Thursday, June 9, 2011

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  • FinalGC
    05-01 11:05 AM
    singhsa3:

    You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....

    You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.

    Anyway I do not want to discourage you......Keep up the enthusiam dude!!!

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...




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  • valatharv
    07-16 01:28 PM
    Thank you so much for support...

    It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
    I have heard that it helps.




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  • svm
    08-31 12:10 PM
    I am also in the same boat. I am Aug 2007 filer. I got an interview at local office on Feb 2009 to check on my vaccination papers.. They told me my papers will be at their office until the dates become current, and that they will issue Finger print notice before apprving the case(when the date become current) that as my FP was close to expiry then. They gave me a letter that said only contact them 30 days after the dates become current. I havent got the FP notice yet. Not sure if I should contact the local office.




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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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  • sainwa
    04-16 01:48 PM
    Any one from Sugarland (Houston TX)? Its rated one of the best place to buy the house NOW .
    http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html

    How is the IT job market there? who are the big employers in Houston area?




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  • srikondoji
    07-02 02:10 PM
    Can you shut up for a moment on racist slurs?
    What kind of a human being you are to point a smell of racism in my post?
    Just get off my thread.

    Your quote about Mexicans is as racist as it gets. Please delete it. This is not the time to lose your cool and vent your anger towards wrong things.

    Thanks,
    Jayant



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  • Prashanthi
    09-04 01:34 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.

    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.




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  • gccovet
    05-16 04:15 PM
    All,

    Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"

    Just wanted to update everyone so that all the June/July filers can file appropriately.

    Again, mine could be an isolated case. So, please dont panic::))

    This is going to get worse as July 07 filers (i am one of them) starts filing renewals.

    Question is: Can a person currently working on EAD continue to work on EAD (renewal request filed) eventhough EAD expires? what would be the status if he/she cannot work?
    GCCovet.



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  • mdcowboy
    02-25 08:45 PM
    I don�t want to get into this fight or judge the OP. They are already paying the price for they did. Just I want to reply for your post. If it has happened by mistake we can consider put ourselves into their shoes. I believe most of us do not want to shoplift intentionally. Some people are doing it for fun/thrill or it�s in their blood. In this context, I failed to understand what do you mean by 'Put yourself in their shoes'.

    People got one more channel to vent their frustration... Never mind...

    I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.




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  • vin13
    08-24 11:40 AM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message

    I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.

    Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...



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  • NKR
    06-09 12:52 PM
    You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.

    Congratulations. How long did it take since your PD became current till you got the card production ordered email?.




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  • TwinkleM
    07-16 05:48 PM
    bump...



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  • ashishgour
    09-10 11:11 PM
    Ordered 2 T-shirts n 2 IV Caps..
    See u all in DC..




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  • sai2005
    03-06 04:22 PM
    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
    so please advice on how to retain my status.
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Thanks



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  • rghrdr777
    10-27 11:15 AM
    I got the same response about AP (same RD), approved Oct 17, not received yet.

    Please let us know if you receive it. Good luck.

    My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.

    TSC (Sent to NSC. Got transferred to TSC)
    RD: 06/25/2007
    ND: 08/01/2007
    EAD Self Card Received: 08/23
    EAD Spouse Card Received: 08/25
    FP done for myself and Spouse: 09/06
    Name check initiated on 08/09/2007 and is pending
    AP: Approved 10/11/2007 received by attorney: 10/27/2007
    GC: Waiting




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  • gsc999
    06-08 05:41 PM
    When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
    --
    The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?

    Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D



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  • shreekhand
    10-04 11:33 PM
    :p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)




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  • sukhwinderd
    08-22 02:41 PM
    you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
    one of my co-workers got it renewed based on H1 receipt. and we are in FL.




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  • bigboy007
    06-04 12:58 PM
    i too think so they wont drag it more




    stuckinretro
    09-04 10:52 AM
    This is confusing. What is the source of this post?

    1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.

    2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.



    This is what I found in another thread:
    "06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    • This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    • However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    • According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
    Name of 485 applicant
    Name of I-140 petitioner (employer)
    I-485 Receipt Number
    "A" Number of the 485 applicant
    Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
    New I-140 to be inter-filed
    Statement requesting new I-140 be inter-filed with the pending I-485 application.




    unseenguy
    02-23 12:01 PM
    Hello everyone - My company has announced a 10% across the board paycut. I am sulking over it as there is no job guarantee. I am in a big consulting org. There are no new projects coming and my project is there till end of April. I have I140 approved but I am afraid that my employer may seek to revoke it , if I leave on my own.

    Gurus - Do you think it is wise to use AC21 in this situation. It will take years for me to get back to (2-3) my original salary level and if I accept the paycut and lay off happens, the future employer may seek further paycut or same salary.

    My wife has already lost job and hence I am paranoid that I have taken almost 50% paycut if we consider 2 incomes. I dont think economy is THAT bad.



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