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  • Maverick1
    08-13 11:23 AM
    According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.

    Only OCI visa holders can work without employment visa.

    You may want confirm the details on the Embassy website as they keep changing rules from time to time.

    No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.

    Quote from cgny website :

    "No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "



    http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7




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  • smuggymba
    09-15 09:52 AM
    Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.

    so, with 1000 ppl...20 per months. = 20K.




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  • chanduv23
    12-16 10:59 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    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.




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  • nousername
    02-24 01:28 PM
    Siva, this is not new. I had such a request back in 2004. I was transferring my visa at the time. My attorney had a university professor state exactly the same thing in a letter. The letter took care of the problem.

    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks



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  • simple1
    05-12 03:07 PM
    Ok, for this Attorney thread, some one is pouring red on me.




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  • BadDeal
    05-22 03:35 PM
    It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

    I have started the following thread

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

    Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

    I am fine with any of the above.

    We can continue with the current thread.. Can you please prefix "Tracker:" to the thread's title.

    Thanks!



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  • kk_kk
    02-25 02:34 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.




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  • Bpositive
    04-02 09:37 PM
    there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....



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  • sherlock01
    10-16 07:54 PM
    Can you please send the format of the letter you faxed? Did you include a letter from the employer?

    I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:


    I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.

    Hope this information is helpful to someone in similar boat. Below are the fax numbers:
    (214)962-1454
    (214)962-1450
    (214)962-1415
    (214)962-2632




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  • amitga
    04-28 03:20 PM
    Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)



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  • NKR
    03-11 02:53 PM
    You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you...

    Dude, Shed your medieval cloths and come to 21st century.




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  • Chelo
    02-07 10:19 PM
    I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
    Chelo


    This is my cover letter and I did everythig as it says:

    To: U.S. Citizenship and Immigration Service
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    From: Mr. XXXXXXX
    ADRESS st,
    City, State, zip code
    Tel: (111) 123-4567
    Email: whatever@whatever.net
    mm/dd/yyyy



    RE: Original Submission of Application for Employment Authorization

    A# ?????????

    Dear Sir or Madam:

    Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
    Aplication form and Supporting documents are enclosed arranged as follows:

    Form I-765 (EAD) dully filled
    Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
    Receipt notice of form I-485, copy of the receipt,
    Identity Document: copy of Visa issued by Consulate, copy of Driver License,
    Photos: Two color passport photographs placed in an envelope;
    Other supporting documentation: Copy of I-140 approval notice

    Kindly, process the above referenced application at your earliest convenience.
    If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
    Best regards,



    Mr. XXXXXX



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  • ek_akela
    06-05 10:16 PM
    can't make it to DC, made a contribution of 100$

    Transaction ID: 9BC03733FT1686746




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  • vaishnavilakshmi
    07-24 09:06 PM
    Hi,

    This happend in my motherinlaw's name case.If u have already filed i-485,then wait for RFE.If u have not did it.It is easy and 1day procedure in india,if ur parents can do it.Ur parents can get a combined affidavit typed on 10 or 20rs stamp paper and get it notarised with lawyer and scan and email u before they post it to u here.We did the samething and could file on time.

    Cheers,
    vaishu



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  • yetanotherguyinline
    11-09 01:01 PM
    I have decent writing skills and can help.




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  • gcboy442
    10-08 08:25 AM
    sg72

    My spouse EAD and AP were approved on Sept 13th , Mine is still pending......Don't know what to do .....I am the primary applicant....



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  • insbaby
    09-22 10:15 AM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?


    Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.

    If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.

    If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.

    You have to check with experts, whether this additional benefits are employer's responsibility.

    As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.

    All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.

    Just go with a decision that benefits you without much trouble.




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  • baburob2
    12-04 06:46 PM
    basically you have to maintain GC and then also abide by citizenship requirements. regarding the stay if you want to apply for citizenship after 5 years of getting GC you should physically be in US for 30 months (ie half of the 5 years) and no single travel outside of US should span more than 6 months (though under some circumstances you could counter travels between 6 months to 1 year).




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  • WeShallOvercome
    12-13 01:59 AM
    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.




    bikram_das_in
    05-21 04:40 PM
    Doe anybody have any doubt who developed USCIS software?............ Loser's Guild.




    gcdreamer05
    08-18 01:14 PM
    As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."

    She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.

    My question is also about 485 submitted without medicals, i filed during july 2007, without medicals, they have not yet asked any RFE, but if they do, should i go and do medicals again because i did medical examination in Aug 2007 and sent the documents to my attorney who is waiting to get the RFE.
    But will those medicals expire ? or should i do again because i heard there is a change in the format and new form has to be filled.

    Does any one know if medicals expire ???



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