Wednesday, June 29, 2011

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  • mihird
    10-26 02:17 PM
    They took her original 797 approval notice away....it did confuse her and also me.

    She just got her stamped passport back in courier yesterday, but there was no 797 with it.

    Should we contact the consulate for it?





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  • kopra
    05-08 03:38 PM
    I Agree that a "professional model" is hard to find and they deserve to be in "Highly skilled" category. Thats the same with a Genuine "Java( or Any Technology) Expert". But those people are really hard to find these days


    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)





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  • mymyanmar@gmail.com
    08-11 01:31 PM
    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy





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  • WeShallOvercome
    12-13 01:59 AM
    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.

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.



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  • apahilaj
    12-31 01:32 PM
    No FP notice either. Check signatue for more details.





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  • krishnam70
    03-26 12:28 AM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
    My 485 was filed way back in Sep 2004. OK
    My 140 was approved way back in Nov 2004. GOOD
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
    2005 W2 – shows 57,000$/yrsame as above
    2006 W2 – shows 50,000$/yrsame as above
    2007 W2 – shows 58,000$/yrsame as above
    2008 W2 – shows 67,000$/yrsame as above

    Never changed employers nor job titles. good

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.

    Thanks.

    - cheers
    kris



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  • saketkapur
    07-06 02:46 PM
    Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.

    I am now with a different employer and using my EAD since May this year.

    Hope this helps......





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  • sobers
    07-26 03:24 PM
    Guess I've lot track of time now too
    :)

    anyway its going to be important to keep an eye on bills like these given that CIR is not going anywhere, and SKIL is not looking too good either. the 20,000advanced degree H1B exemption was introduced in the 2004-05 Omnibus Appropriations bill. maybe we can get a few simple administrative provisions like 485 filing in some bill.

    I mean last year they got the real ID provisions in the iraq spending bill. this is not anywhere as controversial as that, but we we need the will to get this through. maybe we can have a fundraising effort for just this purpose...i'm sure lots of folks would join in..

    I know you guys are doing your best under the present circumstances...



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  • sonia_sd
    02-11 09:11 PM
    Please forward this to everyone who are in the queue





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  • newlife2
    09-19 10:40 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.



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  • nozerd
    11-21 12:22 PM
    HELLO ! Emilio Gonzalez, USCIS Director is Cuban American. Its probably his parting gift for "his people".
    Cuban Americans are very strong Republican vote block. See new TV serial "Cane" on CBS to get a sneak peak into the community.





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  • logiclife
    12-20 08:06 PM
    Accuracy of is really really bogus.

    Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".

    Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.

    data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?



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  • bobbydalal
    08-24 12:05 PM
    Hi i just wanna clarify one thing. Ur date is far from being current and they already called u for ur interview is that rite.





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  • wandmaker
    10-30 08:41 PM
    1. File AR11 form with USCIS online, by giving the receipt numbers you can change the current address on file. Next day call USCIS 1800 # and confirm the address change.

    2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.

    3. File for AR11 again, when you move again.

    4. At the time applying for 485, I assume you have mentioned your current address in G325.

    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?



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  • dionysus
    01-28 08:31 PM
    I just applied for a PIO card for my daughter. I did not even know that there was any other option available.





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  • GCMD0203
    09-10 02:24 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19
    Hi,

    I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

    Have you ever filed an immigrant petition for any person in this petition?

    Last year when I filed for H1 extension I had checked 'NO'

    But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

    I will appreciate if you can help me with this.

    Thanks,



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  • eb2_immigrant
    09-16 02:35 PM
    I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.

    Do not wait for USCIS to make decisions.





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  • BornConfused
    07-03 11:04 AM
    Texas service center. I think they move much faster than Nebraska.





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  • redelite
    08-25 01:08 PM
    +1

    I totally agree, I'm running out of ideas.. :-/





    prom2
    07-22 12:00 AM
    New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655

    First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.

    You guys are wrong.

    1) The new fee for I-485 is a package fee (includes EAD and AP)
    2) EADs and APs are included as long your adjustement application is pending.

    Read the last paragraph here:

    http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf





    vandanaverdia
    09-12 09:48 PM
    bump



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