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
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
wallpaper free hello kitty wallpaper,
sundarpn
07-19 10:54 PM
jack_suv, nice post and a good start.
I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):
1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.
2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).
3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)
I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):
1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.
2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).
3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)
chansek
07-21 11:38 PM
Hi,
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
2011 Hello Kitty Collection
raysaikat
07-13 01:15 AM
Hi Ann:
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
You must be physically present in US to submit I-485.
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
You must be physically present in US to submit I-485.
more...
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.
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.
va_il
05-16 07:25 PM
Thanks PCS. I am not sure congressman office staff will be familiar with USCIS, 485 and such things. That is why i am wonder whats the best way to approach or phrase my question so that they wont be confused but can get their attention.
I plan to book an appointment and drive there ... i guess i can do that right.
I plan to book an appointment and drive there ... i guess i can do that right.
more...
dbevis
October 23rd, 2003, 11:59 PM
Funny Don, I was just over at Holliday Park about a week and a half ago scouting a location for a shoot. Too bad that area is fenced off, it would be perfect.
Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.
Don
Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.
Don
2010 2011 Hello Kitty Collection
radhikac
07-17 06:47 PM
I think we should organize a blood donation campaign for saying thank you. Something very constructive and should get medias attention and put IV in a positive and innovative light.
What do you all think?
What do you all think?
more...
anoopraj2010
07-30 01:39 PM
Well my questions are more coming from the part that if something happens to me before I become a citizen what will happen to her application?
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
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beautifulMind
08-24 12:40 PM
Fragomen Client Alert (08/06/09) - USCIS Expands Employer Site Visit Program (http://www.worldwideerc.org/Resources/Immigration/Documents/fragomen-20090806.html)
August 6, 2009
USCIS Expands Employer Site Visit Program __________________________________________________ _______
Executive Summary
U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.
U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.
Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
immigration programs.
Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.
During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.
Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.
Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP
Fragomen Immigration Alerts
August 6, 2009
USCIS Expands Employer Site Visit Program __________________________________________________ _______
Executive Summary
U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.
U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.
Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
immigration programs.
Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.
During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.
Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.
Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP
Fragomen Immigration Alerts
more...
sledge_hammer
02-22 12:46 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
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bala50
07-26 10:25 PM
any idea when will this be taken up?
No idea when the amendment will be taken up. But the bill is currently being debated in senate.
No idea when the amendment will be taken up. But the bill is currently being debated in senate.
more...
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hiralal
05-11 09:18 AM
no comments on the above ..or a different / better idea ??
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k_usa
12-16 11:32 AM
DMV people just look at the expiry date.
As pending 485 do not have expiry date they won't accept it as status.
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
As pending 485 do not have expiry date they won't accept it as status.
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
more...
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ramus
06-04 10:25 AM
Its old bill........IV has bill text on home page. We don't need to go anywhere to find text.
Please please send web-fax now if you have not already.
Thanks.
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
Please please send web-fax now if you have not already.
Thanks.
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
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godbless
04-16 11:41 AM
Bump.
more...
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casinoroyale
08-22 09:47 AM
Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.
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makemygc
08-03 10:58 PM
Here is the link.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
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perm2gc
12-16 07:41 PM
I would like to know some details about EB3.
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
10Yrs is my guess.:D
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
10Yrs is my guess.:D
mrane1
06-07 08:58 PM
Hi Dhundhun,
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
zoooom
06-17 07:59 PM
How about this scenario..
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
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