Thursday, June 30, 2011

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  • Roni
    06-11 10:43 PM
    My employer let me signed 3 contracts. First was for the year 2006 then two for 2007. They said they just changed a few things but it is the same. The previous two contracts said if ever employment is terminated prior to an agreed date, reimbursement to the employer will be pro-rated. The 3rd contract was changed to reimbursing the employer the full amount of the contract which means H1B fees, recruitment fees, sign-on bonus and reimbursement. I was not aware that they've changed the reimbursement because I did not read the third contract anymore because they said it's the same.

    Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.

    They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.

    Thank you so much for your help.




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  • desi3933
    02-22 11:30 AM
    hi gurus,

    please advise what are my options. I-140 is pending and i have 9th year H1-B expiring Dec 2009. still working for same company. in case I-140 stays pending up to December 2009. what should i do to stay in status.

    thanks in advance.

    Your H1-B can be extended for 1 year.


    **** Not a legal advice ***




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  • GCAmigo
    10-26 03:06 PM
    There is no FIFO system.. whatever gets picked out of the DUMP gets processed.. I don't think one can draw any conlcusion based on approvals..




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  • mrsr
    06-17 10:08 AM
    A# will be on yr approved I140 above yr name ,in beneficiary column
    both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside



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  • qasleuth
    05-18 07:44 PM
    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?

    Firstly, very sorry for your situation. Seems to be very tricky. I am no lawyer so take my .2 cents with a pinch of salt. I think you are intertwining two separate issues. FMLA may protect you during maternity leave (you need to read the act to see if you qualify) BUT USCIS not approving your petition has nothing to do with your pregnancy neither does your employer. Your employer can terminate you on the basis of non-approval of your H1 not that he is doing because of your pregnancy.




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  • mlyn
    11-04 01:58 AM
    Hi:
    Maybe some of you can help me with my problem. I was directly hired to work in the US with two other colleagues. Our PD was April 04. We got our LC�s last year. My two friends and I applied for I-140 last December 2006. (same job, same employer sponsoring us). The two got their I-140 by June and were able to receive their GC courtesy of the July fiasco.
    Last May 07, I was told that I was mailed an RFE. I never received it. As you may know, you can only follow this up after a month. Three phone calls (and months) and two faxes (two months) later, still no letter. My lawyer is at his wits� ends. The other day, he gets an appointment at a USCIS center near our area. He says this office �has no jurisdiction over my case� and that this was a long shot. An immigration officer looks at the computer system in the office and says that the system�s list of RFE cases does not include my name, and perhaps there was an error. Perhaps�
    Has anybody heard of a similar case? My lawyer is now suggesting that I write a congressman for help. Do you think this will help?
    My husband and I filed our I-485 + his EAD last July 19. Today we received acknowledgment receipts for both and a notice that we have to go thru FP next week. . Is this a positive sign , or does this mean nothing at all? I noticed that current PD for 3rd preference visas has rolled back to Aug 02. Can anyone hazard a guess as to how long we may reasonably have to wait for a GC? Or for my husband�s EAD?
    Thanks.



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  • juhis
    06-14 06:11 PM
    My case is a bit different.
    I have a 485 filed by a company for future employment.

    Right now my Priority date became current for my current employer and that labor and I140 are approved.

    So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.

    Height of Greediness




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  • ItIsNotFunny
    03-28 10:41 AM
    Last year CIR expired. Yes, senate must pass its own version of the bill. It could be that it will be a very similar to CIR from last year. If only house passes its own bill, and no senate bill is passed, there is no new law. Both chambers must act in order to create a new binding law.

    Keep the fingures crossed this year as Senate power balance is changed.



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  • nobody
    04-24 10:05 PM
    Fetus :hangover:




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  • ps57002
    07-31 01:25 PM
    Hi,

    Just returned from traveling abroad. I am hoping my PERM approval from atlanta comes through somehow in time for me to be eligible to apply for I485/140....I am supposed to travel again out of country on Aug 17 to end of august (this is all to help me recoup/extend my h1b for 365 days of LC pending to be eligible for H1B extension)...i know traveling right after filing I485 is questionable..my lawyer (i think i trust him) says it's ok.

    My question is regarding the I-94 card. I have the 3 yr extension approval on my original H1B that I carry every time I travel. I was told this is most important doc as it has my number or something to track my travel.

    Usually when I am coming back, the INS officer will check it and cross of the already printed I-94 number and copy another number from my approval/extension notice on to it....usually...i think this is done.

    This time when I returned yesterday, the INS officer did not do that. I know she looked at my visa stamp in passport that has same numbers and she updated her comp/system whatever, but no number change on the actual I-94 card was noted. So it has the original printed I-94 number.

    My question..is this a problem. I gently tried asking her if she needed to note/change number on my I-94 and she rudely said "no". So i shushed up not knowing much about this. She didn't even look at it saying once I have stamp, I have no need for that approval notice...i was told otherwise before by another INS officer when traveling while back.

    Also when I do travel on Aug 17, and hand in that I-94 card...how will they track that it's ME leaving since it has none of my H1B approval number on it. I need them to know I left the country so I can recoup the time...

    i'm confused..please help and tell me if I'm ok or need to do something...



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  • prom2
    10-03 08:23 PM
    http://immigrationvoice.org/forum/showthread.php?t=14114




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  • morchu
    05-30 01:42 PM
    I believe you know that re-entry permit is required only beyond 1 year.

    I will say, don't wait. Have some documentation ready regarding your "emergency need" to be out of USA. Also have some documentation to prove your intention to permanently reside in US.

    In case the officer asks some question. Just be prepared to answer, and clarify that you have proper intention to continue residing permanently in US.


    Sir,

    I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?

    Please advice me.

    Thanks,
    Juang.



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  • Pravan
    06-13 03:41 PM
    I'm a July 2007 filer going to file for my EAD for the first time. Since I'm currently on H1B, how should I answer this question

    I'm applying for:
    a) Permission to accept employment
    b) Replacement
    c) Renewal of my permission to accept employment

    I think I need to go with option "c" since moving from H1B to EAD would qualify for a "c" response

    Please advise.....

    Thanks




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  • hibworker
    09-21 06:09 PM
    USCIS has not mentioned of any plans to allow filing of I-485 if priority dates are not current.
    Its a different thing that lot of people wish that this will be the case.



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  • radhagd
    03-17 11:40 AM
    Hi,

    I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

    It would be great if I get answer the below my Question:

    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
    2. What are the documents needed from employer A, if I want apply I-485?
    3. All my friends telling me, I can apply I-485, Is it true?

    Tons of Thanks,
    Ramkumar


    No you cannot apply I485 in company B. when your PD is current if you go back to your Company A , then company A can file I485.




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  • prioritydate
    08-14 08:09 PM
    I was just wondering if they stall the 485 processing once they issue an RFE on EAD. Would they hold the case in abeyance or are these two mutually exclusive.
    Btw, am not sure of the reason for RFE yet.

    Has anyone had their 485 approved with an RFE pending on EAD or AP?

    EB2-I
    PD: June 2004
    I140 Approved: Aug 2006
    485 RD: July 26, 2007
    RFE on EAD: Aug 6, 2008


    What's RFE about?



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  • samirpatel08
    09-09 01:16 PM
    My case was approved on Aug 19, 2010. I received my card on Aug 26, 2010.

    Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.

    (I do have approval e-mail of my cards and the case.)

    So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.

    Please let me know.
    Thanks,
    Samir




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  • sk2006
    06-15 12:52 PM
    I am wondering if Anti immigrants are complaining about them too...
    Like they are taking away chance from American Citizen basketball players and if they are supressing the NBA player's wages etc etc.... :D:D




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  • snathan
    05-11 06:56 PM
    Hi, I am on L1B since Dec'10. My visa is expiring in Apr'11. Due to project requirement, my company has plan for my visa extension. Is there any way to get the GC? If part-time study can help to process my GC faster, I am ready for that too.

    Looking forward for your professional guidance.

    Thanks & Regards... Daulat

    There is no way for you to go faster...there are people waiting 5-10 years ahead of you, and you will have to join at end of the line; Even full time study is not going to help you get the GC faster.

    You are here just only for five months, and wants GC faster...welcome to reality.




    sys_manus
    04-30 05:01 PM
    She is French if I am not mistaken..




    Kumbakonam
    11-09 09:32 PM
    Please channelize your positive energy for IV. Have you joined a State chapter? Join a State chapter now and talk to your chapter lead and help towards IVs cause :)

    Sure, thanks for the advice. Don't you want to be one-day President?:D As a side note, you have 10 green dots. Can I borrow one from you?:D



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