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  • cbpds
    06-08 02:52 PM
    Appreciate your response kondur, we have submitted the original I94, hence we shd be fine.

    In my opinion, you do not really have to. here are a few points (to the best of my knowledge):

    1. Surrendering I 94 establishes the day/date when you left US.

    2. If you have more than one I 94 (from the same entry), the "white one" will be attached to your passport and others (that came with extension or change of status) will be attached to your approval notices. THEY ALL ARE SUPPOSED TO HAVE SAME NUMBER. So, technically you have to surrender them all when you leave the country, but if you surrender any one of them, it still establishes the same thing and you do not need to do anything about the rest.

    3. If you forgot to return I 94 altogether, keep a record of your leaving US on specific date (copy of boarding passes, passport stamp of entry in another country etc) and you can use that as an evidence of leaving in time (if asked about it in future). OR you can return your I 94 at a laterdate with these copies attached to USCIS.

    I have not heard of anyone getting in trouble because of not returning I 94 (please correct me on this if any of you have heard of it) - as long as they did not overstay.




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  • chanduv23
    06-12 09:32 AM
    I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
    Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.

    This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.

    Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.

    As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.




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  • ameryki
    03-10 09:46 PM
    Never mind lawyer just sent copies of the receipt notice. so we are good to play.




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  • quizzer
    11-04 01:11 PM
    Guru's
    My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?

    EB2 or EB3?
    NSC or TSC?

    when was it filed?



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  • hmehta
    08-04 03:40 PM
    Well, there are some clauses under which if you take out from 401K, you won't be penalized.




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  • snthampi
    08-16 02:24 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth

    As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.



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  • GC20??
    08-24 04:47 PM
    any updates on status of background processing for your 485 ?
    No updates yet. Though I know its useless I am taking an infopass tomorrow and will have IO open a service request.




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  • pappu
    12-05 07:56 AM
    At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
    In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.

    Hope all of us are through with this nightmare by end of 2007.http://immigrationvoice.org/forum/showthread.php?t=2453



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  • Scythe
    11-27 05:09 PM
    I guess my button was too simple after all.




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  • nandakumar
    09-07 01:50 PM
    I emailed my details.



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  • shana04
    06-03 01:58 AM
    My previous employer is not providing the document required in RFE in fact of format request.

    Is there any way we can get the documents from previous employer (desi)

    Thanks in advance




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  • thandan
    03-15 03:29 PM
    Background:
    My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.

    I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent

    Questions:
    1) Will it be legal for me to go fulltime to school on an AOS pending status?
    2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school?
    3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)?
    4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)?
    5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005?
    6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe?
    7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school
    8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school?

    Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.



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  • sankap
    07-06 06:05 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"




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  • dummgelauft
    04-20 10:52 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.



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  • paskal
    12-27 12:08 AM
    Thank you all for participating in the call
    the attendance was around 20 members
    Thanks to our friends from MA/GA for joining the midwesterners
    and thanks much to Ashish from the core group for his assistance and for briefing us.

    We are set for a follow up call at 10pm CST tomorrow 12/27, call details are the same, those who could not make it today are welcome to join in as well.

    Reminder:
    Please send your contact details to me so we can create an effective group communication method.




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  • ck_b2001
    07-17 07:05 PM
    You need to be in US untill you recieve "Reciept of Notice". For those who filed Jul 2nd may be a special case as untill today it was thought to be rejected. In this situation i dont know how that rule will apply. On your return you have to show the 485 reciept notice along with your valid H1/H4 Visa (if Travel document is pending) to enter to US. It may mess up the database at POE if you do not mention pending 485.
    I would advise you seek legal advice if you have filed on Jul 2nd and you or your spouse has or is travelled (ing) abroad.
    My wife was planning on travelling next week and she has to cancell her trip to be safe.



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  • lord_labaku
    12-08 02:17 AM
    1. Yes there is shortcut. Join desi software company. You will get forged diplomas.

    2/3. Not applicable. Refer 1 above

    4. Current job market is great. Obama is going to reverse outsourcing. All software job from India & china will come back to USA. But for china return job you need to know some mandarin. But no certificate needed refer 1. Above

    5. I made such a transition recently I was mortgage securities bundler at lehman bros. Now I am successful engineer

    6. Salaries start at around 150k per year even in places like north Dakota. But since engineers understand log scale, salaries grow exponentially

    Hope this helps




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  • chanduv23
    09-04 04:21 PM
    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.

    yes it is like electricity department in India - If you miss payments for a particular period - the next moment they stand in front of ur house and block power suppply whereas they are seen nowhere in vicinity when you complain that you have a power cut and need someone to fix it.




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  • rmutyala
    07-14 07:39 PM
    Houston




    dixie
    08-26 12:37 AM
    Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
    Now get the hell out of here.

    I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.




    dngoyal
    07-27 05:10 PM
    hello rolrblade
    Thanks for all this,
    in the last you have said,
    "Also the email from you is "legal authorization" to sign"

    But in my case email is not attached with the application.

    as I sent mail after filing the application.

    is it OK?/



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