Dhundhun
12-05 01:31 AM
Congratulations and good to hear from you.
wallpaper robin, Justin
GCProbs
09-15 07:10 PM
Hi All,
I need an advise from IV folks..
here is my situation..
I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.
Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...
Please advise me...
I need an advise from IV folks..
here is my situation..
I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.
Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...
Please advise me...
dealsnet
04-13 09:14 PM
Citizenship of child do not consider for cross chargiability. Only the birth place of spouse will taken into consideration, if you file with details shown in the petition.
Child can be charged to either parent's country's quota, reverse is not allowed.
http://www.hooyou.com/news/news050807cross.html
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
Child can be charged to either parent's country's quota, reverse is not allowed.
http://www.hooyou.com/news/news050807cross.html
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
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phigi
11-19 11:13 AM
you should ask the SSA office to accept the application and send it to DC for verification (manual process). They have that option available.
i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.
i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.
more...
venky_handsy
09-10 11:24 PM
you did a masters here.......so you can go to canada or mexico also...it will not be any issue if you all the paper work of your masters correct
bluekayal
10-17 08:15 AM
thanks for clarifying.
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TwinkleM
07-02 02:39 AM
@ Sunny1000, Thanx a lot for the information. Appreciate your immediate response.
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JunRN
11-05 08:26 PM
I guess one option is "follow-to-join". Go back to home country and apply for follow to join.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
more...
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.
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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gc28262
03-06 05:06 PM
Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you doesn't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
Admins/Core members,
Please take necessary steps to discourage this red-dot festival !
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
Admins/Core members,
Please take necessary steps to discourage this red-dot festival !
more...
eb3retro
04-20 03:39 PM
i have a question to you guys..how much time NSC is taking these days to process AP applications? I sent my AP application online and documents last week. Whats the average time these days for getting AP renewal done? any inputs???
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designserve
09-04 01:08 PM
IMHO,Since the validity of the 797 starts by Nov 09,thet will take precedence over your entry now.I had a similar issue and asked an online question to
https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.
https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.
more...
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ssnd03
07-20 01:33 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.
It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.
Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.
It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.
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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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lazycis
10-29 03:02 PM
I found out (via attorney) that the right way to do it is to send a new G-28 form to USCIS. Put your name as a petitioner and as a representative, check box 4 (other) and write "I would like to represent myself in all matters related to my I-485 filing".
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lifestrikes
01-26 11:30 AM
Its time to meet our Senators and House Representatives.
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grupak
08-10 11:17 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
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suman
12-17 10:04 AM
What is NOID? If i don't respond do i have the time to respond. How much time do i have?
And what is RFE?
Thanks
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
And what is RFE?
Thanks
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
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nanneh
04-27 04:04 PM
Hi,
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
kate123
06-17 01:42 PM
As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.
good luck
good luck
greencardfever
07-19 11:49 PM
I'm in the same situation sundarpn and I've got the exact same 3 questions as you have. Could someone please answer them.
Thanks.
Thanks.
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