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  • texcan
    08-05 12:35 PM
    I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.

    Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.

    Thanks to InTheMoment for bringing it up..... that's what I had in mind too.

    I am happy to hear and see that you are happy.

    Now can you please close the thread, this is wasted energy flying everywhere.
    Again its not you, its the actions ( including now when i am typing a response).
    Please close this thread. Please, please.





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  • Jerrome
    11-21 03:31 PM
    you have mentioned that you were traveling from India to USA. So the staff took the i-94 which you NEWLY got after you landed in USA . If that is the case then it is a problem. Consult a lawyer. It is not stolen or lost.It may go to USCIS that you are going out of country.





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  • Madhuri
    07-11 06:00 PM
    I can make some calls.
    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D





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  • masti_Gai
    10-27 08:20 AM
    we need to take all the originals if we have to attend a visa stampin interview.
    but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
    Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.



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  • Koki
    11-01 12:08 AM
    To err is human. Just tell them the mistake done and it will be corrected manually. I made a mistake too. I took two copies of the form with me - one hand corrected and the other without the correction. Show them both if needed.





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  • sw33t
    06-17 06:06 PM
    Let's say you setup a business entity (LLC, LLP, LP etc.). You would need to open a business bank account for the entity you incorporated. Use the business account to receive your proceeds from selling the app. You have not violated any laws as long as you don't pay yourself from running your company. Again, there are laws as to how many hours you can "volunteer" as a manager/director to run the company (bookkeeping, accounting etc.) before you end up as someone who SHOULD be paid for running the company. Keep a documentation trail if you decide to go down this path.

    You would have to wait until you get your green card to pay yourself out though.

    PS: I am not a lawyer.



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  • amit79
    04-16 08:03 AM
    USCIS started sending notifications for Premium Processing petitioners on 15th April, 2008. As we start receiving notifications, a lot of H1B petitioners using IV are waiting to hear from USCIS, this thread can help keep the information in one place and provide quick access to the current status of notifications. Those received their notifications from USCIS can put in the results in the following format

    Quota - General/Higher
    Premium Processing - Yes/No
    Notification Date - xx/xx/xx
    Receipt Number - Yes/No
    Waiting List - Yes/No
    Notified via - email/postal mail
    Employer - Consultant/Company
    Multiple Petitions - Yes/No

    Comments - you can put any extra comments that are relevant

    Good Luck.





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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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  • venky08
    10-30 06:15 PM
    bump





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  • priya82
    02-18 08:57 PM
    Thanks for your advice snathan...



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  • rp0lol
    08-01 02:57 PM
    Guys,

    I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.

    Voter calls will always impact politicians...

    Lets keep the efforts on...

    Thanks


    Calling only won't help for our cause.

    Some has to go to his office with yesterday's list of amendement and his comments and explin him what's wrong with his stats.

    and maybe we should go to our local senator's office with point King was making and right numbers (from DOS or USCIS's published data).

    Just my 2 cents.





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  • tikka
    05-29 09:08 PM
    Donot forget to send the webfax :)

    thanks

    2750 web faxes have been sent! we are trying to get to 3,000.:)



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  • ranahosur
    07-15 07:39 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R





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  • MrWaitingGC
    07-04 10:17 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.


    In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.

    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.



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  • pappu
    05-20 10:54 AM
    It is surprising why your case is among the unfortunate ones in such background checks. There was a memo few years ago after IV's efforts that eliminated FBI name checks. Read http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61

    I am also unable to understand why you are getting conflicting information from congressional inquiries.

    If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.





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  • meridiani.planum
    03-31 09:06 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.

    RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?

    Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...



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  • gk_2000
    08-29 01:25 AM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

    I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg





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  • pappu
    08-14 02:29 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
    This is wierd.
    so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
    Wow, this goes to show how powerful the cuban lobby is!!

    With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
    Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
    or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
    or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!





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  • vin13
    12-04 10:05 AM
    Hi vin13,
    Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
    I have an appointment tomorrow and only have a letter from the doctor.

    Thanks,

    We did not have to prove the relationship. It was a hospital letter stating the person had passed away.

    Again, all i can tell you is go with what you have and try. there are no specific rules or standard procedure. Each IO officer may look at it in different ways.

    When you go, take your I-485 receipt notice, 2 passport size photos in case they ask you to fill a new application.





    anzerraja
    07-20 09:26 AM
    Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

    So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?





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    05-08 12:15 PM
    Contribution $25 for this month.


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