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  • upuaut
    09-20 03:05 AM
    forgot.. another nice feature of Painter 6.0 at least and I assume of 7.0. It will use any Photoshop plugins. Likewise it will import and export to Photoshop's psd format. I really believe that the programs are both good and are fated to be used together.

    for instance.. the magic wand tool in painter does not even come close to the one in Photoshop.

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  • krishnam70
    05-05 04:37 PM
    No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.

    But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.

    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers

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  • BEC_fog
    11-17 10:53 AM
    I looked at converting to RIR but there seems to be no point in changing. There is no guarantee that an RIR application will be processed before an TR. Also, they are picking up applications in random order and not FIFO. So, I decided against the conversion.

    PD: EB2 India- Sept 02

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  • srikondoji
    10-15 05:37 PM
    The way the government is trying to make money by first increasing H1-B fee and then adding premium processing and then adding I-140 premium processing, it looks like we are not too far from premium processing everything in GC(I-485 etc).

    They could introduce a jumbo offer for $20,000 and you get GC within few days.


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  • raysaikat
    07-10 08:50 PM

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.

    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

    I highly recommend that you read the 8 CFR from

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.

    though i can work until the petition is pending.

    I'd really appreciate any advise...


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  • Canadian_Dream
    07-25 01:51 PM
    Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

    Do the following:

    If you receive physical copy before AUG 17:
    1. File I-140/I-485 with your OWN labor before AUG-17.
    2. Do not apply for EAD and AP on the second one.
    3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
    4. You can continue using EAD/AP filed with the first applications.

    If you don't receive the physical copy before AUG-17

    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

    Good Luck.

    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated


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  • srikondoji
    06-15 09:33 AM
    We should start somewhere to get heard. But again the media, government has too many other important issues to deal with and our issues may fall on deaf ears. We should still continue to make noise with a hope that we will get noticed.

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  • ca_immigrant
    05-14 11:40 AM
    So, this so called nice does it come?

    I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?

    I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)

    Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)

    So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....

    Thanks for your replies Folks !!


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  • GotGC??
    01-14 07:54 PM
    1. She's eligible to get the I-94 expiry date as July 2008
    2. As 1 above, but even if she gets July 2007 there's no real difference; she's legally admitted till July 2008 (from the I-94 on the I-797) and for any travel post-July 2007, she'd need a visa stamp anyway.
    3. Since the re-entry is so close to the visa expiry, the POE officer may say something like "hmm...your visa is expiring in July 2007" which is a good time to show the new approval and get the later date. Otherwise also, it's prudent to show the new approval and get the updated I-94.

    I think we may have spoken about this , but here is my question :

    My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :

    1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?

    2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?

    3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?

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  • krustycat
    12-07 09:08 PM
    I called again today, this time the IO told me that he'll send an e-mail to NSC.
    He gave me a confirmation # NYCxxxxxxxxxxNSC and asked me to wait 30-45 days more.


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  • sam_hoosier
    12-15 09:37 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?


    System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.

    So it would be tough to make a case for EB2.

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  • krishnam70
    08-02 07:26 AM
    Tell me what I am doing wrong here:
    Clicked the link - Forgot Your User ID or Password ?
    Entered my userid and email address and Clicked Submit.
    Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
    I do not remember this.

    If you do not remember the secret question or answer then you have no choice, its probably much easier to use a new id + new email address. Next time, shoot yourself an email with the userid/password/secret question + answer for your record just in case you forget.



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  • ebizash
    04-05 01:52 PM
    Did any one of you, who refinanced, owe more than the home's worth? For example, house is worth 200K but the current mortgage balance is $230K or something. I heard that the new Obama initiative will help these people refinance with FHA. Anyone knows if that is true?

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  • chanduv23
    09-15 12:04 PM
    I would say:

    Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans

    Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.

    It would be great if someone from IV core can also guide on such efforts


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  • brugen
    08-19 03:47 PM
    Send in whatever you do have available with a letter explaining why there is nothing more that you have available. While I know many do not like hiring attorneys because they are expensive, an attorney would be able to help you with the cover letter to ensure the best possible outcome from the USCIS. Good luck to you!

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  • vinabath
    07-02 03:48 PM
    You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???

    Man! You are fast!

    Actually I was slow. The God(USCIS) made me fast.


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  • smiledentist
    06-21 10:19 PM
    May be you need to amend I-140. Please consult a good attorney/lawyer.

    Not a legal advice.
    But the 140 is already approved,can it be ammended now.

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  • nivasch
    09-21 01:02 PM

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  • CaliHoneB
    01-12 05:14 PM
    Thanks a bunch! I appreciate you replying to this. it certainly relieves some of my stress.


    I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.

    One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.

    Non -verbal communication works well sometimes. It worked for us.

    12-09 09:40 AM
    Anybody knows, if the visa recapture included in the dream act?
    AFAIK, Current version does NOT have visa recapture in it.

    11-29 03:26 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.

    But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.

    Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.

    and This how each year of transcripts look like




    I don't know how can he miss Maths from this.

    Does any one else heard/faced a similar issue in the past.

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