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    • ishakapoor
    02-16 01:41 PM
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    • jlt007us
    10-06 06:09 PM
    Don't worry. You will mostly get RFE but not a rejection.

    My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.

    I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.



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    • idesign
    05-11 04:27 PM
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    • wellwishergc
    07-13 10:41 AM
    - Take an infopass appointment at your local immigration office to check her approval status; If it is showing approved you are fine; then you would just need to contact the customer service at USCIS service center to find out where her approval letter is.
    - If her case is not approved, apply for EAD and AP if you have not done it already.

    Her 485 has been filed FOUR years ago sir.


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    • NikNikon
    August 14th, 2006, 11:01 PM
    D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886
    Problem with H1 Employer [Archive] - Immigration Voice
    Log in

    View Full Version : Problem with H1 Employer




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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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    • indyanguy
    01-30 01:03 PM
    My EB2 labor was filled (different company) as Software Engineer (Level III)
    When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
    15-1032.00 - Computer Software Engineers, Systems Software

    Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?



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    • reddymjm
    08-10 09:53 AM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards

    As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
    Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.

    Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.

    If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.

    I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.

    Need more PM me.

    Good luck.


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    • tpcool
    05-31 05:21 PM
    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this



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    • ganguteli
    02-03 01:50 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    Nice try!!

    We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.

    Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.


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    • Blog Feeds
    05-28 01:20 AM
    They say that America is the land of opportunity, and therefore, so many people desire to Immigrate to this country.

    Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.

    When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.

    The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.

    When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.

    Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.

    My 2 cents.







    More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)



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    • karthiknv143
    06-25 01:37 PM
    Regarding affidavits, scanned copy is good enough.
    Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
    You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....


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    • Alabaman
    08-02 08:56 PM
    H:confused: ow do you all get around with "there has to be no US citizen that is able or willing to take up the job" thing?



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    • chaukas
    04-15 02:28 AM
    My parents travelled both on Cathay and JAL. Cathay has better food , but the flight to SFO is really long. They had used JAL before which has approx 8-10 hrs for each leg. Also, on the return , there is a days halt , so they provide a hotel. My parents took a small tour of the area too.


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    • krishna.ahd
    06-18 06:47 PM
    Gurus,

    Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.

    Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized

    What are pros and cons..

    Please help..
    As per my understanding , as long as you file for renew your EAD before the expiry you are in status , so why do you want to go back to H1??



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    • askreddy
    02-23 10:38 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks


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    • ashutrip
    06-18 09:38 AM
    Yeah, Atlanta is hatching eggs with our PERM applications.
    whats ur PD mine is march 10 2007



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    • GlobalCitizen
    08-21 03:20 PM
    I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

    My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...



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    • Winner
    04-26 08:20 AM
    Troll Alert?



    a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).



    vinnysuru
    03-30 12:26 AM
    You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.

    If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.


    Posted by Dalya at 1:14 PM

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