Anne Hathaway Catwoman

no ... I did not use AC21.

You can buy even now as there is 2 day delivery option also.
Atleast buy a mug or cap or something.

Hi,

I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.

Thanks.

Dear Members,

IV recommends that you wear IV T shirts for the Rally.

Here is a link to buy IV T-Shirts for the rally.
http://www.cafepress.com/immivoice/

If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:

http://www.cafepress.com/immivoice/3465245

Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.

Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.

Poofiness..... ummm..... airbrush tool :P

Assuming (but hope not) you will be laid off:

1) If I get laid off and my employer cancels the h1b, Am i out of status?

No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�

2) Can they cancel my approved i 140?

I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!

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

USCIS will not deny 485 with out issuing the NOID (Notice of Intend to Deny) Letter. Your attorney must have received it, usually you will be given 30-45 days to respond to RFE.

A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community

People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.

It is 200% certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.

One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.

Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.

It is free. I just got 8 photos done from AAA.... But I am plus member..
But even for regular member you should get 6 photos.



AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)

SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:


At the appropriate place, insert the following:

SEC. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--

(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';

(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

(2) in paragraph (2)--

(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

(B) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

(1) in clause (vi), by striking ``and'' at the end;

(2) by redesignating clause (vii) as clause (ix); and

(3) by inserting after clause (vi) the following:

[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;

``(viii) 115,000 in fiscal year 2008; and''.

I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

*******
655.715 Definitions.

Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

***

20 CFR 655.734 (a) (2)

(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


****

Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

2) When one move to a different Metro (or out of commutable area), a new LCA is required.

It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.

I lost the hope of GC after working 10 years in US because my GC is not approving.

Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

You have rights to ask the above items. But it can not be done thru USCIS.

You should hire a good lawer and proceed thru court.

Good luck.

PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.

Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

Is this true...? if it is, USCIS is in big trouble.

5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22


link not working

Yes!!YES!! finally!!! woohoo!! i GOT IT!! thanx lost!

There is an Indian guy who applied on June 1st and got approved.

http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195

But the OP's approval doesn't make sense

Congratulations!!! Celebrate! :D

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.

EB3-PD Jul 02
LC Approved Jan 07
I-140 Pending since March 07

That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.