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  • yabayaba
    08-18 09:34 PM
    My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.

    Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.





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  • sidbee
    01-05 10:59 PM
    Following is the Employee Agreement
    EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
    EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
    Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.


    So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
    What else he can do?
    Does this Agreement is Legal? It is specifically referring to Green Card.

    Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.





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  • GC Struggle
    03-13 04:05 PM
    Can you tell me if all the 140's have been applied and approved from the same service center.

    The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.

    To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...





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  • dealsnet
    10-12 08:37 AM
    Your situation is complicated.
    There is a 240 days rule to stop working, if H1B is pending for an approval.
    It is for working with the same employer. Transfer may be diffrent.
    But since it is a premium process, and your I-94 is expired, you need to be very careful.
    You are now out of staus, I fear.
    So rush to a good lawyer and contact USCIS.



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  • p_aluri
    03-28 07:32 PM
    I agree with you. I am not able to access donor forums.I've contributed in the past. Even I've sent an email through contact us link, still no luck. "Administrator2" gave a good explaination about the Donar status. I am not looking for "Donor" status, all I am looking for is accessing the donor forums.

    I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.

    Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.

    It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.

    What gives?





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  • virginia_desi
    02-13 03:08 PM
    I got the following message from USCIS:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCXXXXX

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

    Current Status: Notice mailed welcoming the new permanent resident.

    On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?



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  • franklin
    06-19 08:12 PM
    Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?

    Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).

    Thanks in advance!

    Digital are fine, but there are some quality requirements. Check these sites for more details


    http://travel.state.gov/passport/guide/guide_2081.html
    http://travel.state.gov/visa/temp/info/info_1287.html
    http://www.uscis.gov/files/nativedocuments/M-603.pdf





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  • sargon
    07-09 12:14 AM
    http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/9/7/974f8dfa5aa7d67486264fef13a9dbbf@endecaindex&source=4&bb=1

    Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.



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  • singhsa3
    07-12 10:19 PM
    See my answers in red
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    It will need change in law. Cannot be done without senate and congress approval
    2. Medical tests are going to be valid indefinitely
    Possibily but cannot be a big news, especially if we are talking about near term good news
    3. Ppl who've worked for X years automatically can apply for I-485
    It will need change in law. Cannot be done without senate and congress approval

    5. All can apply as per the old bulletin
    Already ruled out
    6. ????
    Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
    cmon guys help me with this.i'm running out of ideas..:D





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  • Dhundhun
    10-19 09:27 PM
    #1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
    #2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".

    Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.

    Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".

    So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.

    We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.



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  • rajuram
    01-25 06:48 PM
    //\\





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  • colors
    09-23 12:26 PM
    We will watch and see ... soft LUDs on my case too.

    thanks



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  • fromnaija
    11-17 03:07 PM
    Hey Guys

    I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

    Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

    Looking at the above filling date, can some one brief me on my likely priority date?

    The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

    When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).





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  • immigrationvoice1
    02-10 03:02 PM
    This is a good reason to advocate 3 year EAD/AP validity. Wish the letter campaign brings this much needed administrative fix to reality.



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  • gcsomeday
    04-02 05:04 PM
    Others, please correct me if I am wrong.


    I think you need labor from current employer and an I140.

    You can not port your PD to a different employer based on just an existing labor.

    You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.

    If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.

    Most importantly talk to a lawyer rather than depending on people here.

    Good luck.





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  • nirupama.reddy90
    01-15 10:54 PM
    Hi,

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.
    Niru



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  • eb3retro
    06-30 05:37 PM
    eb3retro,

    Did u change employers on EAD? or H1b transfer?
    on EAD..


    Also when you renewed EAD & AP:
    1. Did you do it yourself? or did u have your new employer do it?


    2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).



    thx

    1) did it myself..
    2) yep i changed address, no rfes for anything..





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  • eb3retro
    06-29 12:56 PM
    i invoked ac21 twice..never asked even a single question to the employers, infact my current job title is not even close to the job title that my labor was filed long time ago, i am very confident, i will change my mind and go back to india for good, before my PD of jan 2003-India becomes current. just cant ruin my career and life thinking about things that are not in our control..just my opinion, not an advice. if u get struck with a sick job for years due to the GC mess, it justifies itself for all these decisions. even if they issue an RFE and my GC gets denied, i care a less about it, cos it lost its importance when it took this long..atleast i am doing some work right now which will help my career on a long term basis.





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  • desi3933
    03-05 12:24 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?





    greenguru
    06-13 11:52 AM
    A similar situation happened to a friend of mine. It is very easy, talk to a good lawyer and you should have them very soon..


    My friend got the green card in 3 months.

    Cheers,





    mzdial
    February 26th, 2004, 10:24 PM
    Rob,

    I was a big fan of PhotoSig when I discovered it about a year ago.. I loved to look through others photos and also share some to have critiqued.. Here's my old user page over there:

    My photosig page (http://www.photosig.com/go/users/userphotos?id=38138)

    I haven't updated this in about a year. I'd love to see something like that over here.. I just haven't found the galleries as easy to look through as I did over there.. I actually quit going there when they changed the system and the overkill of nudes that were just distasteful.

    -- Matt


    If every member critiques 5 photos a week, in no time, all photos will have comments.

    I don't know about you, but I love comments, good or bad about my photos...

    many help me to focus efforts and make better images...

    Thoughts??



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