bryson from my life as liz

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  • vxg
    09-10 03:46 PM
    I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...

    On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.





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  • matreen
    12-17 02:21 AM
    Team,

    Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.

    But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).

    I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.

    My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.

    1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?

    2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?

    3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?

    4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?

    5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?

    6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?

    Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.

    Thanks,

    M





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  • tonyHK12
    10-04 02:21 PM
    I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. .
    I contribute just 2-4% as I don't get company match. Regardless if you get a match, I know some friends who prefer to put it in India/mother's fixed deposit accounts for 8-10% interest, or if you have a PF account still open its an option. Property prices there too may shoot up in some areas, giving a good return, while here they may stay stagnant for many years.
    Some banks allow NRIs to trade stocks or mutual funds in India too.
    The only reason for 401K is if you plan to retire here.
    Liquidity is a big problem as you have to quit the company for withdrawal from 401K. Some 401Ks give you loan at 2-3% interest. Its kind of strange because its your own money.





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  • Munna Bhai
    10-15 01:44 PM
    Hello Friends,

    I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...

    1) Have a Job on H1B
    2) Received EAD.

    My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"

    Pl adice.

    Thanks much.
    PD: Feb 2005, EB2
    RD: 20th July 07
    ND: 17 th Aug 07

    Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.



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  • nihar
    11-21 04:08 PM
    if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess





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  • peer123
    04-17 09:19 AM
    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.



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  • mmanurker
    12-10 02:30 PM
    The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.

    Yes, I agree that dot system if used properly is a good system. I dont mind people giving me red dots but what really bothers me is when people leave nasty comments and use foul language. So is it possible to show/expose user id along with the comments when ever someone uses foul language and leaves a nasty comment? This will make sure that people who use foul language will restrain from leaving such comments for the fear of getting their Id's exposed and the privacy is also maintained for those who use appropriate language.
    OR
    Show the Id's of all the people irrespective of red/green dots.
    If this requires too much of time and work for IV admins then pls ignore this and we can think of alternate solutions.





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  • neerajkandhari
    06-05 10:04 AM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    i highly appreciate your quick reply

    I have recently left my job on 31 May 2009
    I was with my Green card sponsoring company since i joined in 2004

    Do i need to collect something from my ex employer since i have quit my job

    I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case


    I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year


    I will provide a offer letter from my new employer when USCIS needs it



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  • factoryman
    06-19 01:31 PM
    Don't know what the officer will do. Don't tell me I didn't tell you.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




    any members planning consular processing in delhi ???
    please respond





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  • NewDocinUS
    02-05 01:21 PM
    Hi,
    I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.

    I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.

    Thanks



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  • pappu
    11-06 06:48 PM
    congrats and good luck





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  • BMS1
    11-05 08:32 AM
    Hopefully, you guys and other new H1-B guys coming to US and yet to file for green card, get frustrated enough about getting locked to an employer and inability of the spouse to get employed and join IV in large enough numbers to bring the "Ability-to-file-I485-during-retrogression" to the top priority where it once was.



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  • pappu
    06-22 04:37 PM
    If you want to impress USCIS officer with your looks, go to a potrait studio. :) Else try CVS.

    If you are really dying to save money, Don't apply for I485. Comeon, when you are spending thousands on your greencard why do you care for 5-10 dollars.





    tattoo of quot;My Life As Liz. bryson from my life as liz. of quot;My Life As Liz.
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  • jcrajput
    06-09 01:55 PM
    Thank you all for responding.

    I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...

    I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
    Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?

    I appriciate all for your help.
    Thank you



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  • cox
    August 22nd, 2005, 09:14 AM
    A shot of Coit Tower in SF using the same technique. 3.2s exposure. I like the sense of motion. I'll try some cars next.

    http://www.dphoto.us/forumphotos/data/931/medium/coit_tower_C_sm_JP8X3854.jpg (javascript:;)





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  • ras
    05-24 12:44 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.



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  • bliss_yyu
    07-20 08:16 AM
    no, i think you are exempt from cap. lucky u!





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  • morchu
    04-27 05:18 PM
    No. Applying for new H1-visa-stamp at a consulate, invalidates your existing H1-visa-stamp.
    If the new visa is not granted or somehow one goes into 221(g)
    waiting for some check, what happens then? Can you still come back on current visa?

    Thanks.





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  • starseed
    07-20 06:10 PM
    LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.





    bikram_das_in
    05-14 11:06 AM
    Paid $25 for this month.

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    black_logs
    10-27 11:06 AM
    Yes they keep the originals and send it back with your passport, atleast they did in my case. I went to consulate in N. Delhi
    My wife went for H4 visa stamping in New Delhi embassy ...



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