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  • EndlessWait
    09-08 12:02 PM
    so why complain.. ofcourse just kidding! , no pun intended




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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)




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  • Templarian
    11-20 02:57 PM
    So just curious if you were going to put this up for the weekend.




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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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  • virald
    01-31 09:37 PM
    Thanks for that. Yeah, that's what I meant! Edited my OP.




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  • thepaew
    11-09 03:37 PM
    Bump



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  • raj2007
    02-18 01:45 AM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)

    The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.




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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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  • sara_apk
    04-16 07:14 PM
    Hi Sara,

    Could you please post you case details & PD?

    I don't remember all the details of my case.
    Mine is PD: Oct 2002/EB2
    Labor got approved in Mar 2007
    I-140 premium processing and got approved in May 2007
    I-485 got approved on Apr 01, 2008




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  • chem2
    08-29 10:14 PM
    PAR: parolee



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  • yetanotherguyinline
    12-20 06:47 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!



    There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.




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  • looivy
    02-22 03:42 PM
    just curious. Are you working for a consulting company?

    I do not.



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  • roseball
    07-27 02:07 PM
    I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?

    -Thanks

    contributed $250 so far.

    This is the way to unnecessarily complicate things. The best thing to do was to wait one more week and file together.....

    Now, they have to include a copy of the courier receipt/delivery confirmation etc along with a letter explaining its a secondary I-485 pkg attached to so and so's primary package which was received by USCIS on a particular date.....I suggest writing the letter on a "bright colored paper" so its visible right away to the mailroom people....




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  • Stan09
    07-16 11:37 AM
    Well, not quite.
    They cannot demand reimbursement for official filing fee, it's about $1500.
    But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
    And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.



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  • god_bless_you
    08-15 09:39 AM
    they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.

    we can ask support from
    http://www.usinpac.com/

    let us register with USINPAC from here
    http://www.usinpac.com/register.asp

    another wikipedia which has lot of info on Indian Americans!!
    check Politics section on this page
    http://en.wikipedia.org/wiki/Indian_American

    another interesting item ..

    Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).




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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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  • redelite
    08-27 10:48 AM
    Here's my go at it...
    Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687



    Btw, that Sonic is awesome! :thumb2:




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  • chakdepatte
    10-18 02:58 PM
    Pardon my french but most of DMV/BMV employees are absolute #$@#$%#@.

    They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.

    Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).

    Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.




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  • seahawks
    09-09 12:51 PM
    Calling all WA State (OR also) IV members to join yahoo group. We need to coordinate stuff and contact all of you as a group, so please join the yahoo group created for channelizing IV message, organizing and sharing the vision and bringing awareness to Northwest region on Legal Immigration issues.
    http://groups.yahoo.com/group/WA_Immigration_Voice/



    Thanks and appreciate your help




    Adam
    08-27 04:50 PM
    Don't feel too left out, I have no idea either :lol:

    those Calvin and Hobbes are great!




    LostInGCProcess
    07-25 02:19 AM
    Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

    Please suggest.

    Thanks
    -M

    It would be nice if your friend becomes a member of IV and ask the questions himself and be part of the whole immigration process...instead of asking you to post those questions and act as a middleman.

    There are so many valuable members in IV community who can give great suggestions. First hand information is always better then passing thru a middle layer...just my opinion.

    Cheers



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