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gcformeornot
02-11 02:39 PM
Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.

To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.
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Sakthisagar
04-30 10:01 AM
Even if CIR fails it is good for Legal immigrants. let amnesty fail but the amendment for Visa recapture wil be passed. Let the CIR come to the floor call all senators and congressmen, tell your story participate with IV
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jay1ram2
11-23 02:19 PM
Well Said.
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sixburgh
06-28 04:12 PM
Read the link Immigration: EAD and AP (http://immigrationroad.com/green-card/ead-ap.php), especially the advance parole section.

"However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."
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snathan
05-29 10:28 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.

1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.

If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status

If you are out of university and company A's H1 is not valid, you are out of stats.

Please check with attorney asap.
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ilovestirfries
09-27 06:42 PM
1. My EAD application status at USCIS website got changed to,

Current Status: Approval notice sent.

this morning. My heartfelt thanks to ImmigrationVoice activists for this.

My spouse's EAD application status still shows as,

Current Status: Case received and pending.

In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

Any information would be helpful.

Thanks,
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Hong12
12-16 01:51 AM
Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:

USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.

Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.

In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.
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webm
04-01 03:46 PM
I faced there are times that Email notification trigger didn't worked as expected.:(
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greenleaf81
11-06 11:16 PM
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Thanks a lot WandMaker, really appreciate you giving me the link. Definitely looks like we can convert a case to Premium processing even after a RFE.
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ivjobs
11-06 05:26 PM
newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.

People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.

For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.
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Prashanthi
06-23 05:22 PM
you cannot work until the MTR is approved
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nixstor
06-28 10:55 PM
I will look at the I-485 application on Saturday and will send all my applications to the center listed for EB applications. As of now it is NSC.
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tabletpc
08-27 02:06 PM
Krishnam70,

Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.

Thanks
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webm
05-28 10:43 PM
Hi everybody,

please help - the lawyer filed the original EAD/AP applications.

Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???

Thanks....

Yes file the G-28 forms as well..thats what i did too..
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ArkBird
07-29 05:23 PM
Are you looking for specific language? How was similar defined from your attorney?

Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:

SYSTEMS ANALYST

JOB DESCRIPTION:

Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.

JOB REQUIREMENTS:

1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.


The new job is: Director of Software Development

� Execute the company�s technology architecture and strategy.
� Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
� Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
� Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
� Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
� Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
� Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
� Travel approximately 25% of the time to both in-country and international destinations.
� Perform other duties as assigned by the VP of Software Development



Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development


Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system
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ivjobs
11-09 08:33 PM
^^
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nogc_noproblem
12-21 01:01 AM
I like this attitude.
Rather than worrying about uncertain things, enjoy the reality.

Why cant we just enjoy the job mobility of AC21 peacefully? [/B]
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sands_14
04-08 04:06 PM
Does it make sense for anyone to file for GC anymore from India,China.Looks it will take a person 10year on an average and paying for ED/AP will cost around 7000usd for 10 years:)
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rsb
06-19 07:47 PM
Fellows,

I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:

1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?

2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.

3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?

Thanks
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jmafonseca
November 21st, 2004, 01:36 PM
Hi guys, thanks for the replies.

I had the camera sent to Nikon for diagnosis last week, they wrote me an email just a few days back saying my power module had problems and it needed to be replaced. I requested they return the problematic power module so I could send it to an engineer friend of mine for examination. I'll let you guys know if I find anything new.

Just 4 days ago Tantrik wrote me a message saying the same happened to him. I wonder if this is a problem with the D70 model because I've never seen Nikon equipment break so easily and I honestly did not expect to hear the same happened to someone else.

Plus, as I explained, I did nothing to cause the problem. The camera laid there for a few days and when I turned it back on it was already bad.

Total Cost for fix : U$ 300.00

Nikon USA said they'd replace the camera for me but I bought it in Brazil. The local Nikon people charged me the above fee to fix it. Down here a D70 costs between U$ 2300,00 and even U$ 4000.00 in some shops. So the fix is worth it.

If this is a structural problem with the D70 I will sell it and move to Canon. I just don't want to believe Nikon is making such disposable equipment.

The camera was not purchased from the gray market and I have a proper tax receit with it.

Thanks again for the replies and please let me know if you find anything else about this problem.

Best regards,
Jose
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raju_abc
07-22 09:03 PM
by consultant means "both are Consulting company" or rather i have applied H1 through a consultant and not through a company
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