ssbaruah@yahoo.com
06-10 12:35 AM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
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kumar1
12-26 02:37 PM
It is with Laloo Prasad Yadav.
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?
;)
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?
;)
shortchanged
08-01 05:49 PM
I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
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indyanguy
01-13 09:40 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
more...
tnite
03-31 06:24 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
akred
02-25 02:25 AM
with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.
You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.
You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.
more...
desi3933
02-26 12:07 PM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
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lghtslpr
02-09 12:56 PM
we can set up web fax with the same content.
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
more...
blackberry
07-16 10:32 AM
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
well said..
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
well said..
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Eveready
07-09 09:28 PM
:confused: My wife has been on H1B for about 3 years and may have to go on H4 (on my H1B) for some time since we changed location and she is not getting a job immediately. Now when she does get a job which confirms to her existing workpermit type (teacher in this case) does she have to apply for a new H1B and wait for OCT2007 for it to happen or can she get one any time.
more...
ilanbenatar
04-25 12:17 PM
Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
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Kodi
07-03 11:08 AM
Texas service center. I think they move much faster than Nebraska.
Oh... ok. Where can I see which service station the aplication should go to? I'm in NY
Oh... ok. Where can I see which service station the aplication should go to? I'm in NY
more...
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InTheMoment
08-05 11:31 AM
Why partial, If I were you I would have asked for a full refund !
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
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;
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
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;
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logiclife
12-20 07:00 PM
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!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
"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!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
more...
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claudio
01-13 08:06 PM
Nice contest K, i haven't coded in a while but i'll see if I can get some spare time to participate :)
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iamvenkat
06-20 01:23 PM
I was working for company A as a Title X through H1 B visa
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
more...
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ski_dude12
01-07 10:08 PM
lol @ Bangalored
the existing jobs have been bangalored...
the existing jobs have been bangalored...
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Gundark
08-27 12:16 PM
Very nice Calvin and Hobbes! :thumb:
I haven't had a chance to try to make C3PO yet, I'll see if I can't do that sometime today.
I haven't had a chance to try to make C3PO yet, I'll see if I can't do that sometime today.
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rameshvaid
07-02 09:05 PM
Thanks! Will I be out of status immediately? How much time do I have to leave the country?
If you file for MTR with in 30 days you should be fine till the case is adjucated.
As long as MTR is filed u r not out of status.
Good Luck..
RV
If you file for MTR with in 30 days you should be fine till the case is adjucated.
As long as MTR is filed u r not out of status.
Good Luck..
RV
mhkumar
03-25 02:31 PM
serach for immigration
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Yes, very good question. Everyone vote for this question.
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Yes, very good question. Everyone vote for this question.
bostonian28
02-17 08:09 PM
As far as I can see Yates memo is what is addressing this issue specifically, based on that I think you should be good, i.e your current employer cannot revoke 140 (please see yates memo)......
It is my opinion....
It is my opinion....
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