Thursday, June 9, 2011

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  • kanyewest
    04-21 06:54 PM
    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.




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  • semiGator
    01-07 09:38 AM
    Not sure if this help, but... http://www.uscis.gov/files/pressrelease/Public.pdf




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  • chanduv23
    10-19 01:12 PM
    I am from Long Island. I am a name check victim. What can we do? Where and when can we gather?

    I have been looking for some help in mobilization in your area - lets discuss this offline.

    Send me your contact details and time to contact as a private message and we can discuss further steps.




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  • surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.


    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.



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  • gcformeornot
    06-30 10:29 AM
    bumping up:mad:




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  • go_guy123
    10-21 05:05 PM
    LOL...similar to yours?( except that you have chargeability:India)
    I'm sure you've a valid reason..just could not resist the post.

    True...actually I was also thinking about it. But one needs to be wary. A lot of
    anti-EB reform people look at these bills and in order to find out the status...post messages in IV and then decide on strategy of whether to call lawmakers.



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  • cooler
    08-27 03:16 PM
    I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???

    I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.




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  • pthoko
    07-05 03:18 PM
    Yes I got an I-94 with the transfer(Same I-94 number as the L1 one). I didn't go out of US after that.


    Please note that I joined the H1 employer and later got an H1 transfer approved also.

    Thanks.



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  • reddog
    06-18 04:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.

    Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.

    Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
    Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
    Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?

    I still do not know why would you want to work thru a different Vendor?
    Is this a Preferred Vendor issue?
    I mean, if you are anyways going on an AC21(assuming you are one of us :))
    why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.

    And finally, if the Non-compete is between the Client and the Vendor, why are you worried?




    someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

    Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant




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  • morchu
    05-08 04:29 PM
    Hei... when you have the opportunity for an earlier PD just take it. Nobody can predict how EB1 PD will be in future. You loose nothing.

    A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.

    .... Since EB1 is current most of the times......



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  • cal97
    12-11 05:44 PM
    Guys,

    I have a question about interfiling. My signature explains my green card situation. My EB3 I-140 with a PD of 9/2001 is still not approved.

    Is it true that USCIS never responds to interfiling requests ? As per my attorney, they accept the interfiling letter and process it or they don't. My attorney is pretty darn good and honestly have no complaints till now but this particular information is kind of bothering me and just want to be sure.

    Would appreciate if anyone could help me clear this up.

    Thanks!




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  • Blog Feeds
    12-28 04:50 AM
    AILA Leadership Has Just Posted the Following:


    http://2.bp.blogspot.com/_RbzYl8ug_48/SzhHJDU_D3I/AAAAAAAAABY/-Uysl8bdhjM/s320/hebrews-detention.bmp (http://2.bp.blogspot.com/_RbzYl8ug_48/SzhHJDU_D3I/AAAAAAAAABY/-Uysl8bdhjM/s1600-h/hebrews-detention.bmp)
    President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
    https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)



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  • h4_optimist
    05-07 12:33 PM
    guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.




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  • sgupta33
    08-28 04:07 PM
    you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:


    Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.



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  • thomachan72
    03-28 03:05 PM
    Durbin (father of Dream Act) hates us. He loves to grand stand for "children of undocumented" "the down torn, the poor, the under privileged" and thinks we are like spoilt rich kid. This is a good thought, but who will bell the cat? Durbin is totally irrational when it comes to children of legal and undocumented. Not sure that you know this, but just thought of laying the facts as they are..
    I understand what you want to convey. However, let us imagine a situation;
    1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".

    I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.

    I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.




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  • techbuyer77
    06-12 07:26 PM
    evl is employment veriication letter
    My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(



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  • GetGC08
    05-10 04:45 PM
    Hi All,

    I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

    After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

    My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
    I am asking this because I want to be prepare if any RFE come regarding this issue.

    I will really appreciate any kind of response/guidance in this matter.

    I really need solution for this problem.

    Thanks in advance.




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  • SunnySurya
    08-14 10:55 PM
    USCIS is sick of active IVian and they want them to suffer. These active IVian have PD earlier than 2006. I am one of them.
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.




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  • satyachowdary
    06-01 09:22 AM
    Hi,
    If old priority date is not ported then send an email to ebupdate.tsc@dhs.gov(for texas service center) and request to use old priority date for your new application and ask them to interfile I-485. Google for 'I-485 interfiling request sample letter' and you'll find sample format letters. My interfiling request took just 1 week and I got CPO letter, waiting for the physical cards. Good luck.




    chintu25
    09-15 12:38 PM
    I am in

    :rolleyes: Its about time




    Bpositive
    03-05 01:22 PM
    DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.

    You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.

    Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.

    Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed



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