newuser
04-15 12:15 PM
Congratulations and enjoy the freedom
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helpfriends
04-15 11:23 AM
L1A non-immigrant visa. Thank you
sdrblr
10-28 11:11 AM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
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Googler
02-14 05:22 PM
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
more...
factoryman
06-18 05:54 PM
Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
sanjay
08-20 09:40 AM
You have been current for a long time based on your profile.. did you check what is the status of your I485 application
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
more...
validIV
03-17 11:40 AM
Also india Eb2 will get 25k visas for this FY
Where did you get this info from? source?
Where did you get this info from? source?
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gemini23
08-02 11:28 AM
if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.
This info is from my lawyer.
Hope this helps.
Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.
This info is from my lawyer.
Hope this helps.
more...
shreekhand
07-16 03:01 PM
BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
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vverma17
08-19 06:44 PM
Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.
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danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
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forgerator
12-17 12:08 PM
its not very wise to be traveling with so much cash. Why not use traveler cheques or do money transfer?
more...
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cris
01-09 07:33 AM
I wish both of them good luck to get visa stamp. it will be tough taking into consideration there is indian invasion in US. there are a lot of indians here in US on legal status,but a considerable precentage of indians coming here on visitor visa and stay illegally after I94 expired and trying to convert "visitor" visa to something else.
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diptam
06-23 01:01 AM
Suppose we use OverNight Express USPS mail ... I was wondering
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
more...
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USDream2Dust
04-23 10:52 PM
One word. Congrats. Lots of people get GC on immigrationvoice.org with PD's in 2002 and 2003.
Great news for newbie's like me with PD in 06/07.
Great news for newbie's like me with PD in 06/07.
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GCSOON-Ihope
12-14 02:48 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
I applied on-line for both EAD and AP, and it's really very simple.
You certainly don't need to pay those ridiculous fees to an attorney for that!
After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
I applied on-line for both EAD and AP, and it's really very simple.
You certainly don't need to pay those ridiculous fees to an attorney for that!
After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.
more...
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nixstor
09-20 05:37 PM
Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
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needhelp!
02-05 01:45 PM
You will have to pay again and again and again.
But you have a chance to get 2 year EAD. Thanks to IV for the effort.
Hi Prasadn,
Thanks for the reply. That sucks if I have to pay again::((
I read somewhere that if we apply with the latest fees, we dont have to pay again.
Can any one else please confirm?
Regards
But you have a chance to get 2 year EAD. Thanks to IV for the effort.
Hi Prasadn,
Thanks for the reply. That sucks if I have to pay again::((
I read somewhere that if we apply with the latest fees, we dont have to pay again.
Can any one else please confirm?
Regards
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gc_on_demand
05-01 12:05 PM
1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
Dhundhun
07-09 10:36 PM
Can the docs be sent thru Fedex??
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
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