gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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MatsP
June 1st, 2006, 09:06 AM
Telling other people what lenses to buy (or not to buy) is often hard, for several reasons:
- You probably have a better idea what you want than I do.
- Before you posted here, you probably have made your mind up somewhat.
- My personal preference doesn't really match yours.
- etc, etc.
That's never stopped me from trying to tell people what to do, tho'! ;-)
Now, what lens you should buy depends VERY MUCH on what you want it to do. A 70-300 will be an "OK" lens, it's a budget version - but as you say, it's a lot of money to you, and telling you that you'd get a much better lens if you spend 3x or 5x the money will not really solve a problem.
The things you should consider, however, is if it's going to be good enough for the things you mention:
- Landscapes - a 70-300 lens is probably too long most of the time - your 18-55 is probably a better landscape lens.
- Portrait - Yes, certainly. It's a bit too small an aperture to be a GOOD portrait lens - you want something around f2.0-2.8 - but unless you buy a SPECIFIC lens for portraits, you'd probably not going to get there for anything but A LOT of money.
- Macro . The close-up distance is 5'/1.5m. Depending on the size of insects/flowers and type of photos you want to take, this may be fine or not close enough. However, it's pretty easy to simulate this in the shop, using for instance a coin some such instead of the flower/insect. So if you think that the smallest flower you'd ever want to get a real close-up of is the size of a quarter, lay a quarter on the floor, and try to take a picture of it with the 70-300 lens... Do you get close enough to fill most of the frame, or does it look like a bit lonely with lots of space around it? Can you accept it? Obviously, most insects are slightly smaller than a quarter - except for butterfly's.
There aren't many other options to replace the 70-300, that are reasonably low cost. I'm sure you could find some sigma or other non-Nikon brand lens that is less expensive and do roughly the same, with approximately the same result and the added risk that it's not quite as good at working together with the Nikon camera - at least if it's a Nikon camera and lens you can complain to ONE place and hopefully getting it fixed, rather than being stuck between two companies that neither will take responsibility for your equipment not working... [Although Sigma is more likely to fix a non-compatibility problem than Nikon, of course].
I just noticed that Nikon actually has three different lenses of roughly the same range, a 75-300/4.5-5.6, 70-300 4.0-5.6D ED and 70-300 4.0-5.6G - the latter is a lot cheaper and specifically designed for digital SLR (using smaller lens-elements since the sensor is smaller than the original 35mm film). Not sure if there's much optical different between them. ED should be slightly better optically (and you'd hope so for more than double the price!).
There are a few things that come to mind:
1. If you are SERIOUS about macro photography, you probably want to get a proper macro lens - they get MUCH closer to the subject. There's a Sigma 50/2.8 that costs about $300 which will be a good starting point. A poor mans version is "macro filters", which is basically a screw on lens that goes on the front of the filter screw of your usual lens. They are not quite as good optically, but at least allows you to get close enough to get the subject. The macro lens would also be good as a portrait lens, if you want to get a bigger aperture for that.
2. If you really want to do "big" landscapes, you may need some more wide-angle than the 18-55 gives you. That's obviously not NECESSARY, but for some scenery, it's hard to get far enough away from the subject with a longer lens. Unfortunately, there's really no substitute for dollars here, you'll have to pay for it or not get it, so no easy solution. A Sigma 12-24mm is $689, and that's obviously a lot of money... [Yes, you can get screw on wide-angle lenses too, but if the close-up ones are OK, these aren't - making wide-angle lenses is HARD - magnifying glasses aren't too difficult to make!]
3. You'll almost certainly need a tripod - both for landscapes and macro photography.
Finally: Whilst it's good to consider the purchase, waiting TOO long will make you miss oppurtunities of using the equipment.
Best of luck, and please feel free to ask further questions...
--
Mats
- You probably have a better idea what you want than I do.
- Before you posted here, you probably have made your mind up somewhat.
- My personal preference doesn't really match yours.
- etc, etc.
That's never stopped me from trying to tell people what to do, tho'! ;-)
Now, what lens you should buy depends VERY MUCH on what you want it to do. A 70-300 will be an "OK" lens, it's a budget version - but as you say, it's a lot of money to you, and telling you that you'd get a much better lens if you spend 3x or 5x the money will not really solve a problem.
The things you should consider, however, is if it's going to be good enough for the things you mention:
- Landscapes - a 70-300 lens is probably too long most of the time - your 18-55 is probably a better landscape lens.
- Portrait - Yes, certainly. It's a bit too small an aperture to be a GOOD portrait lens - you want something around f2.0-2.8 - but unless you buy a SPECIFIC lens for portraits, you'd probably not going to get there for anything but A LOT of money.
- Macro . The close-up distance is 5'/1.5m. Depending on the size of insects/flowers and type of photos you want to take, this may be fine or not close enough. However, it's pretty easy to simulate this in the shop, using for instance a coin some such instead of the flower/insect. So if you think that the smallest flower you'd ever want to get a real close-up of is the size of a quarter, lay a quarter on the floor, and try to take a picture of it with the 70-300 lens... Do you get close enough to fill most of the frame, or does it look like a bit lonely with lots of space around it? Can you accept it? Obviously, most insects are slightly smaller than a quarter - except for butterfly's.
There aren't many other options to replace the 70-300, that are reasonably low cost. I'm sure you could find some sigma or other non-Nikon brand lens that is less expensive and do roughly the same, with approximately the same result and the added risk that it's not quite as good at working together with the Nikon camera - at least if it's a Nikon camera and lens you can complain to ONE place and hopefully getting it fixed, rather than being stuck between two companies that neither will take responsibility for your equipment not working... [Although Sigma is more likely to fix a non-compatibility problem than Nikon, of course].
I just noticed that Nikon actually has three different lenses of roughly the same range, a 75-300/4.5-5.6, 70-300 4.0-5.6D ED and 70-300 4.0-5.6G - the latter is a lot cheaper and specifically designed for digital SLR (using smaller lens-elements since the sensor is smaller than the original 35mm film). Not sure if there's much optical different between them. ED should be slightly better optically (and you'd hope so for more than double the price!).
There are a few things that come to mind:
1. If you are SERIOUS about macro photography, you probably want to get a proper macro lens - they get MUCH closer to the subject. There's a Sigma 50/2.8 that costs about $300 which will be a good starting point. A poor mans version is "macro filters", which is basically a screw on lens that goes on the front of the filter screw of your usual lens. They are not quite as good optically, but at least allows you to get close enough to get the subject. The macro lens would also be good as a portrait lens, if you want to get a bigger aperture for that.
2. If you really want to do "big" landscapes, you may need some more wide-angle than the 18-55 gives you. That's obviously not NECESSARY, but for some scenery, it's hard to get far enough away from the subject with a longer lens. Unfortunately, there's really no substitute for dollars here, you'll have to pay for it or not get it, so no easy solution. A Sigma 12-24mm is $689, and that's obviously a lot of money... [Yes, you can get screw on wide-angle lenses too, but if the close-up ones are OK, these aren't - making wide-angle lenses is HARD - magnifying glasses aren't too difficult to make!]
3. You'll almost certainly need a tripod - both for landscapes and macro photography.
Finally: Whilst it's good to consider the purchase, waiting TOO long will make you miss oppurtunities of using the equipment.
Best of luck, and please feel free to ask further questions...
--
Mats
gc_on_demand
05-28 02:58 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
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desi3933
07-13 09:48 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
more...
fatjoe
09-05 12:51 PM
I could not ascertain a patter in which they do the data entry. Information on August filing is entered before the July filings...?
krishmunn
04-08 11:42 AM
Hi
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
No. There was no VISA denial.
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
No. There was no VISA denial.
more...
ItIsNotFunny
09-22 04:31 PM
Some loser gave me red with the following message.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
Ignore them. Someone gave me red with following comment:
"not funny but silly "
These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
Ignore them. Someone gave me red with following comment:
"not funny but silly "
These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.
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kondur_007
08-21 07:12 PM
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Working more is not an issue at all as long as you worked for the sponsoring employer and all the income is reported on one W2 form from the same employer for the stated job on LCA.
On the other hand, I think you have to have "full time job" on H1 unless it is specified as "part time" on LCA specifically. So working less hours may be an issue.
With regard to your second question: the person at the airport is Customs and Border Patrol Officer (the one who stamps I-94). You can write letter with "Dear Officer" address.
Good Luck
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Working more is not an issue at all as long as you worked for the sponsoring employer and all the income is reported on one W2 form from the same employer for the stated job on LCA.
On the other hand, I think you have to have "full time job" on H1 unless it is specified as "part time" on LCA specifically. So working less hours may be an issue.
With regard to your second question: the person at the airport is Customs and Border Patrol Officer (the one who stamps I-94). You can write letter with "Dear Officer" address.
Good Luck
more...
mehulpatel2
09-30 03:19 PM
How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.
thanks,
thanks,
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ImmiRam
09-13 02:31 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
more...
logiclife
06-18 06:04 PM
Exactly the same as mine (except that I needed to copy whole passport)
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
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EndlessWait
07-09 12:26 PM
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
more...
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wellwishergc
07-13 11:32 AM
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
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desibob
06-21 01:08 PM
Ajay,
Any RFEs? Is so - can you give some details like what was it, when was it?
Bob
Any RFEs? Is so - can you give some details like what was it, when was it?
Bob
more...
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ngopikrishnan
06-18 07:12 PM
^^^Bump^^^
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nepaliboy
05-17 04:41 PM
Practically not much.
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
so my pd is current now september 2005 row , my rd is july 2nd 2007 , i had not receive fingerprint notice yet but last week i took infopass and io shedule for 28 th may 2008 ,
after may 28 2008 , after taking fingerprint for my i 485 what do you think they will process my case straight forward ?
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
so my pd is current now september 2005 row , my rd is july 2nd 2007 , i had not receive fingerprint notice yet but last week i took infopass and io shedule for 28 th may 2008 ,
after may 28 2008 , after taking fingerprint for my i 485 what do you think they will process my case straight forward ?
more...
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desighee
06-19 10:22 AM
if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Print
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
wife is a bug that can't be debugged no matter what's the fix
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
wife is a bug that can't be debugged no matter what's the fix
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smiledoc
02-28 09:57 AM
We got our FP in sept 07. Our attorney has advised that we file earlier to be on the safer side.
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
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testtesttest
07-17 06:32 PM
just called her and thanked her for her efforts.
Berkeleybee
03-22 04:36 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sheela
09-25 01:47 PM
Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.
How to know whether NC is cleared. Is there a number to call for confirmation?
How to know whether NC is cleared. Is there a number to call for confirmation?