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  • glamzon
    08-02 03:15 PM
    lol...nice joke ..can i borrow your pigeon for this weekend ..need to make some weekend deliveries ;)





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  • Refugee_New
    01-26 07:56 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.


    You are right. When the dates are U, processing dates become Current and vice versa.





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  • apb
    09-14 03:10 PM
    Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.





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  • caond
    05-07 11:29 AM
    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?



    After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.

    Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.

    As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?

    Thanks a ton again. I truly appreciate your help.
    Cao



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  • linuxra
    02-17 08:09 PM
    currently iam working with vsginc they filed my greencard processing through different company axiom
    i applied for 485 and iam past 180 days
    i have never been on axiom payroll
    can anybody tell me can i use ac21 portability ?
    Thanks





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  • macml
    01-26 10:45 PM
    Okay thanks for you advice.. Well, before I got married my wife was on an exchange school visa and after school she had an extra year to find work. Not exactly sure the types of visa. But we got married while she was still on one of her visas. Her visa just recently expired, but is there a need to file an I-130 along with the other green card applications? I understand k1's and k2's don't need to.



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  • sw33t
    05-31 11:47 AM
    /\/\/\/\





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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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  • smiledentist
    06-14 02:23 PM
    Anybody else, please advice.





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  • dollar500
    11-19 05:48 PM
    I had a strange situation. I checked on the case status site to see if there is any update on my case. I am a July 2 filer with EAD plus FP. The earlier update date was 9/2/2007. I checked there it says that it's updated as 11/1/2007, when I reread it I didn't notice anything different. Can anybody shed some light?

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



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  • reverendflash
    10-21 01:59 AM
    there are a ton of sites out there for just that... how to improve your snapshots...

    You didn't learn how to walk in a day, photography is the same, trial and experiment. With digital cameras, it is so cheap. I can't wait to take pix next week in Yosemite (camping w/my girlfriend)...

    :P :P

    Rev:elderly:





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  • sk2006
    07-03 03:24 AM
    Here's an idea that came up in my head:

    There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.

    Here's the agenda:

    "Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"


    (Before you all start bashing this, let me put down some pros & cons)...

    Pros:
    1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
    Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.

    2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.

    3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..

    4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.


    Cons:
    1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)


    If you all see any other sides of this story, you know where to find that 'reply' button.

    Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.


    Also:
    Ban us from buying land, cars and houses as well and see how fast media, NAR and automobile companies come out in favor of faster GC for us!



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  • lostinbeta
    10-04 01:39 AM
    No problem :)

    Now onto step 3...haha





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  • gcseeker2002
    01-07 10:27 AM
    FYI:


    http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html


    another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
    Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!



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  • sumanitha
    07-12 05:35 PM
    Take one by one and try to answer properly.

    1. What is CIS is returning visa #'s to DOS.?

    There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

    2. How USCIS and Consulate can report unused Visa #'s?

    You might be reading the I-485 rejection cases by CIS and Consulate
    You might be hearing about USCIS is unable to process the applications received
    You might be hearing people could not able to file whose cased were current in June.

    All these Visa #'s are reported back

    3. To me around 20000 such numbers are available for this years quota

    4. Can my applications sneak into this #?

    Answer is uncertain.

    If your have an old priority dates then probability is high

    If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

    5. What would August VB have?

    If they do not approve any July2 filling then here is what they will do

    a) Retain petition with old PD and adjust them in Aug
    b) Reject all I-485 application for candidates recent PD

    They are making a decision fast, that the reason Aug VB is not yet published

    6. Will USCIS reverse the new decision?

    Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

    7. How about Law suite?

    :) Do not worry there is a slick chance. All govt depts. are inter related.
    Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.

    State--> Immigration --> Justice are all same with different names.

    I have no hope from this process. It's just building a fake hope.

    8. People are still filling the application.

    Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

    There is no guarantee that you will process your application from XYZ law firm in Oct.

    If you file now through them, you are bonded with him until you hear some good news from CIS.

    There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

    Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


    Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.


    I dont think whatever you are saying is true...

    State--> Immigration --> Justice are all same with different names.

    Please be careful while you post since lot of people are viewing it.





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  • pappu
    01-14 07:24 PM
    There is also a hearing scheduled for this
    http://judiciary.house.gov/oversight.aspx?ID=403

    This is all because people affected by it worked hard to get relief.

    See the report from National Immigration Forum:
    House Immigration Subcommittee to Hold Hearing on Naturalization Backlog

    Last year, USCIS received a near-record number of naturalization applications. There were a number of reasons for this. The climate towards immigrants has become hostile in the last few years, and obtaining citizenship offers a measure of protection from possible changes to the law that might make life harder for legal residents. There is also an unprecedented drive to help immigrants become citizens in the Ya es hora campaign, now being conducted by the National Association of Latino Elected and Appointed Officials, the National Council of La Raza, the We Are America Alliance, Service Employees International Union, and their regional partners. In addition, USCIS proposed and implemented a record fee increase for naturalization, raising the price from $330 to $595.

    In the two months prior to the fee increase, USCIS received about as many naturalization applications as in the entire previous Fiscal Year—700,000. In all, there were approximately 1.4 million applications in the Fiscal Year that ended in September 2007. Although it was expected that the fee increase would produce a surge in applications, and although advocates had kept USCIS apprised of the Ya es hora campaign, USCIS was not adequately prepared for the volume of work it received.

    Only recently has USCIS finished sending receipts to applicants who submitted their applications in June and July. USCIS says that there is now an 18-month backlog in processing those applications. In other words, if USCIS does not successfully address the problem of the current backlogs, immigrants who applied to be citizens back in July of last year may not be able to vote in the upcoming national election.

    This problem will be the subject of a hearing in the House Immigration Subcommittee on January 17th.

    Sign-On Letter Regarding Naturalization Backlogs

    The Illinois Coalition for Immigrant and Refugee Rights has drafted an organizational sign-on letter urging USICS to take whatever steps necessary to expeditiously eliminate the backlog. Deadline for signing on is Wednesday January 16 at 1:00 PM Eastern Time (Noon Central, 10:00 Pacific). For the text of the letter and sign-on instructions, see below.



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  • bkam
    01-31 03:15 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.





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  • alex99
    06-28 03:12 PM
    As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

    Sample Format:

    DATE

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508


    Re: Immigrant Petition for Alien Worker
    Petitioner: XXXXXXXXX
    Beneficiary: XXXXXXXXX


    Dear Sir/Madam:

    This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

    He will be managing XXXXXXXXXXXXX(according to Labor approval)

    It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


    Yours Sincerely,




    XXXXXX
    XXXXXX





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  • srinivas_o
    09-16 02:11 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





    lacrossegc
    12-08 05:28 PM
    A thought came to mind for those still not convinced on this
    Think of this IV drive as an opportunity to SAVE on future payments to USCIS.

    All those "enjoying" Interim benefits will likely be shelling out atleast $350 every yr for renewals of EAD, AP (if you apply yourself) considerable more if you go through a lawyer... for those still on H1 ... you'll be spending on H1 renewals, travel to counsulates, Visa reciporocal fees etc etc

    The wait time for the final Green card approval for those with more recent Priority dates with no changes could be anywhere from 3-4 yrs....

    So conservatively you would be spending 4* 350 = $1400

    Think about it.... what if IV's drive for changes is successful in lobbying for better provisions which reduce OUR wait times even if by a little bit ... lets say ... by one yr .... YOU would INSTANTLY SAVE $350 ... and it multiplies for every year you save waiting for the final approval.

    Lets say you contributed $100 today and you saved 1 yr in wait time ...
    YOUR Profit is $250 on a $100 contribution in 3 yrs
    atleast 250% returns in 3 yrs .... Can any stock market/bond or CDs match that rate of return

    Contribute now so that IV can make that profit for YOU





    okuzmin
    08-27 04:04 PM
    Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.

    NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.

    I'm almost done with my Canadian PR process and moving with my family to Calgary in October.



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