Sunday, June 12, 2011

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  • Quest99
    09-14 03:30 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.




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  • glen
    05-17 09:43 AM
    With approved I-140 H1-B extension can certainly be done .

    For 365-day period one can take out the days he/she has been away from US for work, vacation,etc. Check immigration-law.com for this.

    My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:




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  • SlowRoasted
    06-13 01:18 PM
    i dunno, its probably some crazy formula it goes by. Any math wizes here?




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  • pom
    05-27 09:16 AM
    Come on, don't be modest, you deserve this!



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  • txh1b
    04-20 10:56 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.

    That is not true. There is no default assumption and call center folks have no knowledge about things.

    I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.




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  • skgs2000
    10-14 05:57 PM
    This does not give you EAD status. It is just a pre-registration. EAD is given at actual I-485 filing and not at pre - registration.

    And this rule has been discussed by USCIS over for few years, but never implemented. And implementing it only adds one more additional step to the journey, with no EAD benefits.



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  • sheela
    08-13 04:37 PM
    Go to https://egov.uscis.gov/cris/jsps/index.jsp and register as a customer from the left panel. Once you register you can enter your receipt numbers and track your case. If there is a case status update they will send you an email.
    Yes, it is possible to file everything the same day.

    How to get LUD without RN. Please elaborate. Also, did you get e-mail through your attorney or directly from uscis. Looking at my I-485 only e-mail address given is by law firm.




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  • logiclife
    12-01 04:44 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.



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  • sunny1000
    02-09 03:00 AM
    well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?

    I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:

    http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church

    You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.




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  • vallabhu
    01-02 12:08 PM
    I called USCIS customer service number and asked If I can speak to that specific adjudicator customer rep directed the call to another Officer and that lady understood the issue and mentioned that I should have called before i saw denial notice she might have helped by reviewing the decision made by adjudicators but now is too late and asked me to follow the steps mentioned on denial notice which is appeal.



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  • manderson
    03-01 02:01 PM
    Well my RD is not current I plan to call NSC periodically to find out if my case has been assigned to an IO yet. If the next step is pre-adjudication, then great, but I have doubts about that.

    does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??




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  • coopheal
    11-08 04:27 PM
    get real man... 655K is lot of applications
    just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
    Also this time is on the top of what we have already waited for till now.

    When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.

    If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.

    The total number of pending AOS in June, right before the July VB fiasco, is 597K.

    Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
    should be about same.

    EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.

    This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
    every year.

    So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.



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  • basav
    08-04 06:57 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..




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  • peer123
    04-10 01:40 PM
    My wife's company also applied for my 485 application, in that case can she apply for EAD for both of us also?..

    I already have EAD for both us from my company,...



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  • munnu77
    04-15 03:21 PM
    Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
    if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
    Contact an attorney, i am sure there is a way out.




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  • Ramba
    07-27 03:31 PM
    In very rare ocassions people get to know that their 485 is preadjudicated.

    Check out this case
    http://immigrationvoice.org/forum/344724-post54.html

    Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)

    The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.



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  • bbenhill
    07-09 05:15 PM
    PM me ur email address. I will send u the reply via email :-)

    Thx


    1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
    2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
    3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.

    Please let me know your advice. Thank you so much.




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  • Prashant
    05-29 08:31 AM
    Hi,
    You can fill up these forms save and exit without picking a date ..
    after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..




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  • mambarg
    08-05 06:13 PM
    With 700K predicted applications pending From July ,
    Was just wondering what will be long term effects.
    Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
    Now coming July which is 6 months prior to expiry of 1st EAD.
    There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?

    It is like any surge in electric voltage generally blows away the device.
    I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
    I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
    Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??

    What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?




    Mumbai_girl
    12-03 11:58 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.




    dealsnet
    11-09 10:13 AM
    You can check all LUD and all statistics by google. Add your case after log into google. see the link for details

    http://imminav.com/gadgets.php



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