Jumat, 24 Juni 2011

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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.





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  • prouddesi
    10-15 05:08 PM
    ^^^^^^
    Hello Folks,

    We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.

    Venue: Diwali Mela, San Diego.
    Date: Saturday, November 10th.
    Target: A whopping 5000 visitors for recruitment and educational purposes.

    I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!

    PLEASE SIGN-UP on the yahoo groups spreadsheet.

    Thank you in advance! :)





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  • anzerraja
    07-20 03:33 AM
    Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

    So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

    There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

    http://immigrationvoice.org/forum/showthread.php?t=10708

    Could you please pledge an amount ?





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  • TheCanadian
    01-02 12:09 AM
    I think we should have a Flash 5 AS1 contest for nostalgic purposes.



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  • jediknight
    03-26 01:57 AM
    I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK





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  • abhay
    10-30 09:14 AM
    Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.



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  • vidhyajagi
    08-16 03:17 PM
    You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.

    Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.





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  • eb3retro
    10-24 03:47 PM
    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.



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  • mbawa2574
    05-22 09:48 AM
    Doe anybody have any doubt who developed USCIS software?............ Loser's Guild.

    :D:D:D:D Funded by Numbers USA:D:D:D





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  • vicky007
    05-10 10:38 AM
    Reported on http://www.immigration-law.com/.
    Here is the Linnk for the news article.
    http://news.yahoo.com/s/ap/20060510/...tion_employers

    This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.

    We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).

    If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.

    This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.



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  • newlife2
    09-20 12:12 AM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • GC9180
    06-19 05:29 PM
    Most medical centres/DRs are ripping off $$ on medical examination.
    How to avoid/escape most of the cost..I just paid $200
    First know about medical examination, as to whats done..
    At any medical centre the basic cost should be around $185 - $200 (based on in/out of edison area)
    - $185 Dr. Gita Dalal, U.S. Healthworks. 16 Ethel Road, Edison, NJ 08817 - (732) 248-0088
    - $200 Dr. David Rizzo, Union Family Medicine. 2300 Vauxhall Road, Union, NJ 07093 - (908) 688-4424 **WALK-IN 9-6pm***

    Basic should include
    1) blood work to test HIV & ppr(forgot name)
    Note #1) this blood work does not check for MMR, Vericella, Tetanus
    Note #2) No blood can check if one needs vaccination for Tetanus. Only MMR (measles - mums - rebella) and Vericella can be checked thru blood work, if a person needs it or not. Again i repeat the blood work done for medical test does not check for MMR or Vericella
    Note #3) Vericella is nothing but chickenpox vaccine. Do not get confused
    Note #4) Good medical centres (who do not rip off, like the two clinics i noted) just ask for proof (vaccination record) for the above three vaccines.
    Note #5) Some say vericella not need bcoz of age like 35+, but immigration needs it
    2) Skin test (PPD) for TB. Once given revisit after 48-72 hrs. If result is +ve, do X-ray which is additional $50
    3) Paper work in sealed envelope.
    Note #1) ask for a copy and check if everything is checked, signed etc..., also fax/scan to lawyer so that he can check to if everything is correct. If any errors get it corrected from the medical center.


    I felt these centers are ripping off
    # Dr. Magdy Shenouda, Wellness Center
    1706 Corlies Avenue, Second Floor, Neptune, NJ 07753 (732) 775-4138
    $340.00 basic
    # Dr. Seymour Wexler 999 Raritan Road, Clark, NJ 07066 (732) 381-3740
    $325.00 basic
    # Dr. Joseph Arno, Williamsburg Commons 10 Auer Court, East Brunswick, NJ 08816 (732) 390-8888
    390.00 includ vac (forced to take vaccine)
    also 1080 stelton road, edison,nj

    HOW TO AVOID VACCINATION COST?
    It depends on your insurance plan
    I got Horizon BCBS of NJ - HMO. according to plan i can get vaccination from primary care physician - no charges. The process is Dr does blood work to check if one is immune to MMR and vericella. eg. if blood work says the person is immune to MMR not Vericella, then the Dr gives vaccine for vericella and not MMR. The note from Dr would say MMR not need and vericella was given. Regd Tetanus, Dr gave me the shot as i did not have record to prove it was given earlier ...nor blood work can prove if one needs it or not.
    Blood work takes 2-3 days.

    Note: you need not have vaccination record at time of medical examination. I told the above two mentioned clinics that i will bring it (vacition record/report) later from Dr...they agreed. Remember till you show them they are not going to give you your report.

    I felt $185-$200 reasonable around edison,NJ bcoz thats the lowest rate i got for basic(blood work,skin/TB test,report) without vaccination + they agreed if you have vaccination record that would be sufficient.

    So if you have plan which covers vaccination + a clinic which takes your vaccination proof/record...then your cost is just $200 ONLY or max $250 (if need XRAY for TB)

    Hope the above helps...

    regards


    NOTE: correct me if i got anything WRONG...thanks



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  • krishna_brc
    10-27 01:13 PM
    Thank you.

    If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
    Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

    Thanks a lot for your kind help.

    Our's was fresh application and paid full fee.





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  • lbk
    07-18 12:01 PM
    Still I was confused. I got I-140 Approval, I have a benificiary no,
    Can I use it in my I-485 application at A# and in my Wife I-485 application?



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  • amslonewolf
    09-22 03:01 PM
    Can or do attorneys provide the service to obtain an Visa appointment?? How effective is this approach? Anyone tried this route??





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  • fromnaija
    07-25 12:20 PM
    You don't sign I-140, your employer does. Only exception - self-petitions.

    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?



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  • apb
    09-05 02:27 PM
    This should go to top of queue. BUMPING





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  • GCchakravyuh
    07-12 01:42 PM
    yes we need to hear from Clinton.. time to repay





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  • starscream
    08-27 05:00 PM
    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)





    svr_76
    05-21 07:46 PM
    And the other presidential candidates will be from All Indian American Desi Munnettra Kazhagam, the Techie Desam Party, Better Samajwadi Party.





    drirshad
    05-26 11:01 AM
    McCain Talks CIR

    New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.

    http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/

    He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
    don't do it before, and we probably won't, a little straight talk, as of January 2009."

    Source: ILW



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