experienced with the Canon Gear. There is another issue that concerned me here. I did not feel that the Tripod collar of the 150mm lens was made as heavy or as well as the Canon version.

    I am currently going though several hundred exposures I have taken with various focal lengths of Olympus lenses. Since I felt my body has some issues because of noise, yesterday I returned it, the grip, and the 12-60 SWD lens to my vendor. I am waiting now for Olympus to send me another body to try out, so I can find out if it was me or the camera at fault. In the mean time, it seems that my findings are similiar to what Phil found in his DPR review of the new Sony that included the E-3 as well as the D300 and 40D.

    In closing, I need to say that this all came about because not only was I interested in the development and capability of the E-3, there were also the noted problems of the 1DMKIII. At this point, I think my 1DMKII will still do nicely for sports. Since I pretty much own the Canon lenses I need, I am considering the 5D, but I want to also give the Olympus E-3 a fair chance, so I am going to wait to see if Olympus follows through on their promise to me.

    I also am aware that there is a possibility that a 5D replacement may be announced at PMA next month. Of course I am basically interested in the best image quality, I do not know if I will wait for the replacement. Since the 5D has large photosites, I would think that the replacement would have more pixels so the image quality may be affected.

    Thanks for Reading,

    Jason
    ComicDom1@aol.com



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  • eb2_mumbai
    10-16 11:05 AM
    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.

    Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

    Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.




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  • eastindia
    05-14 02:57 PM
    Any idea what Tech firms are doing to help CIR?



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  • imneedy
    03-24 04:00 PM
    Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category.

    Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.




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  • saravanaraj.sathya
    08-13 08:52 AM
    I also have LUD on my I-140 which is pending in Texas. My I-485 was sent to NSC on July 25th. I am hoping that this is something to do with the receipting of I-485.

    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?



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  • chantu
    06-19 09:35 AM
    my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).

    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D




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  • eb3_nepa
    02-19 12:03 PM
    Yes it really IS impossible to determine which will move quicker.

    and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

    EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.



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  • raju123
    05-03 07:29 AM
    Please be positive. What is wrong in signing petition? If you are not convince, don't sign. Please don't discourage others.


    These online petitions are useless. Do not sign up for them and waste your time. If you really want to do something for the bill then go and meet your senators and congressmen and talk about the bill and other bills that solve your problems.
    Obama or for that matter any senator will never come to petionsonline website and see all fake signatures.




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  • pappu
    01-01 02:47 PM
    Congrats and thanks for the contribution




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  • tricolor
    06-20 05:12 PM
    A # mentioned in the I-140 appoval notice is the one you should use. Sam, don't confuse the folks here by giving mis leading info.




    SSNN
    04-16 03:17 PM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?




    TheCanadian
    01-25 01:30 AM
    I gotsta give it to the snow.



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