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  • ineedhelp
    07-17 07:10 PM
    Hello Sir/Madam,

    I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.

    A brief info about me :

    1. I'm basically an employee of Wipro, India deputed in US on H1B.
    2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.

    My current issue :

    1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
    2. I Can give only 3 weeks of notice.

    Advice needed :

    1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
    2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?

    Your suggestions will do a world of good to me. Thank you in advance.

    Regards,
    Ineedhelp




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  • jonty_11
    01-18 01:05 PM
    No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx

    This one seems different like : PIT-xxxxxxxxxxTSC

    It doesn't seems to work anywhere.
    did u call 18003755283....and given them this receipt number...




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  • number30
    03-28 04:14 PM
    Where did you send it? Tax returns with ITIN Requests will go to different address.




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  • nixstor
    12-04 10:28 AM
    you should in fact thank the system for letting you to continue on H1 ..

    oh really! may be you should remain on H1 for ever.



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  • fromnaija
    07-20 05:30 PM
    Assuming that her 485 is not approved by the time they bring the child into the US, she could file AOS for the baby when her PD becomes current again.
    NO, the child will not have to file family based and will not have to go out of country to get GC.

    her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?




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  • sr123
    02-11 10:13 AM
    As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)

    Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.

    So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.



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  • pkv
    01-07 05:55 PM
    IVians
    I applied for I-485 during in July 07 and have I-140 approved.
    I renewed my passport last week, new passport number is different.

    Should I inform USCIS about this change?? is there any process/form for this?

    Please share experiences, I'm sure many of us must have experienced this.




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  • lecter
    March 15th, 2004, 12:24 AM
    Lecter,
    So we can conclude that resolution and focus are a little shakey?
    Gayr

    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....



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  • kumar1
    12-08 12:16 PM
    Do not come to software if you do not have a interest in it. This field has its own set of stress and problems. I know people who moved from manufacturing to software because of (a.) good money and (b) chance to see USA/Europe. They are the most frustrated guys around. After 2-3 rounds of lay off, they want to go back to their old job but after 5-6 years, they are not fit for their old job either.

    Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.




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  • alterego
    05-07 07:17 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP

    A few question pop to mind here.

    1) Has your 140 been approved?

    2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.

    3) When is your EAD valid until?

    4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.

    Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
    If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
    If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
    EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
    Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!


    Good luck. Keep us posted.



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  • India76
    07-17 06:25 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file


    is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...




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  • bluez25
    10-29 07:01 PM
    And I am not a lawyer.. trust your instinct and change jobs...



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  • 123456mg
    07-29 04:16 AM
    Hi there,

    IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.

    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?


    Hmmm..... good idea! Looks like you have a baby......

    I do not think in any country there are such laws in place. Why don't you write it to US congress and see if it gets passed!! You will find yourself at the end of few million illegal latinos.

    Good luck buddy!!




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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?



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  • habil52
    09-25 07:50 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.


    Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.




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  • Kodi
    07-22 09:56 AM
    I thought USCIS won't issue EAD without FP. Its not true?



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  • chapper
    11-09 09:59 AM
    USCIS Ombudsmun Report - Total I140 approved:

    Approved
    2000:89,583
    2001: 99,659
    2002: 93,533
    2003:62,281
    2004:67,552
    2005:94,211
    2006:104,168
    Oct 2006 to April 2007: 65,098




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  • Green.Tech
    08-05 06:09 PM
    I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.

    Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.

    Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....

    Good point!

    For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.

    More thoughts?




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  • suryamnb
    12-07 02:30 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?




    diptam
    10-13 03:16 PM
    Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.

    But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.

    That dress is - "Red Shirt"

    Hope this helps !




    laksmi
    12-03 08:17 PM
    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!

    If your wife is having H4 visa on her passport and visa is still valid, she can use H4 itself to move in and out of country, no need of AP.



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