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  • ganguteli
    04-23 01:16 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
    Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?

    I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.





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  • MunnaBhai
    08-10 05:11 PM
    He has mentioned EB3, India





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  • mnq1979
    10-23 05:07 PM
    I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.

    hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?





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  • immigrationvoice1
    03-11 03:39 PM
    My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

    No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D



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  • sledge_hammer
    02-18 12:08 PM
    If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • trips2010
    08-27 07:36 PM
    Any one get refund from USCIS ??
    I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

    any one sent letter for refund before ? do we have any form for refund ?
    How this will work out ?



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  • vxg
    06-25 12:34 PM
    Kinko's did it for me for $24 6 photos very good quality.





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  • ivjobs
    11-06 05:11 PM
    Some of the IV Members have great entrepreneurial spirit but could not proceed with their dreams of becoming their own boss because of the limitations in maintaining their status and starting a successful business. To address various problems being faced by the Members of IV community who dream to start their own companies, a yahoo group has been formed to help and exchange information/resources/experiences among each other.

    Immigration Voice Entrepreneur group is a forum for like minded members of Immigration Voice who have basic interest in Entrepreneurship. The forum intends to help its members through exchange of knowledge and experience in their entrepreneurial endeavors. This is an open forum, please feel free to ask any questions related to start up, issues concerning Maintaining Immigration status and starting business, help in building your existing business, etc.

    Please visit the below given yahoo group website to subscribe to forum.


    visit Weblink : http://finance.groups.yahoo.com/group/ivstartup/

    or send email to: ivstartup-subscribe@yahoogroups.com


    Administrators, please if possible make this a sticky so that members can join, actively participate on this thread.



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  • alien2006
    08-23 07:43 AM
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)





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  • sodh
    07-27 04:14 PM
    The FOIA request takes around 18 months to get some answer even if your request is easy.



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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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  • GCNirvana007
    09-10 11:37 PM
    Well VXG,
    I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........

    Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....

    Well Boston USCIS is no better we have experience over there too couple of years back....

    Will have to go there again..not sure if Lawrence has Biometrics facility or not....

    OOOOOOOOFFFFFFFfffff how much more can I bear..................

    SoP

    :p See what you got to deal with marriage, i am TOTALLY kidding



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  • Imigrait
    01-26 11:06 AM
    Great AP dates have finally moved :) . Hopefully should get mine by Feb end.





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  • Rb_newsletter
    08-20 03:35 PM
    I would suggest get the passport renewed in India using tatkal system. That way you don't have to worry about POE or getting your passport renewed in USA.



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  • Jerrome
    07-09 11:56 AM
    How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?





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  • desidude
    07-22 12:12 AM
    sundarpn,

    I had the same questions and clarified with my attorney.

    1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.

    2. Yes, you can extend.

    3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.


    Nave_Kum,
    I don't understand your post. can you explain?

    I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (on H1b transfer):
    1. Will my 485 remain in good standing

    2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).

    3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)


    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]



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  • mayitbesoon
    02-20 05:47 PM
    any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?





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  • jayram123
    07-12 04:40 PM
    We do not need new thread. Either close or change the title, please.





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  • jayleno
    08-21 02:43 PM
    I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)
    ... anyone explored Indian job market, if yes then what is hot?





    plreddy
    08-04 05:38 PM
    Same thing here also. My GC (primary ) was approved on 11-Aug-2008 and my wife's 485 is still pending. We went to India in November 2008 and returned back after 1 month. No questions were asked about my wife's AP.

    Thanks
    PL Reddy





    kriskris
    08-22 03:18 PM
    I just called the DMV, they are again blindly saying that they just accept I-94 and nothing else. When i tried explaining them about how this is being handled in other states, they told me that this is TEXAS....we go by our own rules. I don't think i have any other option other than going for Premium.
    Any advises on upgrading to premium at this time.