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  • canmt
    11-27 03:29 PM
    H1B transfer.





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  • jsporn
    03-26 04:01 PM
    The reason a case would be transferred to the National Benefits Center would be to schedule an interview at a local office.





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  • gconmymind
    07-29 02:51 PM
    Are you sure Systems Analyst and Director of Development are considered "similar" jobs? To me it does not sound like similar jobs. Systems Analyst is a technical job whereas Director is purely managerial position.

    Let me know if you have documentation on "same/similar".





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  • logiclife
    02-01 06:40 PM
    It doesnt matter who the President is, on issues of legal skilled immigration.

    Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.

    In Congress, we have a presistent problem of a filibustering senate.

    What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.

    So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.

    The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.

    This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.

    If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.

    THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.



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  • amitarora74
    08-04 01:32 PM
    I had absolutely no trouble. I have travelled to India and also to Canada(by Road) and used my AP both times while my wife had GC and my kid her US passport(all different status:-)), we all went to same officer and he never asked anything on why i had different status etc





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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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  • jcrajput
    09-29 07:00 PM
    I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
    Today I received my entire application back with "REJECTED" status.
    On Reject notice it has mentioned as below:

    ------
    The application you filed along with any fee you submitted is being returned to you for the following reason(s):

    x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

    The following document may be provided.

    Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
    Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
    A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
    Other evidence than an immigration visa petition has been filed/approved on your behalf.

    ---------------------------------

    Here below is my I-140 detail:

    Category : EB2
    Receipt date: 12/11/2006
    PD : 10/04/2006
    Approved from: NSC

    -----------------------------
    My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.

    It looks like they have overlook the I-140 copy and neglect that.
    Can anybody give me some idea about following:

    1. How I can re-submit my application?
    2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.

    I really appericiate your response and help. Thanks a lot.





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  • qualified_trash
    06-29 03:13 PM
    Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.

    As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.

    I completely agree with you that it feels a lot better when you have a copy to look at.

    However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.



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  • hmehta
    07-14 10:32 AM
    Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)

    My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

    I would ask you guys to consider filing especially if your PD is in 2005 or later.





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  • k_usa
    08-10 11:37 AM
    I don't think it is correct.

    Because i applied for my wife's H4 extension last year and i have sent a check without any address to USCIS, and my wife's H4 extn approved without any problems.



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  • matreen
    08-22 11:02 AM
    Hi there,

    Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

    Note: Still I am working for the same sponsered employer.

    1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?

    2. What happens to my EB3 processing if my EB2 got rejected for some reason?

    3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?

    4. What all the requirements filing EB2 for converting from EB3?

    I would really appreciate your answers.

    Thanks,
    Matt.





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  • prouddesi
    09-10 05:57 PM
    Dear Members,

    IV recommends that you wear IV T shirts for the Rally.

    Here is a link to buy IV T-Shirts for the rally.
    http://www.cafepress.com/immivoice/

    If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:

    http://www.cafepress.com/immivoice/3465245

    Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
    Hi,

    I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.

    Thanks.



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  • raysaikat
    07-13 01:15 AM
    Hi Ann:

    I would like to ask related questions in this thread..

    what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
    If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
    Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?

    Many many thanks for your response...

    You must be physically present in US to submit I-485.





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  • randomagain
    08-26 12:22 PM
    sonic = wow

    I've always liked this one...



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  • chanduv23
    10-02 08:06 AM
    ^^^^^^^^^^^





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  • thehulkdeals
    05-14 04:51 PM
    Hi all, I need your advice and opinions about my situation.

    H1b � Started on Oct 07

    PERM is approved and my PD is April 6, 2006 (PERM)
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.


    I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?

    It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won�t need it.

    Is there any benefit to have EAD in my situation?

    If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?

    For example, if I do not renew this year, can I apply again next year?





    Thank you



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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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  • vselvam
    12-16 05:20 PM
    I would like to know some details about EB3.

    Currently the priority date for EB3 India is May�01.

    My PD is Mar�2004.

    When no reforms happen, how long approximately it will take to reach my PD.

    I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?

    Thanks





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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?





    prdgl
    02-11 11:08 AM
    But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.



    If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker




    Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.

    Your thoghts are important. Please let me know.

    Thanks





    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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