Star One Smart Blog's

DON'T BELIEVE ANYTHING this guy says...read this thread (the posts towards the end)
http://immigrationvoice.org/forum/showthread.php?t=21835

Also I forgot to add, did you file form G28 for your attorney to represent you in your 485 case? I am just thinking out aloud here and please verify with your lawyer....
If your attorney is representing you, then he gets the original RFE with the yellow letter and has to respond on your behalf with the info..you only get a copy of the RFE letter.
In my case, my attorney is not representing me and hence I got all the originals and it's my responsibility to respond to the RFE, not the lawyers.

Once again, these are just my thoughts. IV seniors can respond and also ask your lawyer.

Here is my story, Immigration experts are requested to suggest.......

My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.

In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)

Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)

Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.

H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)

Never filed an AC21.

What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?

Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.

Experts please suggest........

There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.

I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.

Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?

I know atleast 2 individuals who did it and got greencards without a problem.

Congratulations!!!!!

Would you plz confirm us on the Birth Certificate?

Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.

It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.

Good Luck!

Which school you are applying for MBA ?

My wife is looking at the option of going to Univ of Michigan.... Any help is appreciated... we are still in the planning stage

I got the same queries guys.
i think most of vermont transferred applications are getting it.

i will also send color copies of all the documents mentined by you.

how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.

appreciate any responses.

thanks,
srikanth

I used David Cohen at

Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)

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

:D we could hold town hall meetings and discuss this issue, unfortunately we dont have the taxpayers money to blow...
my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:

Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?

Not every member here is a MAN (to be a Gentalman), some are women, do they not count? :)

Pople like you does not count :( ... only man and woman counts.. hope this helps you.

For all the critiques against this march....
Remember, this march is for pushing lawmakers to 'take up comprehensive immigration reform'. This is not for granting immediate amnesty to undocumented/illegals.

If you are waiting for exclusive reform on H1B/EB3-I/EB2-I instant-green-card-welcoming kit, well, good luck in your shell for another 1000 years. Why not join hands with another group for a similar & bigger goal? Like I said in my initial post, there's nothing to lose... Consider it. Its a 'I scratch your back, you scratch my back' thing..

With a lot of media attention, they finally might take it up seriously before another year is wasted.

From Why March? � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/why-march/) ..

Our broken immigration system hurts millions of families across America. It keeps workers under the exploitative heel of employers, pitting workers against each other when we could be united to move our economy forward. It keeps men, women, and children living in fear of raids, detainment, and deportation. Every day that our government doesn�t pass immigration reform, the fabric of America is unraveled, and the American dream is deferred.

Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.

Bump.....

Singhsa,

I am having FP appointmenet at Newark NJ ASC on Oct 2nd.

Can you please share your experience?

Thanks,

Thanks for the reply
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?

-chehuan

Copy of I140 approval notice. You can request this from USCIS using FOIA:)

Oooops, too late. All got before lunch break. Next will be better and cheaper.

Steven

Thanks a lot I learned a lot here.

if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.

OLDMONK,

My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?

Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.

My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?

GULUT,

FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...

Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

If you hear anything different from a legit source please do let me know.

Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

I did try to change the title, but can not. In the body, i did, but main page, i can not.
BUT I can wish about EB3- India to be current soon

I did the same cruise with just Drivers License.

As ship travels in US waters no need to have VISA Stamping...

Unlike Alaska cruise ships leave US waters and enters Internationa waters, so you need VISA.

Cheers.