saibaba
12-18 02:52 PM
Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
sorry to ask you but where wld I track all these LUD's in the case status online website?
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
sorry to ask you but where wld I track all these LUD's in the case status online website?
lostinbeta
10-04 01:20 AM
Hopefully it works....haha :)
MYGCBY2010
07-27 04:37 PM
For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
yabadaba
06-14 08:04 PM
lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?
more...
duttasurajit
10-18 02:22 PM
I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
MeraNaamJoker
09-17 10:35 AM
It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.
Imagine if everyone uses bold font:mad:
Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.
Imagine if everyone uses bold font:mad:
Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.
more...
franklin
12-12 11:49 PM
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.
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.
MeraNaamJoker
09-17 10:32 AM
Thank you for your responses.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
more...
snathan
02-17 09:06 PM
Do I need recent salary slips for transfer ?
Yes you need.
Yes you need.
h1techSlave
02-12 01:06 PM
Nice idea, but they should allocate new visas for home purchasers.
Any ways, I have signed the petition.
Any ways, I have signed the petition.
more...
nixstor
08-23 11:56 AM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede,
While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.
Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.
I love the idea of giving SSN, GC application and have it processed.
Thanks for updating your profile and will see you in DC
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede,
While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.
Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.
I love the idea of giving SSN, GC application and have it processed.
Thanks for updating your profile and will see you in DC
seekerofpeace
10-05 11:05 PM
that was hilarious GCN007...BTW my wife got approved to finally....
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
more...
indio0617
07-11 02:22 PM
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nlssubbu
12-12 07:30 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
more...
yabadaba
06-26 01:28 PM
once again^^^
chanduv23
05-27 11:50 AM
I would like to share my I485 experience.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
more...
NIW
08-30 05:33 PM
We all sincerely appreciate your support & generosity. Keep us updating on immigration news.
Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.
Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.
Pineapple
07-17 06:48 PM
This should inspire more people!
I don't have words to show my gratitude and appreciation for IV team.
....
To help in that area, I am making first time $500 contribution and then $20 per month.
Thanks a lot IV!
- Amit
__________
Order Details - Jul 17, 2007 15:46 GMT-07:00
Google Order #900330157495295
I don't have words to show my gratitude and appreciation for IV team.
....
To help in that area, I am making first time $500 contribution and then $20 per month.
Thanks a lot IV!
- Amit
__________
Order Details - Jul 17, 2007 15:46 GMT-07:00
Google Order #900330157495295
dvnagesh
12-05 05:01 PM
Congratulations !! Thanks for sharing the info on the forum and for offering your help...
cheg
07-18 02:07 AM
Thanks! This will be very useful. I hope it's accurate. :D
http://www..com/
http://www..com/
makemygc
07-26 12:29 PM
Bump
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