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  • pbojja
    02-09 08:34 PM
    Link - The link is not working..
    Krishna/Sri, could you give me the correct link.

    Thanks Krishna / Sri for very useful information. I will try this option before the other ones.



    Thank you very much.

    You can give it a try ..It did not work for me so I travelled . Yes you need visa for Canada .





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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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  • desi3933
    08-13 11:55 AM
    If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

    Incorrect.

    Please refer to this link -- Renunciation of U.S. Citizenship (http://travel.state.gov/law/citizenship/citizenship_776.html)

    another link Loss of nationality by native-born or naturalized citizen (http://www.law.cornell.edu/uscode/8/1481.html)





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  • MightyIndian
    10-28 04:43 PM
    Happy Diwali. Do not lose hope.

    Shraddha and Saburi wins the game.



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  • nousername
    08-20 09:13 PM
    May be this will help you:

    1. At POE there is a possibility they might give you the I-94 till December'09 only as that is when your PP expires. If this happens you will have to worry about filling for your H1 extension in November v/s in June, 2010 to get an updated I-94.

    2. To best of my knowledge if you have a valid visa stamp on your passport then the Indian PP office needs to return the renewed PP in 24-48 hours.. My dad had something like this a while back, not sure if they changed the rules. Have someone from your family in India inquire about it.

    In short get your PP renewed either before you leave or in India, don't wait to come back on an expiring PP.


    I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.

    Thanks,





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  • krishnam70
    08-27 06:01 PM
    Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.

    NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.

    I'm almost done with my Canadian PR process and moving with my family to Calgary in October.

    I am from india and a Canadian PR holder who has done successful landing. I did not provide a police certificate from India. I had lived in the US 4 years before I applied for Canadian PR .If you are applying from the US they do not require you to provide the PC certificate I think. May be you are correct about FBI verification, it used to take 3 weeks to get the fingerprints certified from FBI ( As i said the instructions are on the form so did not elaborate further on that). No phone correspondence with consulate is encouraged/possible during the wait time, all inquiries need to made using the fax/regular mail quoting your file number for reference and yoy will get response. CAIPS is a good way to see the progress but i guess u still need to wait 52 weeks either way to get started.

    cheers



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  • reverendflash
    10-21 02:22 AM
    in a round about way, I'm a deadhead went to 23 shows in 16 months, backstage for 19 of them, kinda hard not to be at that point...

    ::crosses legs, goes into meditative state::

    and yes, that was my first attempt at freehand drawing (albeit on sugar), and when I had my artistic epiphany... :P

    Rev:elderly:





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  • geesee
    04-13 12:18 PM
    I recently closed my Simple IRA (small version of 401K) account and requested the checks (they give seperate check for each fund) for myself. Generally there is a 60 days window to move those funds to a new IRA account in order to avoid 10% penalty and taxes. I have setup an IRA account with TDAmeritrade and planning to manage the funds on my own.



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  • BharatPremi
    12-05 10:55 AM
    Eyes already on citizenship!. appreciate your optimism.:D

    I am already a citizen ..:) Just want to know more about PR in US.





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  • indyanguy
    01-18 01:00 PM
    diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.

    getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.

    By the way, is it required to send 2 letters from each employer?



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  • chanduv23
    12-31 02:08 PM
    sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet

    Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.

    Some say it is not an issue, some say it can be an issue





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  • punjabi
    07-31 02:56 PM
    If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.

    Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.

    I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.

    Good luck.



    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
    .....
    .....
    through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.



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  • lalitjain2002
    04-14 11:22 PM
    All,

    I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
    1) I work with a company who applied for my labor last year, its approved and now they are filling 140
    2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
    3) My wife works in a company who wont apply for her Green Card they dont have a policy
    4) Her visa expires after 2 yrs ...
    5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
    6) Assuming she gets 140 in next 2 yrs before her visa is expired.

    Questions .....
    a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
    b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.

    Experts please guide me if this plan would work and if yes how much would it cost me ...

    Thanks in advance ..
    Lalit





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  • tbass
    04-16 12:54 PM
    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.

    Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
    Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.



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  • kriskris
    08-22 03:18 PM
    I just called the DMV, they are again blindly saying that they just accept I-94 and nothing else. When i tried explaining them about how this is being handled in other states, they told me that this is TEXAS....we go by our own rules. I don't think i have any other option other than going for Premium.
    Any advises on upgrading to premium at this time.





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  • rockstart
    03-01 08:38 PM
    Hi Rocky,

    Thanks for your reply

    Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.

    If you have your leave application copies that can help



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  • jindhal
    09-23 01:47 PM
    tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.

    Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

    Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.





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  • akunamatata
    04-02 10:04 PM
    Usually the RFE states that if the requested information is not received by XX/XX/XXX date, USCICS will make a determination based on the information they have.





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  • vandanaverdia
    09-09 03:26 PM
    With inspiration from the TX chapter thread "Simple Math"

    Dear WA IV Members:

    We have approx. 3 people representing WA attending the DC Rally. I am sure many of you fall in either of this categories:

    a. Family reasons
    b. Economic reasons
    c. Work reasons
    d. Ignorance - I don't care.

    I honestly would love for those who fall under category D to look back and do some simple math:

    I am sure most of you earn between $25 to $35 /hour, aka. An average of $30/hour (pre-tax). There are 176 paid work hours a month. Which puts you in the range ~ $60,000/yr (pre-tax).

    Those of you waiting for a GC, have some sort of an agreement with your employer (verbal/written). Let's assume that your employer with some calculation makes adjustments to your pay, reasoning that they need to bear the expenses for lawyer fees, application fees etc.

    That's approximately $2500 for a 3 yr H1B work visa. The employer obviously marks up this cost as a result your pay decreases to $55,000.

    Lets ballpark ~$10,000 towards the following:

    a. Attorney fees
    b. Job Advertisement
    c. PERM
    d. 140
    e. 485
    f. Number of Hours spent by you to the make the above steps happen.

    THE ABOVE ARE VERY CONSERVATIVE ESTIMATES.

    Imagine what a GC would do to your paycheck! Your $55,000, with just a GC, would put you on par with everyone else for jobs in your field of expertise. Your pay scale has the potential to jump to $80,000/year (Conservative estimates).

    Thats an increase of 45%.

    The total cost you have so far spent in staying legal in order to work in a highly skilled job while waiting for your GC is:

    $5,000 (6 yr H1B)+ $10,000 (I-485 pending) = $15,000

    The total cost of your trip to Washington DC would be in the range of $400 (Including lodging expenses). This represents 3% of the total cost you have spent waiting for your GC.

    Assuming that by attending the DC rally, the lawmakers take notice and a special legislation is passed to expedite GC applications and provide sweeping temporary status to those waiting for 485 adjustment of status which would give you the same privileges as a GC would give,

    YOUR INVESTMENT OF 3% JUST GOT YOU A 45% INCREASE IN YOUR ANNUAL SALARY.

    If that is not a reason for you to stand up now and help yourself to that return on your investment, either you are a bad investor, or related to the likes of Gates, Bezos and Buffet families.

    YOUR ARE NOT WASTING YOUR TIME IN ATTENDING THIS RALLY. YOU ARE HELPING YOURSELF TO A BETTER LIFE. I CAN'T MAKE DECISIONS FOR YOU. I CAN ONLY HELP YOU UNDERSTAND THE POTENTIAL. YOU HAVE TO MAKE YOUR OWN DECISIONS FOR YOUR OWN LIFE.

    The cost of attending this rally say 300-400 whatever but the Rally has the potential of eradicating the disease of Retrogression - IF WE ALL CAN SHOW STRENGTH IN NUMBERS. EAD+AP cost for 1 year is $644... For 6 yrs of wait you will be spending 3500-3600 or even more if the rates change in a retrogressed world PLUS other disadvantages/hassles that we already know.

    Remember IV is just a platform with some LOGICAL and PRACTICAL agenda before Congress - if we do not stand up and show our heads NO ONE IS GOING TO LISTEN TO AGENDAS.

    Come on folks - its our chance to save some hardearned money over the next few years by investing in the rally.

    Lets all stand up at DC and show them numbers.

    Please consider helping people who want to come but the expenses are prohibitive due to some pressing situation.

    Enroll your name in one of the databases:
    http://groups.yahoo.com/group/WA_Immigration_Voice/





    wandmaker
    10-29 08:42 AM
    Your kid is eligible to apply for SSN and you can apply because SSN not only meant for work, it is also for tax purposes. FYI - If you are residing in California or Chicago, No restrictive text will be printed on SSN card. Hope this helps!





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    01-21 11:31 PM
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