whattodo21
04-23 12:18 PM
working with USCIS may yield us better results than suing them. the process may be slow, and it won't antagonize them against us (if they are not already!)
iv is pursuing the right strategy.
iv is pursuing the right strategy.
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bfadlia
02-21 12:31 PM
your browser might be getting the old one from cashe
Rakson
03-01 12:25 PM
Another front to think about :
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
You have added important point for consideration. Thanks!
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
You have added important point for consideration. Thanks!
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arjunpa
08-18 11:35 AM
Thanks for the replies guys....
TXH1B,
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
TXH1B,
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
more...
paskal
12-19 03:12 PM
Dear MN members,
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
anindya1234
06-01 02:27 PM
You guys might want to check out my online petition:
http://www.petitiononline.com/legalimm/petition.html
http://www.petitiononline.com/legalimm/petition.html
more...
GCBy3000
07-08 03:58 PM
Again he wants his message to be clear. Here in US, Indians means Native Indians. Everyone till now whom I have come across refer to Indain while they speak and that is for Native Indians and not us. Also our motherland INDIA is in south east asia which is why he clearly said EAST INDIANS. So take a dip in cold water and move on.
Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.
Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.
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chantu
06-15 09:26 AM
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
more...
nb_des
03-17 01:33 PM
I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
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gcdreamer05
01-12 01:42 PM
best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
more...
perm2gc
11-03 04:30 PM
The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
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senthil1
05-09 11:58 PM
As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.
more...
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anindya1234
06-01 02:20 PM
I am not sure but the SKIL bill may be one such initiative. Check out
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
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prem_goel
12-02 11:25 PM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
more...
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desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
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chanduv23
05-11 12:00 PM
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
Will do that Pappu, thanks.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
Will do that Pappu, thanks.
more...
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insbaby
09-26 01:29 AM
You made my day. Thanks so much. :):):):):):):)
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
Most of the points are true, but using the OLD PD is still a question.
People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.
Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.
Then eventually this becomes your life long challenge of working on immigration matters every day.
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
Most of the points are true, but using the OLD PD is still a question.
People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.
Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.
Then eventually this becomes your life long challenge of working on immigration matters every day.
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seeking_GC
07-19 03:35 PM
Thanks for ur reply..anyone else has any input on this??
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jonty_11
08-13 06:40 PM
just read teh 3rd post above urs...phew!!! that was tiring wasnt it...
maine_gc
04-20 04:02 PM
I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.
So what does the gurus suggest?
So what does the gurus suggest?
anindya1234
07-17 10:08 PM
I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?
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