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  • mavrick
    06-02 05:38 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.





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  • leo2606
    11-13 09:45 PM
    First thing Draft a strong letter to DOL about this guy, send an email to your old employer and tell him if he doesn't respond with in X mount of time you are going to complain to DOL.Ask him to look at the attched complain which you will be sending to DOL.

    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest





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  • zCool
    01-04 09:52 AM
    I know a friend in the exact same boat.. A very big multi-national co. with more than 10K employees.. they are even revoking his EB3 that was filed in 2004.. It's not USCIS rule.. it's just some employers being strict with their internal rules..
    Unless you work for a big company with lots of benefits.. time to get EB3 filed.. and then bolt the first chance you get..





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  • kaushik07
    10-30 01:44 PM
    I see a number of views on this thread this morning. Small request for all those who are viewing this thread - if you are a july 2nd filer or in that week close by, can you please post your comments so that we will know if there are a significant count of applicants who are out there in the same boat. Thanks!



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  • gcnirvana
    06-18 05:06 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?


    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.





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  • shantanup
    04-08 12:17 PM
    This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

    Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?



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  • Libra
    09-15 10:19 PM
    Jamie, u da man.......many dont even care, they want everything to be done by itself. If that is the case they never have come to this country. why dont they understand?





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  • Can2004
    03-14 10:54 AM
    Hi everyone,
    I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.

    I had applied for AP in january but its still pending at NSC.
    Now I have to go to India for my brother's marriage.

    My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.

    Thanks



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  • Kitiara
    10-16 10:27 AM
    Well done that man!





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  • gimme Green!!
    08-04 01:22 PM
    Sure - this forum is filled with apps pending Labor.

    EB2 RIR July 2004

    The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.

    Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

    100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

    "How NOT to get the work done in 5 years?"

    B T W Does these places have any guys who are struck with their labor?



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  • inskrish
    08-12 03:30 PM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.

    I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:

    According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.

    Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.

    Again, it is just based on my personal observation.:)

    Regards,
    IK





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  • gcgonewild
    07-29 02:27 PM
    Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

    Family spillover for 2009-10 is approximately 10500, and is already allocated.

    We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

    My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(



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  • girishvar
    08-15 12:14 PM
    Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.





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  • EndlessWait
    12-06 11:36 AM
    bump



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  • mohican
    02-14 04:36 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.





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  • sweet_jungle
    11-17 12:26 AM
    it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

    Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

    The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

    In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.



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  • Lord Rahl
    01-25 12:21 PM
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  • rjgleason
    January 17th, 2005, 07:41 AM
    Thanks guys!

    Bob, I'm clueless on portrait photography, but they look very good to me! :)

    As far as the games is concerned, I try to keep the shutter speed at 1/500 or maybe 1/400 if necessary, to freeze motion reasonably well. There's still movement visible on sticks and pucks, but that's fine IMO. The arenas I've been to so far (small local areans for lower divisions) generally have poor lighting so... I usually get f/2-f/2.8 and 1/500 or thereabouts, and I'm still underexposing slightly. Use larger apertures and too much is OOF, the DOF is too shallow as it is. I'd love to try hockey in better light.

    EDIT: Forgot the lenses... most good ones seem to come from 300/2.8 (mostly from the seats as it's on the long side), 135/2 (best results so far) and 85/1.8. My 70-200/2.8 is a bit of a disappointment, it is nowhere near as good as the 135/2 when used wide open. I've also started playing around a bit with wide-angles, it can give you some unusual action shots as long as you have the nerve to remain by the boards when the players come storming by. :)


    Thanks Anders.......I think I will try my 200 1.8 and 135 2.0 (I'll also bring my 85 1.8)





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  • mirchiseth
    10-07 11:47 PM
    May be I am reading it incorrectly. But this news (http://www.livemint.com/2008/10/08001058/Govt-mandates-EPF-for-foreign.html?h=A1) concerns me

    New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.

    Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.

    What are your interpretations?





    peacocklover
    12-10 07:16 PM
    No politician can understand the pain of long waiting and unknown state of our immigration status in this EB backlog mess ..they are just worried about their vote bank.....We should not surprise if USCIS don't move dates in June or July VB 2011...Instead of waiting for VBs, we have to do somethings to gain support of GC holders and US citizens of our national origin. All of them need to write letters to support our cause through public campaign with the help of human rights organizations. Also, I would think Indian and Chinese business tycoons like Patel brothers need to lobby for our cause to explore their business opportunities for them from our community. We got to do something massive to continuously highlight in mainstream media.

    Please be polite if you have any better idea to share with us..

    EB2I and EB3 I should wait till Jul Bulletin.





    WillIBLucky
    06-21 12:08 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
    You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.

    It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.

    Good Luck!



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