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  • prom2
    10-30 08:25 AM
    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.


    I haven't received them yet.

    Thank you.





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  • rb_248
    01-08 02:46 PM
    I read on www.immigration-law.com

    01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform

    Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.

    http://thomas.loc.gov/cgi-bin/bdquery/D?d111:8:./temp/~bdW24V::|/bss/111search.html

    H.R.264

    Title: To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.

    Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 1/7/2009) Cosponsors (None)
    Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Text:
    http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.264:

    I don't think they will act on this until the economic issues are resolved.





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  • frostrated
    07-06 03:36 PM
    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.

    Okay, i checked and I stand corrected. if you are returning the same employer, then you can continue in H1B status. Here is a link that might answer all your questions.
    Z&A - Advance Parole (http://www.hooyou.com/advanceparole/h1bv-ap.html)





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  • h1bnogc
    07-10 11:36 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?

    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...



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  • 485Mbe4001
    08-14 12:46 PM
    I dont think that is the case, i am a direct employee and i have experienced tremendous delays, infact every application from my company (which is a large multinational) has been delayed, so i am guessing its more to do with the lawyers(large, high cost firm) or just good old luck. Infact all of my friends/batch mates who were consultants have their green cards and some have their citizenships too. My theory was that if a company is sponsoring(paying all the money) you are relaxed and initially dont worry about the delays, if its coming out of your pocket you doublecheck everything and are proactive...just a thought

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.





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  • jthomas
    04-28 02:29 PM
    Thanks for the info.

    Are you presently working?

    J Thomas

    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 :) :) :) :)



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  • a1b2c3
    07-10 05:17 PM
    my PD is still not current :p
    Just kidding..glad to see the dates move fwd.





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  • skv
    08-16 10:57 PM
    It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.


    As per the USCIS FAQ #2, medical exam can be submitted at a later date.

    Ref : http://www.murthy.com/news/n_faq2ju.html

    In addition to permitting I-485s to be filed without medical exams, the USCIS will also accept medical exams completed abroad by DOS authorized doctors.



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  • madmax78
    01-26 08:47 AM
    Come down to Atlanta my friend. There is a large indian community here, lot of good schools, all options for entertainment, and a reasonable weather. I have been living here for 6 years and I am happy with this place.





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  • dealsnet
    11-05 10:49 AM
    Your I-485 filing without the dependants is unfortunate. This senario, you need to be in H1 all the time till your PD is current and they are eligible to apply for I-485. Means you can't work on EAD, it will cancel your H1. Always on H1, otherwisw dependents will be out of status. (BECAUSE THEY ARE NOT IN AOS- your case)


    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?



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  • optimist578
    11-19 09:56 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?


    Please advice!

    I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.





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  • coolpal
    04-28 03:37 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)



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  • immigrant2007
    09-15 10:02 AM
    NO We won't do anything. we will jsut browse this site and fight with each other but we have decided to do nothing. We are good at writing but we are better at doing nothing. We have lots of guts and experience in doing nothing and we have deiciced to wait and watch and get our GCs by doing nothing so don't ever hope that we will do something as it is true won't do anything





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  • Pineapple
    08-01 11:05 PM
    It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
    So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..



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  • milind70
    08-28 11:49 AM
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531

    Attorney_8
    posted August 11, 2006 11:29 AM
    --------------------------------------------------------------------------------
    The employee must sign the 9089 once it is approved in order to get the I-140 approved.


    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041

    Attorney_13
    Attorney posted December 02, 2006 10:55 AM
    --------------------------------------------------------------------------------
    The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.

    Both these are PERM cases not traditional labor.





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  • trueguy
    08-11 04:06 PM
    bump



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  • tonyHK12
    11-24 10:10 AM
    The critical mass drives the unity. The indian community is lot lot smaller and even if united it will lack the critical mass. That itself drives them to persue individual subgroup interest by joing other interest groups thereby disuniting. The 90s was the period when
    hispanic community got united especially after Pete Wilson in Califonia and in US. There was major naturalization drive and voting effort.

    Yes true, besides we as a crowd are generally very diverse among ourselves.Well the 1986 amnesty did give them a lot of motivation to come together.

    More reasons for motivation

    Net jump in value of an illegal jumping the border = $20,000-$60,000+ a year 100%-500%+++
    Net benefit to legal after GC = $500-$5000 a year 1-5%





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  • mhathi
    11-09 01:58 PM
    Have sceintific journal/grant proposal writing skills and am good at Powerpoint. Will be glad to help.





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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.





    OLDMONK
    06-15 03:08 PM
    ---

    Sorry for a follow-up dumb question:

    Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?

    If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention





    thamizhan
    07-17 10:11 PM
    I spoke to my attorney office and they said that June 485 receipting is alsmost in the verge of completion and if they dedicate a person for this July early birds will receive receipt number in couple of weeks from now.



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