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  • JeffDG
    02-08 07:43 AM
    For your information, most employment in the United States is "at will", which boils down to, the employer can dismiss you at any time for any, or no, reason whatsoever.

    The fact that it's "retaliation" is not likely relevant.

    They owe you notice of termination, or pay in lieu of notice, so a couple of weeks.





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  • aamchimumbai
    02-04 09:40 AM
    Folks,

    This message is for people who left US before AP was approved.

    My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.

    At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.

    I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.

    Hope this helps. Let me know if you have any questions.





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  • Administrator2
    05-21 01:08 PM
    Here is an example of a massive success of coordinated grass roots effort.

    Banks have spent over 100 million dollars to lobby the Congress to stop Financial regulation reform. But targeted and timely 3000 calls from grassroots to Sen. Scott Brown's office has changed the course of this entire debate.

    Because of those 3000 calls, Sen. Brown decided to be the 60th vote for the cloture, ultimately resulting in financial reform.

    Source: Scott Brown, under pressure from left, votes for regulatory bill | The Daily Caller - Breaking News, Opinion, Research, and Entertainment (http://dailycaller.com/2010/05/20/scott-brown-under-pressure-from-left-votes-for-regulatory-bill/)


    So why did Brown buckle, after voting to uphold the filibuster on Wednesday?

    For starters, he received 3,000 phone calls to his office over the last week, all of them by supporters of Organizing for America




    Brown received around 900 calls on Thursday alone, a DNC source said.


    This is what only handful of us can also help achieve when it matters the most. It needs coordination and timely action from the grassroots and all IV members.





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  • nixstor
    09-02 05:45 PM
    Great! Thanks for updating every one.



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  • ChainReaction
    08-08 11:53 AM
    Hi ,

    Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
    I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
    I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?

    Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.





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  • gbof
    08-26 10:56 PM
    My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21. Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
    A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.

    There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer

    Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...



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  • snathan
    01-24 11:22 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards

    You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.





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  • bhatt
    05-21 11:31 AM
    Hello,

    Here's my situation:
    H1b: 7th Year (valid through Nov 2009)
    Labor: Approved
    140: Approved
    Category: EB2
    Priority Date: Aug 2007
    485/EAD: cannot file due to retrogression

    I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
    1. Can I change my employer?
    2. Can I retain my Priority date?
    3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?

    Please help.

    Thank you.

    U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140



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  • aniraj
    02-03 02:31 PM
    My wife has a valid H4 stamp in her passport till Jun2011 while my daughter has valid H4 but no stamp in her passport. Both are visiting Canada this week end.
    My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
    re-enter on AP as she does not have stamp in her passport.
    Gurus could you see any issue since they are travelling together?
    (They are flying not driving)





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  • fairboy
    01-04 09:34 AM
    In year 1999, AnnaLee Saxenian of Public Policy Institute of California did a study on immigrant engineers and scientists in Silicon Valley and the effect they had on California's economy. She contended that foreign-born engineers in Silicon Valley�s technology industry made a substantial and growing
    contribution to regional job and wealth creation.

    Here is the full report on that study:
    http://www.ppic.org/content/pubs/report/R_699ASR.pdf

    Today, a new study titled "Silicon Valley's New Immigrant Entrepreneurs", by researchers in the master of engineering management programme at the Pratt School of Engineering at the Duke University was released.

    The study covered 28,766 firms with annual sales of more than USD 1 million and 20 or more employees. The lead researcher Vivek Wadhwa, contends that "this study shows the tremendous contribution immigrants in general and Indians in particular are making to the US economy and global competitiveness. This is a win-win for America and for the immigrants that make it here."

    Here is the full report on the latest study:
    http://memp.pratt.duke.edu/downloads/americas_new_immigrant_entrepreneurs.pdf

    Both the above reports go towards re-inforcing our arguments. Core members may want to retain copies of these reports some place. Salient points of these two reports should be used in some of the presentation material we prepare.



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  • Keeme
    12-12 02:08 PM
    It looks like we just missed a great opportunity to post a legal immigration question on change.gov. The goods news is that they will roll this out next week. So if you want to submit a question, be ready!...I will be sure to bump this thread..

    Go here and type "legal immigration" in the search questions field.

    http://change.gov/page/content/20081211_openforquestions

    I saw a few questions already posted about legal immigration reform. We should all register and vote for these questions(whenever they roll this out again next week). It takes less than a minute to register. All they ask for is your name, zip code and email address.

    Mods, Please discard this if this idea has already been put forward.

    Good find ! By the time they would read your message, Obama would have lost a bid for second term.





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  • clifford
    02-01 07:52 PM
    Hi,
    I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )

    I will appriciate any help/suggestion in this matter.
    :confused::confused::confused:
    Regards,



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  • rajmehrotra
    10-19 09:46 AM
    one will get GC awarded if he crosses border illegally and becomes a victim.
    This is insane.

    http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa

    Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?

    The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.





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  • bsrik77
    07-30 01:32 PM
    I applied for my I-140/485 together in the last week of June. I havent got the receipt numbers yet. My wife is on H1 and since she is not the primary application on my 485 forms, is it okay if she changes her job. Will her H1 transfer affect both of our applications.



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  • kcindian
    09-18 07:18 PM
    Gurus,

    Have you heard of eVerify? Anybody can explain what it is?

    My H1 expired 6 months ago and my current EAD expires October 20th. I filed for renewal application on July01 and am a little concerned that I will not get my new one within the 90 day window.

    I called USCIS and a Customer Service rep mentioned that I do not need an EAD to legally work as long as I am on AOS.

    She also mentioned that as long as I have a valid Driver's License and a valid Social Security Number, I am fine and that I do not need a EAD.

    Is this true? Has anyone else heard about / used this policy?

    Your response is much appreciated.

    Thank You.





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  • Sakthisagar
    12-01 03:57 PM
    Thank You dealsnet. I updated myself too.



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  • forever
    08-13 09:51 AM
    Who is Becca Fischer ???:confused:

    I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(





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  • ski_dude12
    10-24 08:10 PM
    http://www.hindu.com/2008/10/24/stories/2008102458770100.htm

    Why is beautiful_mind in all reds?





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  • Student with no hopes
    12-14 08:33 AM
    Will the retrogression in Family Based have any consequences for the Employment based immigration?





    neeidd
    03-01 03:32 PM
    Hello Gurus,

    I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?

    Thanks,
    Could some one please tell me which one is better and faster (E-filing vs Paper based)?

    Thanks in advance





    gcfriend65
    12-07 03:01 PM
    If you have the receipt number, then you can check the status of approval online at uscis.com. Hope this helps.

    Hi guys,

    Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.

    Or should we wait until the processing dates cross our reciept dates ?

    Anyone who did this successfully, pls enlighten the members.



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