gee_see
04-15 02:22 PM
9 Years, with one employer!!! immmm..
If the employer is good it is ok, what if not?
I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note….
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
If the employer is good it is ok, what if not?
I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note….
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
wallpaper Messy gets her Eyeball Tatt
dsneyog
11-30 10:49 PM
Thank you. I have my package ready. I am thinking about including prepaid self addressed envelope so I can track the package. How do you do it? Just go to postoffice and get one from them? I always ship out packages using paypal and I was thinking about printing a shipping label for priority envelope. Not sure if I should do that.I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
gcgonewild
08-15 02:16 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
2011 Eyeball Tattoo
roseball
03-29 08:43 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
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vxb2004
04-28 09:21 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
mdipi
10-22 08:34 PM
i am making another image for my site, but i wanna have links ON the image, how do i do this? I am using PS7 by the way!
-mike:cyclops:
-mike:cyclops:
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dealsboy
11-02 10:20 AM
Do we have to worry about expired I 94 if we are using EAD ?
2010 eye ball tattoo
jpreston
October 25th, 2005, 05:06 PM
Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.
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cox
May 25th, 2005, 07:07 PM
For an 'old school' recommendation, forget auto, firmware, default settings, etc. Switch to manual mode and play with the shutter/aperture yourself. It's more fun in the end!
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indyanguy
02-01 07:32 PM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
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godbless
12-14 03:09 PM
Hello,
Please respond.
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.
Please respond.
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.
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caforum2
06-18 04:33 PM
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
more...
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surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
tattoo Skull in eyeball tattoo
Kushal
04-24 02:18 PM
Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
Congrats..
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
Congrats..
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Kitiara
10-16 10:27 AM
Well done that man!
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bobzibub
02-09 01:10 PM
How many words?
What specific subject/legislation?
What is IV's official position on it?
Cheers,
-b
PS: You know that Power = IV right? = )
What specific subject/legislation?
What is IV's official position on it?
Cheers,
-b
PS: You know that Power = IV right? = )
more...
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GoneSouth
07-11 03:14 PM
That's really an excellent idea guys. Rally at state capitol or in front of governors office, rather than in SJ.
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sayonara
08-30 06:19 PM
1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts)
Most likely, you will be asked to just wait for 90 days from the date of filing before someone can look into ur status...but good luck anyways !
Most likely, you will be asked to just wait for 90 days from the date of filing before someone can look into ur status...but good luck anyways !
hairstyles EyeBall tattoo Round 1 by
prolegalimmi
03-27 06:44 PM
Below is a Copy.
"Dear Editor,
I hope that this letter of mine gets a few minutes of your precious time.
While there is a raging debate going on in the Senate about how to accomodate illegal immigrants, while there is so much time being given to find solutions to the issue of illegal immigration, a little known fact is that upwards of 350,000 legal immigrants, who have come to the United States legally, contributing to the american community positively, putting their special skill sets to practice to keep american technical, engineering, research and such jobs in america, paying taxes for every penny they earn, for every day they have lived here, these people are languishing for more than five years because of governmental delays and lack of governmental resources to process their applications in a timely manner.
No coverage at all is being given to the plight of these more than 350,000 'legal' immigrants. These legal immigrants are even afraid to come out and protest lest they get into legal problems with the law enforcement because they might be disturbing peace or affecting productivity negatively. Would NPR kindly give a voice to these legal immigrants and let the public know about the silent suffering that these legal immigrants are going through. If any more information is needed at all, please do visit immigrationvoice.com, or contact any of these individuals who are here legally, shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
OR call (281) 576-7185 .
Thank You very much for your time."
"Dear Editor,
I hope that this letter of mine gets a few minutes of your precious time.
While there is a raging debate going on in the Senate about how to accomodate illegal immigrants, while there is so much time being given to find solutions to the issue of illegal immigration, a little known fact is that upwards of 350,000 legal immigrants, who have come to the United States legally, contributing to the american community positively, putting their special skill sets to practice to keep american technical, engineering, research and such jobs in america, paying taxes for every penny they earn, for every day they have lived here, these people are languishing for more than five years because of governmental delays and lack of governmental resources to process their applications in a timely manner.
No coverage at all is being given to the plight of these more than 350,000 'legal' immigrants. These legal immigrants are even afraid to come out and protest lest they get into legal problems with the law enforcement because they might be disturbing peace or affecting productivity negatively. Would NPR kindly give a voice to these legal immigrants and let the public know about the silent suffering that these legal immigrants are going through. If any more information is needed at all, please do visit immigrationvoice.com, or contact any of these individuals who are here legally, shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
OR call (281) 576-7185 .
Thank You very much for your time."
sk.aggarwal
02-15 05:35 PM
I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.
bk_ravi@yahoo.com
07-01 06:34 PM
By all means , I want to participate in this law suit. I dont want to hide anything from DOS or USCIS as I have not lied. My user id in this forum is real email id.
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