Wednesday, June 15, 2011

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  • tnite
    08-03 11:40 PM
    I received a NOID (Notice Of Intent Deny) from USCIS.
    Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.

    I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.

    When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.

    Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
    Did anyone faced a similar situation like mine?

    It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.





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  • franklin
    12-12 11:49 PM
    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.





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  • aillarramendi
    11-12 08:45 PM
    I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.

    I hope this can help.





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  • tikka
    07-08 10:17 PM
    approached the consulate

    In DC or wherever



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  • abhay
    10-29 03:20 PM
    Thanks Man. I am nervous now :mad:





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  • shree772000
    08-21 05:41 PM
    Usually lawyers refrain from setting these king of dates....I am talking abt resonablely fair ones.

    I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".

    Noone can say when ur perticular case will be adjudicated, and I mean Noone.



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  • psk79
    05-30 12:20 AM
    My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.

    Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.

    Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?

    Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.

    Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.





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  • texcan
    08-04 09:29 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;


    My friend,

    Donot get angry, its not personal to you...but for the action.

    Please live your life and try not to find excuses to be unhappy.
    Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.

    Sorry to say these words to you, please donot mind and not take it personally.

    Be happy at least and spread some joy in community.

    See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
    http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f


    Please donate some time, money to IV...if not some cheer at least.



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  • kevinkris
    04-17 08:22 PM
    Even if you transferred you can still work for old company and keep on working there without joining new company.

    That's what i believe. Please consult attorney for confirmation

    guys have a question for u..
    i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
    now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...





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  • rajuseattle
    08-30 01:42 AM
    R u working for a desi bodyshop who may have been on the blacklist of USCIS?

    Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.

    Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.

    Whats your I-140 status?



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  • This is her husband#39;s third



  • nashorn
    12-18 03:25 PM
    Have you got their decision on your 140? They wouldn't make dicision on your 485 untill they have decision on your 140. If your 140 got denied, your 485 would be denied.





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  • RDB
    09-02 11:09 PM
    That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.



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  • goel_ar
    11-18 02:21 PM
    Hi All,

    My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.

    SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.

    Any suggestions, if there is anyway to follow up or expedite the process to get SSN?

    Thanks in advance,
    AG





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  • yabadaba
    06-22 05:31 PM
    yes typically it is the Service center that has approved your 140



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  • sanju_dba
    09-14 02:17 PM
    There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?

    Thats the key thing here, a fund drive/ monthly contribution will attract the seasonal participants, but a raffle will attract ALL ( the one who have graduated from IV ).
    this way a constant fund raising process can be established.
    thats my thinking, please pardon my ignorance if any!





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  • ksrk
    01-21 06:43 PM
    Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

    Thanks.

    You don't need a visa to transit in Frankfurt - meaning if you are catching another flight to a non-Schengen state (like India). Else, all "interview", visa stamping (even for other Schengen states), etc. happens in Frankfurt.



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  • gjoe
    04-30 09:52 PM
    What is the agenda now?





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  • speddi
    10-04 10:05 AM
    finally found someone who is interested from Alabama..I am in Birmingham, Alabama.





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  • pd_recapturing
    09-04 10:31 AM
    I am also planning.
    My case is like this. I applied AOS based on EB3 I140 (PD May 2004). I recenlty got my EB2 I-140 approved with a different labor applied for me. Now, I want to interfile new EB2 I140 with my pending I-485. Does your case similar to mine ? Please let me know and also, how are you planning to do it ?





    diptam
    02-18 05:38 PM
    I've given you the details as a personal message (PM) in IV. check that and reply me there or to my email address. I will do the best that i can legally.

    Thanks,
    Diptam

    Thanks Pritam , can u give me u r email id so that i can share resume





    akhilmahajan
    04-23 07:55 AM
    I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.

    I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.

    I am novice in this area.
    If there are any other ways to find out, can anyone shed some light on it.

    Thanks.



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