kishdam
02-07 02:22 PM
Such agreement is not against the law. GC is for your benefit, not employer's.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
amdee
01-16 11:01 AM
Any update on this. I am also planning to go to the school with my I485 pending. Just wanted to make sure that I will not get ito any issues with my pending I485.
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
reddymjm
03-09 03:05 PM
Waiting on mine to get fwded to my new address.
ashkam
04-01 03:24 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
more...
desi3933
03-04 11:50 AM
Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.
.....
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
.....
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
jsb
05-07 02:26 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
more...
gc_buddy
03-07 04:30 PM
EAD applied at NSC on 12/06.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
krishmunn
05-05 10:03 PM
Just a follow up question:
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.
more...
ragz4u
02-19 08:12 PM
I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.
Hopefully other teams will take a cue from this and get together for achieving our target.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.
Hopefully other teams will take a cue from this and get together for achieving our target.
GCDelay
11-30 11:22 AM
bump
more...
gc070922
12-19 05:15 PM
Husband + Wife - 1 Application
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?
Thanks in advance.
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?
Thanks in advance.
sr77
09-26 01:00 PM
Please update profile before someone can help.
Just did it. I put in the information that I have.
Just did it. I put in the information that I have.
more...
UniGum
09-21 02:45 PM
let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....
felix31
01-17 01:43 PM
Here is what we did..
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
more...
sanz
12-21 05:22 PM
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we�ve named as InformationWeek�s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government�s $76 billion IT budget dwarfs those of any other organization. However, Kundra�s two big biggest differences are that first, his job isn�t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn�t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it�s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration�s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
�His goal has never been innovation merely for innovations� sake, but innovation to get results in service to the public,� Virginia governor Tim Kaine said in an e-mail that didn�t make it into our story. �Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.�
One story, which also didn�t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we�ve named as InformationWeek�s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government�s $76 billion IT budget dwarfs those of any other organization. However, Kundra�s two big biggest differences are that first, his job isn�t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn�t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it�s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration�s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
�His goal has never been innovation merely for innovations� sake, but innovation to get results in service to the public,� Virginia governor Tim Kaine said in an e-mail that didn�t make it into our story. �Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.�
One story, which also didn�t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
adumas
04-17 05:51 PM
Hi,
I'm in the same situation as Sahil.
Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.
I'm soooo not surprised....
I'm in the same situation as Sahil.
Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.
I'm soooo not surprised....
more...
sash
06-19 09:33 PM
Hi, I need to travel to India in October. I am told by my lawyers that I cannot travel until I receive the receipt notice for I-485. If my I-485 is filed within the first few weeks of July, when can I expect the receipt notice?
Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?
Thanks so much.
Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?
Thanks so much.
greyhair
02-01 07:57 PM
This will give you a give idea about where things are going -
U.S. National Debt Clock : Real Time (http://www.usdebtclock.org/)
You could use these stats as guiding matrics when making investment decision.
U.S. National Debt Clock : Real Time (http://www.usdebtclock.org/)
You could use these stats as guiding matrics when making investment decision.
Eternal_Hope
12-21 06:30 AM
I think she should be apprised of pains in getting green cards for skilled workers from India, by ImmigrationVoice.
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
Kevin Sadler
June 16th, 2005, 09:59 AM
this is going to be very subjective. even though there is detail less black in the first one in the nect area i think it "looks" fine. in my opinion there is too much detail less black in the second one, that makes it "look" too dark. also the first one is sooo good there's not much you can do with the second one to bring it to that level. thx, kevin
dartkid31
05-17 11:30 PM
That is true. This thing called "special handling" in common parlance is, thank god, not a hot topic of discussion. I hope this clause doesn't get weeded out given the current scenario where they have killed F4. I really wonder if "highly skilled" legal immigrants would ultimately get any benefit out of this bill. Limboland is where many people are - and at the end of the day you still get to live in Limboland and become its citizens by default.
My two cents! :( :(
The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?
My two cents! :( :(
The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?
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