chanduv23
08-14 11:14 PM
The fact sheet is a must read for all IV members. Please use this fact sheet and then judge yourself - whether you want to talk about receipt notices or go to the rally.
Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.
Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.
Let the community have a realistic view of the situation.
If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.
So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.
Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.
Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.
Let the community have a realistic view of the situation.
If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.
So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.
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immi_2006
10-09 10:47 AM
Which document to produce for people on EAD and AP?
pd_recapturing
11-01 07:42 PM
This news might not be directly related to our cause but its very much relevant. Here also, they can come with similar results saying that out of all the IT jobs in US, x % have been gone to immigrants where x > 50. Opponents of our cause may use this gainst us.
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minimalist
10-08 01:37 PM
I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
This is today, 10/08/2010.
I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
If anybody else has experience or knowledge of this process , please post to this thread.
1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
This is today, 10/08/2010.
I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
If anybody else has experience or knowledge of this process , please post to this thread.
more...
WeShallOvercome
12-13 01:59 AM
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.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
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.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
tinkugadu
07-04 10:06 PM
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
more...
chanduv23
07-11 03:06 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
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GC_1000Watt
05-25 01:41 AM
Don't think you can do anything about PIMS its a hit or miss. i got my visa renewed 7th year in Feb a few weeks before DS 160 came in to play. It was fairly smooth infact I felt they were much more organized this time then in the past years. If I recall my appointment was for 9:15 am I reached outside the consulate at 9.00am. They had us and the groups that I can't recall the term but indian co's that had groups of their peeps attending visa interviews in separate lines. Have your passport, original 797 and fee receipt together while waiting and from then on the usual. I have never seen or used the Strips Lounge but then I am a local too so comfort level with that. Good Luck.
Thanks much!
Thanks much!
more...
conchshell
04-24 08:22 AM
Breaking news on http://www.immigration-law.com :
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
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singhsa3
09-05 11:47 AM
Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven’t decided yet. Category “C” are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category “c” lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act….
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven’t decided yet. Category “C” are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category “c” lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act….
more...
aadimanav
11-02 11:06 AM
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
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eucalyptus.mp
02-18 08:58 AM
he is asking me to go back to India after March
more...
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goel_ar
12-18 06:05 PM
Hi All,
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
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Ennada
12-16 11:25 AM
Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
more...
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sabbygirl99
03-28 05:39 PM
hey seattle, I have not heard of part time worker + FT student on H1 either....as far as getting 140 from F1...I just don't see how that is possible? 140+ 485 ia all employment based....if they see that you no longer have a job...then wouldn't that immediately disqualify you? Anyways - I'm pretty sure that I do not want to switch to F1....even if I were willing to give up my place in the longest darn line in the world, I need money coming in while I am at school!!
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cbpds
09-15 02:07 PM
he is enjoying two types of freedom now :P
Enjoy the freedom!
Enjoy the freedom!
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milind70
04-07 05:38 PM
I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
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quizzer
07-30 07:36 PM
The attorney informed us that both our EAD's were received today.
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.
Its validity is not 2 years from the original expiry but 2 years from the current approval date.
Are others getting it the same way?
Thanks
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goel_ar
04-24 12:36 PM
I am waiting for my wife's notification. Nothing yet.
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
sreeanne
02-07 07:51 PM
i never filed EAD before but i filed 131 by myself 2 weeks back. its pretty straight forward and i even got receipt notice. make sure you attach all the required proofs along with new fees. thats it.
jonty_11
09-25 12:01 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
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