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  • optimystic
    04-22 03:38 PM
    As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )

    So how can the processing date be July 11th !!

    It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)

    If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....





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  • morchu
    05-04 04:52 PM
    Try some reading regarding "Administrative Decisions" from USCIS website (link below).

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    If you can find a similar case, you know what to prove.

    One question, was your I140 also got denied? Or is it just I485 alone got denied?

    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.





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  • roseball
    10-16 05:05 PM
    Hi,

    My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)

    These are my questions:

    1. Do I really need to apply AC21 now?

    2. If I apply AC21 with Software Engineer title what could be the consequence

    3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?


    If anyone has better idea, please advise me. I'd really appreciate all your help.

    Thank you very much...

    Your new job duties and job code should be the same/similar to the one on your LC. You should pay more attention towards job duties and job code for AC21. Matching job titles are good to have, but not a must for AC21.





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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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  • coolest_me
    05-07 01:19 AM
    I already received the RFE , This is what it says :

    "On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination. all records are to be confirmed with documentation. The applicant cannot assert immunization without documentation and the physician subsequently document the lack of documentation requesting a waiver of immunization requirements. some immunization can be waived with just cause. A lack of documentation does not meet waiver requirement"

    In I693 supplement form Doctor put Check on "Fully immune" column for Td, MMR and Varicella and also put the dates on when I received the vaccinations.

    is there any other vaccination that is required ?

    My wife also get the similar RFE , a little different language though

    "On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination."





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  • CT_Green
    04-08 11:05 AM
    My PD is Oct 09 2003



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  • chintu25
    08-28 10:07 PM
    could you please review this thread
    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html

    if you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.

    mail is bouncing back to that id





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  • austingc
    08-18 02:31 PM
    What do you guys think about Jadoo TV? I heard that it's good and no monthly fees.
    Is anyone using it?



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  • astral1977
    12-19 12:10 PM
    Goel_ar,

    Your manner of last entry is the status that you are currently on. Thats a fact.

    This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

    Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

    Hope it helps.


    My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

    Thanks,
    LG.





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  • gcwait2007
    12-06 06:43 PM
    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.



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  • 485_se_dukhi
    08-15 08:56 AM
    I'm posting it where ever I can on different forums.





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  • ashkam
    12-03 04:46 PM
    You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.



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  • camarasa
    07-23 11:23 PM
    I would ask an independant lawyer for his/her advise. Your current lawyer could just be looking for more money from you.





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  • satyasrd
    03-30 03:57 PM
    I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?



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  • chanduv23
    07-05 07:20 AM
    Senthil1 - behaves like an anti immigrant sitting in this forum. Though at times he gets things right and in perspective, most times he is always supportive of the other side - with no logic or reasoning.

    Senthil - do you get paid by numbersusa etc// :D :D :D :D

    Does USCIS promise u fast citizenship if you do this???:D :D :D :D





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  • rajutata
    08-25 09:23 AM
    You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa



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  • jthomas
    06-09 12:49 PM
    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas





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  • beautifulMind
    08-24 12:40 PM
    Fragomen Client Alert (08/06/09) - USCIS Expands Employer Site Visit Program (http://www.worldwideerc.org/Resources/Immigration/Documents/fragomen-20090806.html)



    August 6, 2009

    USCIS Expands Employer Site Visit Program __________________________________________________ _______

    Executive Summary

    U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.

    U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.


    Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
    immigration programs.

    Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.

    During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.

    Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.

    Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP

    Fragomen Immigration Alerts





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  • immi_enthu
    08-28 10:40 AM
    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

    kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?





    go_guy123
    09-08 03:39 PM
    points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Friends,
    Green card dream is over. Now it's the time to get back to India or other countries.

    uma001...you are very correct. The GC thing is over for India born applicants. The EAD people due to July 2007 fiasco will be in AP status for many many years
    to come.
    Had the July 2007 not happened, a whole lot of EB - India cases would have
    been finished by now due to job losses. So in way the July 2007 is a massive lifeboat for many EB2/3- India applicants.
    Economic cycles are around 7/8 years or so. There will be a recession again after around 8 years. EB2/3_India backlogs are longer than economic cycles.





    wandmaker
    08-10 11:38 PM
    Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
    1. how likely due to change of address, my I-485 processing will be affected and got delayed?
    2. how likely I will get a REF due to change of address?
    3. Is it better to make an effort to keep the old address?

    Thanks.

    Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.