Sunday, June 26, 2011

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  • mermaid2084
    11-21 05:51 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.




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  • arihant
    02-15 05:32 PM
    http://www.foreignlaborcert.doleta.gov/

    I found this on the DOL's website above.

    Foreign Labor Certification
    Backlog will be eliminated 9/30/2007
    There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.

    I read through the text below it briefly and did not find any more interesting info.

    Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.




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  • morchu
    05-10 09:41 PM
    Maybe somebody else from here can answer from their experience. But here is what I know from my readings in USCIS press releases related to the infamous July Fiasco.

    1.
    On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
    ==========================
    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
    ==========================
    You have to keep on paying the fees for i765.

    2.
    What is the confusion here? Do as what the instruction says. It is pretty elaborate.
    Copy of your respective passport pages.
    I think there was some wiki's somewhere listing the documents to send for EAD.

    3. Do as the instruction says.

    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.




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  • n_2006
    07-16 10:25 AM
    As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.



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  • macml
    01-13 02:05 AM
    Hi,

    My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

    Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

    Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

    The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.

    However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!




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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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  • pani_6
    11-16 04:15 PM
    Celebrated for Krishna killing of the evil Narakasura.Unfortunately..this has become commercial like chirstmas and people forget the real reason and start interpreting thier own stories..it also marks Ram's return to Ayodhya after defeating Ravan.




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  • prasadn
    09-02 07:03 PM
    I went to border and security deffered inspection site at Raliegh NC from this url

    http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.

    The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.

    Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.

    Hope this helps.



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  • ganesha
    02-20 06:07 PM
    My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.

    My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.

    Based on my experience, I would recommend the following:

    1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)

    2. If option 1 does not work, try to go through your local congressman.

    Hope this helps. All the best.

    any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?




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  • rajpatelemail
    12-09 05:43 PM
    yeah
    this guy can not even dare to reveal id....
    pity pity....

    To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.

    Comments and reds are very much fine and apprciated... No issues.
    So that we can learn from others comments.
    But Revealing ID is very very important.

    see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.



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  • Jennifer Lopez feat. Pitbull


  • ilikekilo
    04-24 10:46 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?




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  • Lasantha
    10-05 11:36 AM
    Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

    Yep! Hey who knows? This might be your year too! :D



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  • mankusunny
    04-07 09:37 AM
    Hi,
    I noticed I voted in by mistake. I didn't realize this poll was only for people who got received a fee invoice. I thought this a poll to see where the PD's were. Sorry about that. I think a few others might have incorrectly voted as well.




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  • tikka
    06-04 11:28 AM
    for the senate to start debating...

    can you please send some web faxes?
    Also, if you have not contrbuted please do so ASAP. IV really need funds for our lobbying efforts.

    Thank you



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  • nutakksa
    08-20 07:38 PM
    Did any body received FP notices from TSC recently. Looks like TSC has become slow for TSC direct fillings.




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  • sreeanne
    02-07 07:51 PM
    i never filed EAD before but i filed 131 by myself 2 weeks back. its pretty straight forward and i even got receipt notice. make sure you attach all the required proofs along with new fees. thats it.



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  • bablata2007
    11-27 03:36 PM
    May be I wasnt clear in my query. Here is the situation:

    I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?


    So an H1B transfer will still work out in my case?




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  • frostrated
    09-03 02:01 PM
    Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

    Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.

    You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.




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  • Madhuri
    06-05 11:02 AM
    My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.

    Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.




    gc_in_30_yrs
    09-27 10:08 AM
    so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

    Lets see what the future holds for us.

    Hold on snhn:

    rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.




    santa123
    07-30 11:43 PM
    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.

    Didn't you submit your education eval when you filed your 140?
    Is this in addition to the one you sent?
    Get proper eval done ASAP and send it out. Try one or two evals even. Course by course cld be waste of money.

    Didnt you submit the W2 copies also?
    Looks like this could be just a case of missing docs... Dont worry...
    Good luck!



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