miguy
06-25 10:22 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
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b.rich
06-06 12:19 AM
take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.
vaishnavilakshmi
09-28 07:37 PM
Hi,
Call in the following sequence for typo rectification on any of ur notices.
1-800-375-5283
Press 1 (for english)
Press 2(to skip introduction and go to main menu)
Press2(For case status)
Press 5(if there is any typo in any of the notices/reciepts)
Hope this helps u,
Vaishu
Call in the following sequence for typo rectification on any of ur notices.
1-800-375-5283
Press 1 (for english)
Press 2(to skip introduction and go to main menu)
Press2(For case status)
Press 5(if there is any typo in any of the notices/reciepts)
Hope this helps u,
Vaishu
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sukumar05
10-08 04:57 PM
i am in the same boat..applied for GC in august but not married yet..
From my understanding, i can add my spouse later when she's here and my PD is current but before my gc is approved.
there are two worst case scenarios,
1) If GC gets approved before marriage. there's nothing i can do other than marrying someone, who has her own visa. I know this won't happen.
2) GC may get approved even my PD is not current but after marriage, then I would have 6mo grace period to apply for her. This may happen due to uscis messing up with dates..
Please someone let me know if I am missing something..
From my understanding, i can add my spouse later when she's here and my PD is current but before my gc is approved.
there are two worst case scenarios,
1) If GC gets approved before marriage. there's nothing i can do other than marrying someone, who has her own visa. I know this won't happen.
2) GC may get approved even my PD is not current but after marriage, then I would have 6mo grace period to apply for her. This may happen due to uscis messing up with dates..
Please someone let me know if I am missing something..
more...
hpandey
12-24 03:29 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
chanduv23
05-21 10:46 AM
Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
Same place same thing happened to me. Their records were not upto date. But thanks for letting folks know what they can expect if they drive around border areas.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
Same place same thing happened to me. Their records were not upto date. But thanks for letting folks know what they can expect if they drive around border areas.
more...
aadimanav
09-05 04:05 PM
Thanks for telling me.
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psaxena
06-22 07:54 PM
to get some smile on your faces..
Still thinking what Jeniffer(Usha ji) will make the immigrants do.. may be ask to make some pasta!!
Still thinking what Jeniffer(Usha ji) will make the immigrants do.. may be ask to make some pasta!!
more...
prinive
01-02 03:11 PM
The way USCIS behave anything can happen any time...
Dont loose your heart ...
You just started the journey....
Good Luck...
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Dont loose your heart ...
You just started the journey....
Good Luck...
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
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gcisadawg
04-12 08:18 PM
This is correct. Only your attorney will get the RFE.
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
more...
glamzon
07-20 05:01 PM
No Clue... on this topic ..sorry
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purgan
08-15 12:41 PM
I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.
The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.
The only thing that can help us is a legislative fix. Please help IV help ourselves!
The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.
The only thing that can help us is a legislative fix. Please help IV help ourselves!
more...
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21stIcon
05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
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javaconsultant
04-03 01:37 AM
Lets Do it Guys !!!!Now is the time......
NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
more...
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imneedy
02-05 10:12 AM
Shahuja and Raju,
thanks for your reply, let's hope you get them soon.
thanks for your reply, let's hope you get them soon.
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mheggade
12-12 04:39 PM
DOS/USCIS had a co-ordination meeting to discuss how to prepare for the upcoming holiday's. The outcome of the meeting was to push EB2 cases as back as possible , so that people really can have a good time enjoying holiday. (When I say people read it as USCIS/FBI/DOS and lawyers ).
:)
I work for Federal agency as contractor I know very well how things work during the holiday season.
Happy long long holiday's you all.
:)
I work for Federal agency as contractor I know very well how things work during the holiday season.
Happy long long holiday's you all.
more...
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chi_shark
02-18 01:58 PM
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...
so, this is real cool... thanks for sharing your info...
oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...
so, this is real cool... thanks for sharing your info...
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crystal
10-12 08:35 PM
Is it posted erlier? They updated with some more info today
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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desi3933
03-03 10:48 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
gcwanted101
09-01 03:40 PM
Looks like there are mail and fax options.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
div_bell_2003
01-06 01:55 PM
Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
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