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  • gcsomeday
    12-07 04:46 PM
    Houston Texans suck. Go VY.





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  • h1techSlave
    03-19 11:57 AM
    I can't think of anything other than getting the company immigration lawyer's help in this case.

    On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".

    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.





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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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  • calredd
    10-01 01:52 PM
    You have to select NO if your VISA has expired more than an year back from your future/present appointment date. Your category will come under new Visa. I am in the same boat as yours and when I see availabity, there is none. Dont know what to do.



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  • kondur_007
    08-03 02:17 PM
    Great idea. edited the signature.





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  • nixstor
    02-09 06:09 PM
    http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html

    check it out!



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  • Atishbazi
    03-31 03:26 PM
    I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?

    Atish.





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  • busy
    03-08 05:37 PM
    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Company C got RFE and because of abondonment by company C, it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.



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  • unseenguy
    06-19 01:18 PM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B

    Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.





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  • Munna Bhai
    01-18 01:08 PM
    and trust me they will find one....

    BTW - Canadian Dollar is doing better that USD...!!!!

    If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.



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  • sac-r-ten
    03-03 10:28 AM
    Congratulations and thanks for sharing.





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  • tigerk
    10-02 09:57 AM
    Yes you can apply, but you need to have a Co-signee who is either a US citizen or Permanent resident



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  • gomirage
    05-28 05:19 PM
    If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.

    Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.

    On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?





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  • rameshvaid
    09-02 03:02 PM
    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you

    At the POE the IO will surely know abt your arrest. Have all your documents from the court and show it to them and you will be allowed to come in.

    Expungement can be done only after 12 months and u should not have any other record against you.

    Just relax,, do not repeat the mistake and cross the boarder if you have to peacefully.. You will be just fine..

    RV



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  • nlssubbu
    10-05 04:13 PM
    Just to add My I 140 approved from the first company.

    You have two options in this situation.

    1. File an amendment to the approved I-140 based on Merger / Acquisition
    2. Once you got EAD, invoke AC 21 and can continue with your employer.

    I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]

    Thanks





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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.



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  • kishore0302
    08-06 04:53 PM
    DDash ,

    Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.

    you will see your wife's check clearence today or tomorrow.


    any way, Congrats...





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  • knowDOL
    08-15 10:52 AM
    I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.

    I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.

    I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments





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  • skp71
    07-16 06:14 PM
    My lawyer says that her status is AOS from nowonwards. Even I can change job, that dosen't cause any issues for her 485, she says. What do you guys think? I want to change job. Also, I have read from some other forum, it would be good to work for the sponsoring company for 6 to 1 year after get the gc.

    got it, sonu. Thanks; clear as water now!

    skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.





    like_watching_paint_dry
    07-13 09:56 PM
    Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren for taking our cause to heart and using her position to ask the right questions that has led USCIS to consider some action to alleviate the pain they caused us by creating this mess. I figured we could show our appreciation for what she did to help us out.

    Just a thought.....





    Lisap
    08-03 12:15 PM
    Thank you all this helps a lot!! Lisa



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