Tuesday, June 7, 2011

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  • SGP
    10-28 11:24 AM
    Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
    Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

    The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.





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  • GMKrishna
    05-04 09:12 PM
    I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

    Synopsis

    After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
    At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.

    Prologue

    During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

    Life after denials

    I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

    IV�s Advocacy Days in D.C.

    I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
    Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

    Final Request to Readers:

    As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.





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  • Hopeful123
    08-14 08:56 AM
    Update: My case was approved today. I-140 , EB3 India PD - 03/24/2005, USCIS Recd: 05/25/2007 at NSC. Transferred to TSC in Aprl'08. Approval email: 08/14/08.

    Good luck to the rest who r in the same boat.

    Cheers!





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  • Lisap
    08-27 05:27 PM
    Hello all,

    My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.



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  • WAIT_FOR_EVER_GC
    07-29 02:25 PM
    My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(

    Please READ EB2/EB3 Prediction rather Calculation thread.
    Q on his first post has explained it so clearly what might happen.





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  • gmb
    02-02 01:17 AM
    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
    This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.



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  • Znan
    07-15 11:03 AM
    I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.



    The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.


    Guys:

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance





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  • tnite
    07-19 09:49 AM
    Does anyone know if it is easier to get medical residency on EAD as opposed to H1/J1 or are you considered in the same boat as H1/J1 applicants?

    thanks


    On H1/J1 you have to find a sponsor to accept you in their program. With EAD you can work for anyone.Of course the pool of institutions accepting folks on EAD is bigger than H1/J1 .

    Whether it's easier or not depends on your credentials , talent etc



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  • jsb
    05-20 07:18 AM
    Your mention of 30 miles maximum, I believe, refers to distance to your work place. It is a lot of distance to commute at rush time. Nevertheless, Ferederick County is your best bet, where a small SFH or a good size TH can be found for your price.

    BTW, why do you need "Lots of Indians". Don't you want to be part of the main stream if you have decided to live here?

    I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

    1> Very good school district
    2> Low property tax
    3> Very low crime rate
    4> Rental value should be same as mortgage amount+insurance+PMI+property tax
    5> Property values should be in 300K range max
    6> Lot of Indians
    9> Maximum distance to DC should not exceed 30 miles
    10> Close to shopping places





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  • isthereawayout
    02-22 11:46 AM
    Its not exactly the same position. As you can see the requirements are slightly different.



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  • anuh1
    03-25 01:53 PM
    Yes you can recapture. Most of the people do the same way if they dont have enough time.





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  • rock581
    07-18 01:38 AM
    We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!

    My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).

    If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.

    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?



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  • ganguteli
    06-19 05:09 PM
    You made a good point...US media highlights issues based on what it likes and presents it to the people the way they want it to be. US hates 'Ahmedinejad' so they are highighting the opponents..as if the opponent would have been any different for the US..

    Do you think Indian Media is fair and impartial?

    They do not have the courage to criticize Sonia Gandhi and family?





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  • rajarao
    12-18 11:25 AM
    Amsterdam- you don't need transit visa, same with brussels or Frankfurt
    Please confirm this on the respective country consulate websites.

    Friends Hi:
    We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
    Thanks
    RPH



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  • eblues
    09-05 11:51 AM
    Hi everyone,
    I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
    I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.

    I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.

    Am I trying to do anything illegal or that might make me fall out of status?

    Thank you everyone,
    Pierluigi





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  • Roger Binny
    09-22 06:23 PM
    Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

    Your EB3 applicaiton will not be affected by this new application.

    The whole process upto I-140 may cost $10k-15k

    Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.



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  • tb2904
    12-21 07:47 PM
    1. Fly directly to your home country - No transit visa required and no valid US visa required

    2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.





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  • rock581
    07-18 09:08 AM
    Great replies. Thank you all.

    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?





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  • Robert Kumar
    02-11 11:38 AM
    My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.

    Best of luck with your EB2.

    Thanks.
    Any more feedback, please.

    Bobby.





    nogc_noproblem
    09-26 10:15 PM
    Congrats!!!





    newhandle
    03-05 05:52 PM
    What I'm going to tell you to do is illegal. So do it at your own risk.

    I don't think USCIS is ever going to find out about your income unless you disclose it.

    Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.

    This is just my opinion.

    My SSN and EID is tied to my business. I'm sure CIS has means to find out if they wanted to. Any other suggestions that don't involve lieing?



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