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Written By muthmmuuuaaanniish on Monday, June 27, 2011 | 12:08 AM

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  • yabadaba
    06-18 12:44 PM
    thanks reno john!





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  • dontcareanymore
    08-05 12:39 PM
    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!

    Do you care to provide details ?
    Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??





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  • macml
    01-26 10:45 PM
    Okay thanks for you advice.. Well, before I got married my wife was on an exchange school visa and after school she had an extra year to find work. Not exactly sure the types of visa. But we got married while she was still on one of her visas. Her visa just recently expired, but is there a need to file an I-130 along with the other green card applications? I understand k1's and k2's don't need to.





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  • 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.



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  • rockstart
    05-28 12:21 PM
    Since your PD is not current so there is almost no chance they will pick your application randomly to process. The out of turn processing you are refering is say todat EB2- I date is Apr 2004 and so there is every chance that a guy with Jan 04 might get his GC before a guy with Nov 03 date but I am absolutely sure they will not process a guy with Aug 05 date since it is not within processing date. So in your case wait and watch the dates moving in case the processing dates get to your PD then you can make the choice of either withdrawing or proceeding with your application. Best is consult a lawyer to be absolutely sure.





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  • rb_248
    10-18 12:16 AM
    rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..

    golgappa,

    Just sent you a PM. Please check your inbox.



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  • lj_rr
    08-24 01:13 PM
    Anyone found a solution for this yet?





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  • pappu
    05-05 12:02 PM
    Thank you



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  • pa_arora
    07-10 04:20 PM
    India and China EB2 - 01OCT03





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  • bibs
    05-09 06:09 PM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.



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  • needGCcool
    09-03 10:46 PM
    My PD is current - Going for consular processing a good idea?

    i dont know how much u...but changing the option is not like picking a different item from menu..............this requires a lot more documesnts + time..........





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  • perm
    07-11 04:56 PM
    Is this true...? if it is, USCIS is in big trouble.

    5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22


    link not working



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  • akhilmahajan
    02-23 01:40 PM
    I am just curious, Are you worried about your salary going down or filing AC-21.
    There are always risks involved. Its your choice what you want to do. I will request you to understand how the system works, so that when folks around here suggest you something, you can evaluate the choices based on your knowledge also.

    If you think you can find a good job, then i will say keep on looking for it. Meanwhile stick with your company and see if things improve. In the end its your personal choice, as you are the one who needs to set your priorities. Also, if you can let us know your PD, then i am sure people can suggest you in a much better way.

    Also, i will really appreciate if you can update your information for the tracker.

    Also, please be patient and lets not use abusive language, as it is not going to help anyone.

    Thanks a lot.

    GO IV GO. TOGETHER WE CAN.





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  • gconmymind
    08-14 12:58 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.



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  • sanju
    01-22 03:39 PM
    Hello,

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?




    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.





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  • bklog_sufferer
    12-05 03:55 PM
    Folks,

    I am in a similar situation..

    I work for Company A on H1b which is valid till 2009 & expired Visa stamp, but I have filed a GC application thru company B and got EAD and Parole.

    So if I leave the country, can I re-enter on company B's parole and still continue to work on Company A's H1b?

    Thanks much for any insight



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  • green_mile
    09-14 01:41 PM
    This is a great idea I am in.





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  • lostinbeta
    10-28 10:27 PM
    HAHA, yeah, because they don't see your previous versions (unless you save your previous versions and keep them as examples)





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  • lghtslpr
    02-14 03:35 AM
    We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.

    That's great!!!

    Who were "we?"

    And is it possible to ask Honda's office to urge DOL to have some transparency about the process, so that people know what the heck is going on at the processing centers? Right now it's a total black box!

    Thanks.

    -L.





    Berkeleybee
    04-09 10:26 AM
    All,

    Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.

    There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."

    (1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.

    (2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.

    (3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.

    BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.

    Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.

    best,
    Berkeleybee





    ujjwal_p
    08-21 03:45 PM
    check out r2iclubforums.com . your questions regarding r2i and some which you haven't even thought about (but should) are answered there. all the best.



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