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  • s_r_e_e
    09-28 10:54 AM
    Even if he sue, all you may need to pay is the expenses (lets say, at the worst 10K ) according to ur contract.

    if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)



    After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

    Thanks in advance,
    Ashok...




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  • gcseeker2002
    11-04 10:26 AM
    Did u take Infopass appt. for EAD & AP together...? On the infopass form once fill only one receipt # right..?? My application was recd. by USCIS on 7/7...90 days is from recd. date...isn't it..? and not Notice date.? 90 days will be up for me by tomorrow 11/5..I still have no EAD & AP..! Can i take EAD & AP appt. together on same day for Infopass.? Or should i call USCIS reg. my case...Thanks..!!
    There is no option in infopass to take both ead and AP. I took the one for interim-EAD , but like I mentioned above, this tuesday it will be 2 weeks after infopass and still no EAD for me, wonder how AP got approved without EAD , does it happen like this ?




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  • crystal
    07-13 11:45 PM
    I cam through Fankfort in last dec using AP. No worries.
    Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.




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  • neoklaus
    10-22 01:02 PM
    If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.

    Not exactly correct. From my own experience. I filed G28 with lawer, only he has got RFE on my I 485, and even worse thing happened: his assistant send only partial answer on that RFE ( the medical) and "simply" missed that RFE asked about EVL (letter from employer) and never informed me on that. When uscis send RFE 2nd time ( asking to send all requested information together) only then lawyer contacted me and asked about EVL.
    Both times I didn' get RFEs, moreover the lawyers assistant pretended that she couldn't find a Copy of 1st RFE. ( times between 1st and 2nd RFE was 7 days).



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  • qasleuth
    05-06 12:51 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

    As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?




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  • amulchandra
    02-06 06:47 PM
    Actually the reply I got was from the attorney(who is HR head I believe) of the non-profit organization itself. What I was told that some companies do accept volunteers but due to ignorance of law on their part.

    Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.

    Anyway I am planning to file my H1 this year.

    On the lighter side of everything may be he is a member of numbersusa...



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  • chanduv23
    08-07 09:18 AM
    A lot of people in the community still not on IV.




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  • satishbsk
    06-27 01:19 PM
    If you believe that you haven't received an approval notice (for example - you check the online system and it indicates that your case was approved and you have not received an approval notice), USCIS encourages you to submit an inquiry to the e-mail box: CSC.NoNotice@DHS.Gov. Please include your receipt number and/or your "A" number with your inquiry. USCIS expects to respond to email inquiries within 30 calendar days.

    ________________
    Contributed $260 so far



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  • willigetagc
    09-10 12:15 PM
    Guys,

    This is election time and no immigration bills will be taken seriously until mid next year. Let us stay calm and cool.

    Still have friends from EB2 2002/03 not gotten their GCs...

    Patience is the key.


    Election time....immigration issue has zero value

    Nothing to stop CIS from repeating what happened this year. :mad:
    Next Jul they will advance PDs to Jun 07 and then approve tons of 2007 PDs.

    I can't even imagine the plight of the pre-2005 PDs. It makes me wanna throw up. :eek:




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  • raysaikat
    07-13 02:36 AM
    Hi Raysakat

    Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)


    You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).


    while she is on F1 or wold it lead to conflict in visa status?

    As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.

    SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
    Thanks

    Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.

    As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.



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  • rb_248
    09-10 09:06 AM
    Category India Most Other Countries

    E1 Current Current
    E2 1 April 2003 Current
    E3 1 July 2001 1 January 2005




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  • sundarpn
    08-23 04:36 PM
    I am told that is better to apply for COS after like a semester or two of study on H-4...

    Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
    Also once on F-1, she is not dependent on the H1B status of the primary.



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  • kevinkris
    05-07 09:34 PM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    ---------------------------------------------------------
    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
    ---------------------------------------------------------


    ---------------------------------------------------------
    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?

    ---------------------------------------------------------




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  • tinamatthew
    07-23 10:45 AM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. AC21 is very specific = 180 days not less. So even with a letter from the employer, IF i-485 has not been pending 180 days, you cannot induce AC21 If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer

    Hope this helps



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  • ItIsNotFunny
    10-24 01:51 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.

    This is true, unless you have some complication, don't go for attorney.




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  • dilvahabilyeha
    08-09 01:19 PM
    Hi, Thanks for your reply.
    Also by any chance is "alien receipt number" same as the A# that appears
    in my old OPT-EAD? If yes then perhaps I can use that? I know that
    "A#" is called "alien registration number".

    Thanks, Mtsaha


    it's the A# in your 140 approved petitioin.
    Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.



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  • conundrum
    10-09 06:17 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.

    Couldn't have said it any better!!!:D:D:D




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  • eb3retro
    07-11 05:16 PM
    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.


    hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..




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  • gcnirvana
    04-30 01:56 PM
    shocked to learn that the wait is getting longer! now I am truly SHOCKED!
    "Jo poora doob gava, usko thandee nahin laagva re!"
    poorly translates to english "Does it get any colder, for one who is already drowned?"
    Shocked to learn that even after CIR or SKIL passes, we will have to wait 8 yrs to get our GCs. If that wasn't shocking I wonder what else would be:confused:
    In your example, its like saving him from drowning, giving him first aid and then throwing him to the sharks!!!




    srarao
    08-18 12:01 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.




    kirupa
    07-20 08:45 PM
    What exactly do you dislike about it?



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