Friday, June 17, 2011

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  • actonwang
    06-16 02:05 PM
    it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(





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  • ranahosur
    07-15 07:39 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R





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  • felix31
    06-05 03:16 PM
    I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.

    Pappu,

    I guess the uprooting thing depends on many other issues....

    E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.

    However the retro thing is ruining everything (just like so many others here - we are not an exception).

    In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
    Will that help me? No, sir!

    We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).

    So, in our case - moving to Canada is much like moving to another State...
    Not a big deal...It certainly will not be the first time to rent U-haul. :)

    What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.

    It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..

    I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.

    Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
    If one spouse suffers and is not happy, how can the other be content?

    He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
    We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.

    I would LOVE to work, BUT - as H4 - I can only dream about that.

    Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.

    Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.

    In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.





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  • sixburgh
    06-28 04:09 PM
    Why did they allow me (my lawyer) to renew H1 status then?
    Lawyer just received the h1 approval, you know?
    And I too received my wife's H4.



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  • akhilmahajan
    04-23 09:41 AM
    Thanks a lot guys for your inputs. I hope everything goes fine.......

    heard these days it is taking more then 6 months for I140 approval...........

    mine was filed in marcha, 07 in the Texas processing center...........





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  • whoever
    07-19 10:36 AM
    guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?



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  • smads
    03-05 06:18 PM
    Please help me out with my question.

    My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

    I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

    "H-1B
    May-22-2007
    (validity of ppt)"

    i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
    1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
    2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
    3) do i need to file for an extention?
    4)do i need some sort of petition?

    much appreciated
    thanks,
    smads





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  • chanduv23
    09-09 03:14 PM
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    LETS MOVE THE MOUNT HOOD
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  • franklin
    12-12 11:49 PM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.





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  • glus
    10-21 08:32 PM
    All,
    I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
    Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
    Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
    I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
    The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
    Is it a right strategy? Please comment.

    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,



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  • dealsnet
    12-05 07:06 PM
    If any greencard holder is convicted say for 5 years, he need to serve the term and will deport to his home country with escort. I know a man came here in 1969 (that time World trade center is still on construction) and didn't take citizenship have a dispute with his wife and she fix him with the help of her lover and went to jail for 5 years; he got deportation order after his sentence. He appealed and got rejected. Post 9/11 period he took a wrong 'U' turn on a road; police caught him and checked his details find he have a deportation order. He is send back to India within 2 weeks to Bombay with 2 escort.





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  • aj_jadeja
    02-07 06:32 PM
    waht is ur origination airport ?
    and AMD means Ahmedabad ? or amsterdam ?



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  • pappu
    04-08 12:03 PM
    Please add your details in IV tracker

    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    and we can see the total cases in EB3





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  • mpgc
    10-19 11:52 AM
    Hi,

    could you please provide me your attorney's details?

    Thank you,

    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.



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  • Googler
    07-20 12:53 AM
    But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.


    Man, these forums are getting chaotic -- we need a reorganization so that duplicative threads are avoided. Namecheck probably needs its own subforum.

    I didn't want to re-post what I said in the name check sticky thread, so here is a link http://immigrationvoice.org/forum/showpost.php?p=126248&postcount=351.

    As for the argument that the name check process enhances national security that is not really true.

    (a) how is national security enhanced by having someone sit around renewing their EAD hanging out in the country year after year -- they should really be hurrying if they are so worried about the risk we pose.

    (b) there is considerable internal debate about the usefulness of the "reference file" part of the check; the part that causes these huge delays. Read the name check section of the Ombudsmans 2007 report.

    (c) if national security is being preserved by this process why isn't it fully funded through appropriations?? Surely catching a terrorist is worth more than the $2 per application that USCIS pays FBI.

    (d) if national security is being preserved by this process, then why is FBI complaining (see recent press reports) that only 30 analysts are available for this reference file part of the analysis?

    (e) Sec. Chertoff is always yammering on about "risk based" national security policy -- the FBI namecheck process is the opposite of risk based policy. See Ombudsman's 2007 report again.

    Also note that 8 USC 1571 (http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001571----000-.html) states very clearly that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application". Congress did not intend that the process should stretch on for years upon years. 8 USC 1571 was not stricken after the new name check guidelines were put into place.

    These are all points that we have to hammer on -- to the press, to congress to absolutely everyone who says hi to us.

    This should be a campaign as large as the one for the visa bulletin fiasco because the effect of the FBI Name Check is as devastating if not more devastating than the visa bulletin fiasco.

    All these years we had no choice but to believe the BS that was trotted out by FBI (google Cannon, Garrity testimony) about how most records were done by the time you made your morning coffee, what are you thowing a tantrum about my lovely etc. I really sat up when I read the 2007 Ombudsmans report which finally provided data to support what so many people had been complaining about for years. Now no one can deny that the scale of the problem is unpardonably large.





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  • inskrish
    09-15 10:44 AM
    The I-485 processing dates have moved forward just a week. Disappointing. :(( If you don't see the Sep.15 dates, close all your browsers, and open a new window to view the dates, or just refresh your page until you see the new dates. )

    I-485 EB (NSC) July 08th, 2007
    I-485 EB (TSC) June 23rd, 2007.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • bestia
    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.





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  • CHHAYA
    04-28 12:47 PM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)

    I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?





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  • arnet
    06-14 05:13 PM
    In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.





    GCcomesoon
    10-31 02:39 PM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:


    Hi

    I got my EAD approved last week on 10/25 after 143 days.I had made 2 info pass appointments, had called USCIS & created 2 service requests after which I guess even my attorney had called USCIS . Only after all this , the message on USCIS online showed that "Card ordered" Actually I have to still receive my physical card in hand. Can you believe even my FP is pending for last almost 5 months now ?

    Thanks
    GCcomesoon


    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07, approved - 7/24/07
    LUD in my case - 1131,485,765, - 7/11/07
    LUD in spouse's case - I131-7/11/07
    EAD cleared for spouse - 08/20/07
    FP for spouse - 08/08/07 , I rescheduled it.
    FP scheduled - 10/03/07 - Done
    AP approved for spouse - 09/12/07
    EAD -10/25 - message - Card ordered online.
    Still waiting for actual EAD card & FP





    felix31
    06-05 10:48 AM
    no, no....it does not make me feel any better...
    I am so sorry to hear about your never ending wait....
    :( :(

    unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...

    As each day pass, Canada looks even better as our new motherland ...or at least we hope
    :rolleyes:



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