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  • sivakumar
    01-08 04:41 PM
    not true. You can be approved only if your PD is current.
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.




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  • NewDocinUS
    02-05 01:21 PM
    Hi,
    I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.

    I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.

    Thanks




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  • san3297
    08-31 12:35 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.




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  • webm
    06-12 01:36 PM
    Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?

    I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305

    ---------------------
    485 filer- June '2007



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  • plreddy
    08-04 05:38 PM
    Same thing here also. My GC (primary ) was approved on 11-Aug-2008 and my wife's 485 is still pending. We went to India in November 2008 and returned back after 1 month. No questions were asked about my wife's AP.

    Thanks
    PL Reddy




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  • roseball
    10-16 05:05 PM
    Hi,

    My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)

    These are my questions:

    1. Do I really need to apply AC21 now?

    2. If I apply AC21 with Software Engineer title what could be the consequence

    3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?


    If anyone has better idea, please advise me. I'd really appreciate all your help.

    Thank you very much...

    Your new job duties and job code should be the same/similar to the one on your LC. You should pay more attention towards job duties and job code for AC21. Matching job titles are good to have, but not a must for AC21.



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  • kaisersose
    05-07 11:38 AM
    Just go to the doctor get a new set of paperwork for the vaccines he originally gave you.

    My wife did not take vaccines as she was pregnant. We were waiting for an RFE to get it done. We got the RFE last week, but there is nothing about medicals in there! Instead they have asked for a birth certificate copy - something that was already sent with the 485 app.




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  • tikka
    06-07 01:14 PM
    Have you had a chance to contribute as yet? if NOT please do so soon.
    IV needs funds for lobbying efforts

    thank you


    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:



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  • WeShallOvercome
    07-23 06:03 PM
    Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

    I think that is their strategy,

    don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?




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  • WeShallOvercome
    12-13 01:59 AM
    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.

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.



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  • nlssubbu
    12-05 03:22 PM
    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks




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  • manderson
    10-10 09:27 AM
    i filed thru TSC also, on Aug/14/15. Is this an isolated case or is this happening to others too?

    Anyone else?




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  • jotv
    11-19 12:32 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .



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  • lostinbeta
    10-04 12:20 AM
    Good Luck=)




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  • conchshell
    07-29 04:39 PM
    CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
    Is any one would like to join this !

    I was wondering if there is any update available from this meeting?



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  • trueguy
    08-11 02:55 PM
    Doesn't work. When I select nationality as India, results are ZERO. I wish that was true :)




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  • royus77
    06-30 05:27 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....
    I will fly to Nebraska on sunday night and deliver it on Monday




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  • PlainSpeak
    02-25 03:34 PM
    A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
    Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post




    kk_kk
    02-25 02:34 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.




    ujayra01
    07-12 10:21 AM
    Most of the EB3 India applicants having received their GC between 2002 and 2005?

    You really got to be kidding us. The 8 people I know of in EB3 during these period is still waiting.

    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.



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