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  • EkAurAaya
    09-24 10:43 PM
    his question was will bad credit affect GC? answer is "no it wont"
    please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.

    Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!

    If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.

    Green_Card: Thanks for policing... :rolleyes:





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  • Kitiara
    10-17 05:22 AM
    You like my drawing? Thank you very much. :) I'm not much cop at the fantastic Photoshop stuff - a lot of these guys seem to be able to do them blindfold (Eilsoe, Edwin, I'm talking about you here :) ). I tend to stick more to line art. I did write a tutorial on how to do it for kirupa.com. It's buried under Flash MX - Special Effects - Line Art or something similar. It's cheating really, as I draw by hand first, scan in then trace in Flash. But sometimes you can get really nice effects.

    I'm about to try playing around with Fireworks now for those animations. Stupid of me really, I've got it here on my PC, but I never thought of using it. Duh... Fingers crossed it'll work out. As far as I can tell, it's Imageready that's bumping up the file size...





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  • gc28262
    07-16 07:30 AM
    Murthy Bulletin
    VOL. XVI, no. 29; Jul 2010, week 3
    Posted : 16.Jul.2010

    MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)

    Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.

    Background of Denial of Entry to the U.S. in January 2010

    The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.

    Travel Outside of the United States

    The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.

    CBP Checks on Returning H1B Workers

    When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.

    The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.

    Removed H1B Worker Contacts Murthy to Take Action

    The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.

    New H1B Petition Approval

    While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.

    Murthy Takes Action to Reverse Earlier CBP Decision

    The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.

    Determined Follow-up Leads to Relief

    The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.

    Conclusion

    We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.





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  • cox
    October 7th, 2005, 09:58 AM
    My experience is that even with the "1/focal length" rule (or maybe it should be "1/(focal length x crop factor)") is a bit optimistic with these long tele shots. Maybe it can work if you have really good technique and a sturdy tripod but I like to use a much shorter shutter time if possible.

    Well, I do okay with it, though I will go faster if there's enough light of course. I like the quality at ISO400, and usually stay there or below. The tripod is essential, I bought a big Gitzo carbon fiber model which is light, but will hold ~32lbs. With a wide stance on the legs, I can shoot, & pan reliably with the Wimberly.

    NRE Account [Archive] - Immigration Voice

    View Full Version : NRE Account




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  • va_dude
    04-09 12:02 PM
    may bulletin takes effect from May 1.

    so until then the april bulletin works and as per that your dates are current. so ur good.

    have fun with ur gc.





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  • Sai gc
    09-23 04:54 PM
    case process resumed ,Soft LUD everyday after RFE response,Any thoughts whats going on
    My case details:
    PD 2004 october(substituted)(NSC)
    I 140 approved on october 2007
    Got EAD's and AP's for both me and my spouse.
    I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
    RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
    Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
    soft LUDs on my application on 18,19,20,22 and 23rd.
    soft LUDs on spouse application on 22nd and 23 rd.
    What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
    Hopefully this means Good news.
    OM Sai



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  • subba
    01-04 04:06 PM
    I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
    Hopefully all these new memebers will be active participants and donors.





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  • jonty_11
    07-23 04:45 PM
    It mentions that in any of the incorrect filing, cases will be rejected...

    does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
    any rejection is subject to PD becoming current again



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  • rsdang1
    10-13 04:51 PM
    no dude..it does not..there is not much it will give us..
    we need visa recapture, elimination of country quota and simplification of ac21 rules
    (i feel like i am asking for free beer :p)

    Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....

    In current situation any increase in EB visas will help...

    :)





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  • Robert Kumar
    02-24 05:04 PM
    I am also looking for answer on this..Anyone please??

    Any inputs pls.



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  • akilaakka
    07-28 01:17 PM
    Yes I had one





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  • narendra_modi
    07-07 12:25 PM
    My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.

    The status of this service request is:

    Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.

    What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.

    please advise guys ..
    thanks,
    narendra



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  • irrational
    10-09 03:13 PM
    The whole problem is where should I send my AP application to ?? :confused:





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  • sthurumella
    10-08 06:05 PM
    oh man..how many days we have to see the same date...I hoped it will move up...waiting eagerly to see sep'06



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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)





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  • drirshad
    08-09 03:09 AM
    Here is the funny part, when I was talking to the IO he told it is not fare for applicants who filed at NSC but will be processed by CSC dates I indicated why would they do so when my EAD & AP second renewal were processed by NSC even though the first one were receipts with WAC processed by CSC.

    He agreed and said NSC & TSC are the only EB based processing centers then repeated the whole shit of not fare, I called back again opened an SR.

    My lawyer indicated the IO is an idiot, I also filed a complaint with Ombudsman. If nothing works by next week will contact the local Congressman office through lawyer.

    I don't if they hired all these new people who are more dumb than pumpkins.



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  • morchu
    05-04 02:44 PM
    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.

    As per the Neufeld memo links below:

    On page 4 of memo:
    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.

    See links below for more data
    http://ac21portability.com/modules/wflinks/
    see Neufeld memo specifically, they also have all other memos and guidelines.





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  • Sai gc
    05-15 12:41 PM
    hey ,
    My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
    At this point I dont think my employer revoked 140 .(pretty much sure)
    If it is cleaning up files ,then why Pending again ,this is what is making me worried.
    victory by chance did you call USCIS to check what is happening with your case.
    (I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
    Any thoughts.





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  • ashwin_27
    02-25 12:48 PM
    Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
    it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.





    plusme
    10-19 09:37 AM
    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.





    hoolahoous
    07-14 09:30 PM
    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?