Saturday, June 18, 2011

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  • srini1976
    07-17 10:59 AM
    Please change the title of the thread.
    It is misleading.





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  • mhssatya
    04-28 08:56 AM
    hyderabad,
    My file is moved to atlanta and my lawyer is from there as well. Where as i'm from virginia. It's been 8 months and I still haven't been called for an interview. Should I be proactive and do something about it or just wait for the interview letter?

    Appreciate your response.


    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.

    Thanks





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  • dpp
    08-02 12:56 PM
    FedEx is the best shipping company for both domestic and international.

    DHL is worse than UPS.

    It is in this order

    FedEX
    UPS
    DHL

    I have very very bad experiance with DHL.





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  • ilanbenatar
    04-25 07:21 PM
    Thanks Domino,

    I'll do my best and cross finguers.

    Good luck to you!



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  • bkshres
    10-07 03:47 PM
    Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.

    Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?





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  • gccube
    04-08 12:28 PM
    started the papar work with the attorney already.



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  • X-Wing
    05-15 04:33 PM
    To Bindas74,

    Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

    On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

    Thanks,





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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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  • Prashanthi
    09-08 03:36 PM
    My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

    Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

    Any comments/ assistance would be most appreciated.

    Thanks

    I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.





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  • gccovet
    04-17 10:19 AM
    it is on the approved labor certificate, that my lawyer gave me

    How to find associated SOC code with DOT code (DOT code is on LC certification, OCC code , Ind COde and OCC title is on certified LC)? I tried to find my case in the MS Access databases (from year 2001 to 2007) but could not find my case at all. My PD is May 2004, and LC certified March 2006(was sent to Backlog Center in Dallas), which MS Access database do I need to look into?

    My title on LC is programmer analyst (OCC code= 030.162-014), read thru the forum replies, found that programmer analyst have OCC code= 030.162-014 and SOC code=15-1031, most of them found their SOC code from MS Access database(some found in their Certified LC??? ). I am presuming my SOC code to be 15-1031, but wanted to confirm that. I am debating on invoking AC21, but need to make certain SOC code matches with future employer (future employer gave me job code as 15-1031) as my future title will be totally different (instead of programmer analyst, it will be IT Business Specialist).

    Any help/hint will be highly appreciated.

    Regards,
    GCCovet



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  • ravi2patel
    07-23 11:29 PM
    Thanks guys..i did approach another attorney and he said i should be OK as i have a clean record, that i should not get stuck with the 'semantics' of company mergers which happens all the time.

    Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks





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  • gsiskind
    05-11 09:55 AM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.

    With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

    As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

    As for processing times, generally estimate 60 to 90 days on employment cards.

    Regards,

    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604

    Email: gsiskind@visalaw.com
    Web: www.visalaw.com

    Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.



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  • rockstart
    03-02 10:00 AM
    The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents


    As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.


    ____________________
    Not a legal advice
    US citizen of Indian origin





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  • TheHulk
    09-11 10:50 AM
    I was in a similar situation with EAD

    I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.

    I raised numerous SR's , spoke to IO' etc. (for 9 Months)
    Every IO was very sympathetic but they did not know where my card was.

    At last in July 2009 , I spoke to an IO and the said that she would follow it up
    The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply

    After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.

    Anyways... I did not re-apply.

    In August 2009 I received my EAD card in the mail :)



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  • gc_lover
    06-08 08:04 AM
    On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.

    Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.





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  • vin13
    02-11 09:02 PM
    This petition is asking for a proposal to move ahead in line for the Green Card process. This is not asking for any extra quota. So basically this is not going to reduce the queue. Just give priority to someone who buys a house.

    Am i missing something?

    I just feel we should be asking for more than move up the line.



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  • gcdreamer05
    01-30 11:07 AM
    Sorry to hear about your situation...

    There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.

    If you are eligible to apply for an EAD do that too.

    Really sorry man, dont worry this too will pass for sure...





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  • GCAmigo
    12-16 10:22 AM
    This must be a "NJ" thing.

    Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.

    ~GCA





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  • sanjay
    07-31 04:59 PM
    Neither me nor my wife had US degree. Both went to Canada for stamping. myself in Ottawa and my wife in Toronto with in a gap of five months and had no problems what so ever. 7 of my friends also went to Canada for stamping but no issues with them also.

    I think Canada is more safer than going India.





    seahawks
    09-09 06:43 PM
    Please join the group, guys we will need all of your support. Please sign up on the yahoo groups if you are from WA/Oregon. Lets unite and channelize our efforts to make the rally a success.





    VMH_GC
    07-17 06:03 PM
    I pledge $100 right now to IV. I will make the payment tonight.



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