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Should address on Drivers license and Address that we provide for USCIS should it match ?

I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?

If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.

Are you considering actually stopping people from creating something in AS1? As you probably know anyway, AS2 is compiled to AS1 anyway, so a decision to limit entrants to only AS2 and AS3 would be totally arbitrary. :P

Besides, most people who claim to be using AS2 just use AS1 with type annotations…

Anyway, thanks for clarifying the background options. :)

Your wife should NOT have any problems if she is still in her 6 years of her first H1B. My wife had the same case and she got her H1B in 15 days and it was NOT counted against the quota.

As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

Sample Format:

DATE

USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508


Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX


Dear Sir/Madam:

This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

He will be managing XXXXXXXXXXXXX(according to Labor approval)

It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


Yours Sincerely,




XXXXXX
XXXXXX

I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:

People may post their answers, proving that I am wrong.

thnx but do you mean what the text says or the font/format/position of it?

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.

Well put logiclife....

LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to directors of operations at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF.

Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

Hello,
My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
I am a little worried, should they be waiting until the visa arrives or make a move now?
Has anyone faced this issue and if yes any advice on how to correct things.

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

Me too! Citizen of India.

My spouses EAD (dependent) was approved 3 weeks after mine.

So it is normal I guess.

I think we need to send flowers with thank you note to IV core members and congress woman.Let us get vote and send flowers to those addresses.

Thank you

Instead send $$ as donations to IV. Contribute.

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.

The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..

Thanks

Hi,

On my and my wife's AP cases, we got an update today. It says on 10/30 USCIS mailed the documents to applicant.

I take that as approved. I guess the AP docs go to attorney's office, correct?

Thanks

Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?


thanks n sorry for the multi threads !!!!

I was given a slip from the officer and told to collect the passport on Friday at the consulate at 2pm. The slip had same information as well.

Read my full story here :)
Successful H1B stamping at Vancouver - Pakistani - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3611048902&r=3611048902#3611048902)

Do we have to send our application to one of the centers based on where we reside/work?
yes:

2 options:

1. current law allows u file at Nebraska
2. direct filing memo says that filing can be done at Texas or Nebraska based on the state u work in from 07/30/2007..however they are allowing people from now till then to do the same.

OF times of india.

Let us flood their office with phone calls asking them to stop publishing articles that dont make sense and put stuff up there that representative of both the side of the debate.

Does this brainiac know that how many businesses have shut down due to lack of unskilled low-wage workers especially in the argicultural businesses? Not that its our job to make arguments favoring illegals - we have our own problems to deal with - however this article is titled wrongly and not supported by facts.

I have never read timesofindia in last 2 years because of irritant 100 million pop ups of phonecards and airline tickets. The website just is basically not the same thing as print edition. The website looks like a tabloit coverpage.

--Jay.

CIR is akin to churning the ocean and in an election year highly unlikely. Our best opportunity this year would be to get some retrogression relief in this bill. Filing for 485 gets some extra dollars for the ICE and at the same time does not add a single extra immigrant. Is this being pursued seriously?

Check this out...
http://www.hindu.com/thehindu/holnus/001200707182165.htm

Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

For tips to the other readers.

Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

This has worked in many cases as doing such bothe employer and employee gets best of both worlds.


Great advice, I sincerely thank you for your time.