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  • chint001
    11-27 11:19 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!





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  • lacrossegc
    08-10 07:29 PM
    both you and your wife should be in US to file for AOS





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  • immiguy
    07-18 04:28 PM
    Thanks.. and i am taking the chance and guessing that eb2+ march 2005 is better than eb2 + july 2007..





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  • coopheal
    12-05 11:41 AM
    While I have never worked on OS level, my company attorney has made a mistake. God knows why, but it is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software :mad:


    I found this link.
    http://www.bls.gov/oes/current/oes_stru.htm



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  • bbct
    03-05 06:01 PM
    Do we have to start withdrawing or transfer back to India? It's hard earned money after the employer exploitation.





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  • alterego
    06-19 12:05 PM
    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.



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  • diptam
    01-05 04:05 PM
    It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?

    I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.

    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough





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  • nashorn
    12-18 01:43 PM
    You sure can and better do have the atterney do the job. Not much people have experience on appeal/motion. I hope your atterney do.



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  • Leo07
    05-20 05:06 PM
    Bump^^^^^^^^^^^^^^^^^^^
    how many in this forum are yet to file aos?





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  • number30
    04-10 10:40 AM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.

    Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.



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  • ganguteli
    07-16 09:35 AM
    Hi,
    I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:

    I-140 approved in 2007
    I-1485 in August 2007
    Received RFE in May 2009. The RFE had two parts to it that are as follows:
    Part 1: Request for Evidence for Birth
    Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations

    When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.

    Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.

    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.

    Thank you in advance to those who respond.

    How can you and your attorney be so careless?

    If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.

    But my question to attorneys on this forum is this:

    How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.

    But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.

    I want to also know what you think about this and how one should complain.

    Thank you.





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  • EndlessWait
    08-09 10:52 AM
    Form versions are fine as long as you downloaded from USCIS..cmon guys give urself a break..dont get too nosy about the details... its all fine..u did based on what you were provided with the latest at that moment..that's it..



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  • rameshvaid
    03-25 04:45 PM
    I went to US Consulate Montreal Canada on 3/18/08 and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
    They told me to call me back within 10 days. No Comunication yet.

    My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.

    Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.

    Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.

    RV





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  • surabhi
    05-20 10:47 AM
    I had duplicate I-485 based on same I-140. The A#s were different on both I-485.I was concerned about AP / EaD renewals. I took infopass and went to USCIS today.

    I was told both my applications are now consolidated and keying in either of receipt# or A# is bringing back both applications and its all set.



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  • qualified_trash
    10-17 07:31 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.


    While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.





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  • rsdang
    06-17 09:17 AM
    Call customer service - select the address change option and when you get to a customer service agent give them the receipt number and they will verify the information on it. If it doesnt match they will advise you. Then you know if its your receipt number or not.



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  • desi3933
    02-14 08:31 AM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    >> even 50 years
    Incorrect.

    Refer to my previous post on this.



    .





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  • kriskris
    07-28 04:29 PM
    Roseball and sumkum,

    Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.





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  • pd052009
    10-26 02:53 PM
    While keeping the hopes in DREAM act, get a job, start GC process and you are welcome to join our line.





    go_guy123
    04-17 08:23 PM
    True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).

    2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
    stake and getting power after more than 10 years they are more cautious.

    Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
    in 2008. As of now things are going in their war because of the mess in iraq
    resulting is massive independent voters more inclined towards DNC.

    DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
    wont make it at national level )





    voicerj
    02-22 10:46 AM
    Try Quillpad. its good you can type in english and translates in hindi then you can copy and paste it in the form.



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