beppenyc
02-27 10:42 AM
K
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kukitron
01-10 08:29 AM
Your friend has nothing to loose, seems like the company does not want to provide any information so he will have to leave the country anyway.
His best shoot....Sue the company to get the fair pay he deserves and try to come back to the USA with another company.
His best shoot....Sue the company to get the fair pay he deserves and try to come back to the USA with another company.
kaisersose
07-29 11:04 AM
Both the employer and employee should have the intent of working together after GC. However, for several reasons, this may not come to pass, in which case it is OK to change.
Since no minimum timeframe is specified by law, it may be OK to change jobs in 24 hours after GC approval.
Questions may popup during naturalization, but the same questions apply to people who quit 1,2.3 4 years after GC too. So there is no difference as the answers to these questions are the same for all cases - 24 hrs or 4 years.
Since no minimum timeframe is specified by law, it may be OK to change jobs in 24 hours after GC approval.
Questions may popup during naturalization, but the same questions apply to people who quit 1,2.3 4 years after GC too. So there is no difference as the answers to these questions are the same for all cases - 24 hrs or 4 years.
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needhelp!
10-26 04:25 PM
Basically there were two guys A & B and each one was doing things their own way.
I had a similar experience of 'come back at 12' because we reached at 11:48 instead of 12pm, and when we went back in exactly at 12, we found that several others who had come after us were allowed to get in, as B was now sitting in the entry spot, and apparently didn't have problem accepting people early.
Even then, I was the first one to finish filling out the form and tried to submit to A, who was standing beside B, but was shot down yet again and asked to go back. "We will call your name"
Then I saw other guy going and submitting to B and form taken and token number given.
At this point I went and asked B, how come others are allowed and I am not, to this I get the response "Each case is different".. and now he looks at my papers and says.. actually, you know what you need to go and wait. I think he didn't like me protesting, and decided I should be made to go through a few more minutes of patience excercises..
All in all, we got out at about 1 pm. I hope I never have to drive all that way again!
I had a similar experience of 'come back at 12' because we reached at 11:48 instead of 12pm, and when we went back in exactly at 12, we found that several others who had come after us were allowed to get in, as B was now sitting in the entry spot, and apparently didn't have problem accepting people early.
Even then, I was the first one to finish filling out the form and tried to submit to A, who was standing beside B, but was shot down yet again and asked to go back. "We will call your name"
Then I saw other guy going and submitting to B and form taken and token number given.
At this point I went and asked B, how come others are allowed and I am not, to this I get the response "Each case is different".. and now he looks at my papers and says.. actually, you know what you need to go and wait. I think he didn't like me protesting, and decided I should be made to go through a few more minutes of patience excercises..
All in all, we got out at about 1 pm. I hope I never have to drive all that way again!
more...
arthsidhu
09-10 10:24 AM
This info is posted on the USCIS website. If your application is still at NSC then your info should have been entered, but if it was transferred to TSC then you have to wait
mjadala
10-24 12:12 PM
I would be very interested in knowing as well how we can file one's case under Eb2 after the Labor Certifcation was filed under EB3.
Also whats the worst thing that can happen if your 485 is denied under Eb2.
Will you be just asked to refile under EB3 whenver it becomes avaialable or will you whole GC application be denied?
I am just asking this to assess the risk involved in this process of filing under EB2.
Thanks
Also whats the worst thing that can happen if your 485 is denied under Eb2.
Will you be just asked to refile under EB3 whenver it becomes avaialable or will you whole GC application be denied?
I am just asking this to assess the risk involved in this process of filing under EB2.
Thanks
more...
chanduv23
09-21 02:02 PM
Please use the WH4 form, you can google it and get this form. DOL lawyers are generally responsive and make sure the company gives you thee money.
Always save all your communication emails in your sent folder - and if you are working for a client - your manager signs the timesheet - report to them about this employer - your manager will not likethe fact that your employer is not paying.
When you file complaint uisng WH4 - include all evidences and DOL lawyers will help you with the stuff.
Always save all your communication emails in your sent folder - and if you are working for a client - your manager signs the timesheet - report to them about this employer - your manager will not likethe fact that your employer is not paying.
When you file complaint uisng WH4 - include all evidences and DOL lawyers will help you with the stuff.
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nixstor
02-21 04:45 PM
Who ever is interested in meeting lawmakers, please check your represntative and send me a PM with your valid email address.
http://www.house.gov/writerep/
http://www.house.gov/writerep/
more...
JoshuaJonah
07-22 11:19 AM
thanx dude;)
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pappu
09-09 12:35 AM
Hello everyone. I hope someone can advise me what to do. The quota for H1-B was reached before the attorney sent my petition. I went back to F1 (already was on F1 and got a B.S. in Accounting) that expires in December (attending a GMAT class), hoping for the SKILL bill to be passed. At this point it does not look like it will be passed any time soon. The employer liked my work and is willing to help me if I find a legal way to get a permission to work.
Does anyone have an idea what can be done?
Thanx a lot in advance.
Is CPT an option for you? you can get 1 year CPT plus 1 year OPT on your F1 visa without worrying about your H1B for now and work for your employer. BTW pls try to post in appropriate subject and section threads. This thread was started to discuss a news story and all posts should be within IV Agenda and Legislative Updates subject.
Does anyone have an idea what can be done?
Thanx a lot in advance.
Is CPT an option for you? you can get 1 year CPT plus 1 year OPT on your F1 visa without worrying about your H1B for now and work for your employer. BTW pls try to post in appropriate subject and section threads. This thread was started to discuss a news story and all posts should be within IV Agenda and Legislative Updates subject.
more...
sdeshpan
04-19 09:21 AM
Can someone answer a couple of these questions:
1) Are there any guidelines on this website about what to talk to the Congressmen about? Some specific points we acn carry with us etc?
2) I believe it is easier to get hold of Reps as opposed to Senators...any thoughts on whether it matters who we approach?
Thanks!
1) Are there any guidelines on this website about what to talk to the Congressmen about? Some specific points we acn carry with us etc?
2) I believe it is easier to get hold of Reps as opposed to Senators...any thoughts on whether it matters who we approach?
Thanks!
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H1B-GC
05-07 11:59 AM
Hi All,
What's happening with I-485 Adjudications these Days @ TSC. Why aren't they pre-adjudicating the applications like NSC, though the Processing times show 07/31/2009 on USCIS site. Did anybody receive RFE's who applied or had I-485 tranferred to TSC.
Please post your comments whose Application is pending at TSC.
Thanks!
What's happening with I-485 Adjudications these Days @ TSC. Why aren't they pre-adjudicating the applications like NSC, though the Processing times show 07/31/2009 on USCIS site. Did anybody receive RFE's who applied or had I-485 tranferred to TSC.
Please post your comments whose Application is pending at TSC.
Thanks!
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kondur_007
07-29 03:14 PM
Hi guys,
I dont want to duplications, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplications, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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PresidentO
02-03 01:09 AM
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gc_dreamer_2010
02-19 08:05 PM
Thanks desi!
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sandiboy
07-23 04:19 PM
Doesnt speak anything about filers between Jul2 to Jul 17.
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Santosh_gc
01-15 12:26 PM
All:
I saw this thread on another website. This could be cause for concern for people looking to Writ of Mandamus as remedy to get out of namecheck black hole for green card or for citizenship.
http://boards.immigrationportal.com/showthread.php?t=237668
I suggest you do more research before spending money on a lawyer. This is in contrast to what i had said in another post.
http://immigrationvoice.org/forum/showthread.php?t=2884
As always, note that i am not an attorney and you should get legal opinion before making such an important decisionabout spending money and filing lawsuit against a government organization that is processing your application.
One is always taking a risk that USCIS may judge the case with more scrutiny if you have filed a lawsuit aginst them. So it would help if you dont have any compromising factors in your application for green card or citizenship. But even if you didnt, one is taking risk. Please be ware of that.
Finally, you may want to follow up on BCS (BACKGROUND CHECK SERVICE) FUNCTIONALITY IMPLEMENTED BY uscis WHICH IS SUPPOSED TO centralize all background check information and thus spped up namecheck. it was to be implemented starting 1st week of jan 2007. If it works, you dont need WOM.
Regards,
Santosh
I saw this thread on another website. This could be cause for concern for people looking to Writ of Mandamus as remedy to get out of namecheck black hole for green card or for citizenship.
http://boards.immigrationportal.com/showthread.php?t=237668
I suggest you do more research before spending money on a lawyer. This is in contrast to what i had said in another post.
http://immigrationvoice.org/forum/showthread.php?t=2884
As always, note that i am not an attorney and you should get legal opinion before making such an important decisionabout spending money and filing lawsuit against a government organization that is processing your application.
One is always taking a risk that USCIS may judge the case with more scrutiny if you have filed a lawsuit aginst them. So it would help if you dont have any compromising factors in your application for green card or citizenship. But even if you didnt, one is taking risk. Please be ware of that.
Finally, you may want to follow up on BCS (BACKGROUND CHECK SERVICE) FUNCTIONALITY IMPLEMENTED BY uscis WHICH IS SUPPOSED TO centralize all background check information and thus spped up namecheck. it was to be implemented starting 1st week of jan 2007. If it works, you dont need WOM.
Regards,
Santosh
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gc_check
09-30 12:11 PM
It depends on the Non-compete clause /agreement you had signed with the employer and also depends on any clause the companies have between them, when agreeing for corp-corp. Usually the companies sourcing a resource will include a clause that would help them retain a resource if need be. In my case, I did not have a middle layer, Was working for a company A, who is also a vendor for my current employer. I did had a non-compete, saying I would not accept employment with a competitor or with their client / business partner for 6 months after leaving for any reason, but my contract with the current employer and the vendor, had a clause, that they could hire the contractor after 6 months of contract for same position. So when I got hired by my current employer, even though I had non-complete, I got a waiver and was able to join. I did not tell my previous employer that I am leaving, rather went through the report manger to request the vendor to hire me and this worked for me. Though I joined for a different position, the current manager helped me by having the then reporting manager to hire first and then transfer to the current group.
I would talk to the all parties involved and work this out in a good easy way, so we do not end with any problem at a later stage. Talk to your manager / HR of the current company and try to convince them and let them know, if any other contracting positions opens up, you might be able to get more business, etc..
I would talk to the all parties involved and work this out in a good easy way, so we do not end with any problem at a later stage. Talk to your manager / HR of the current company and try to convince them and let them know, if any other contracting positions opens up, you might be able to get more business, etc..
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rb_248
05-24 03:07 PM
I am starting this thread to discuss why/why not USA need Illegal immigrants more than Legal immigtants. I want to see why one group should be favored over the other group from an American prespective.
Some of my observations:
Illegals are seen as
Law breakers, Will do the dirty work that americans will not do, will work for less than minimum wage, exploited, harassed, 12 million in number and so need support.
Legals are seen as
Take away american jobs, make more money than illegals, will bring down white collar wages down and so on and do not need support.
The above sentiments may drive what is happening in the Congress.
Your Comments? Observations?
Some of my observations:
Illegals are seen as
Law breakers, Will do the dirty work that americans will not do, will work for less than minimum wage, exploited, harassed, 12 million in number and so need support.
Legals are seen as
Take away american jobs, make more money than illegals, will bring down white collar wages down and so on and do not need support.
The above sentiments may drive what is happening in the Congress.
Your Comments? Observations?
anandrajesh
07-24 12:00 PM
Guys,
Any inputs r apprecited.
I am on EB2 with PD dec 2006 and will be filing for 485 and i140 is pending. Being single and marriage date not sure, i may not got much benifitted by EAD/AP. I still have 3 years of h1b. I work for a non profit organization on IT side ..good thing is very secure and very easy to get GC. Bad part is pay not competativ enough with private companies all though good enough to lead a good life in US.
I have got H1b done from a consultancy and now i am the delema to jump to private company or not as i still have 3 years of H1b. But the very fact that i need to go thru al the process of GC again makes me think twice. The fear fo regretting is making me not to take chance as the 485 dates became current. Also i feel i can alaways think of climbing the career ladder after GC. In brief i am bit confused as i have many options.
I would apprecite if you throw suggestions on this situation.
Although eventually i will take the decsion which is good for me.
Thanks in advance....
Just file your 485, get your EAD & AP, wait for 6 months for AC21 to kick in and use your EAD to join anyone you want to join. Where is the confusion???
Any inputs r apprecited.
I am on EB2 with PD dec 2006 and will be filing for 485 and i140 is pending. Being single and marriage date not sure, i may not got much benifitted by EAD/AP. I still have 3 years of h1b. I work for a non profit organization on IT side ..good thing is very secure and very easy to get GC. Bad part is pay not competativ enough with private companies all though good enough to lead a good life in US.
I have got H1b done from a consultancy and now i am the delema to jump to private company or not as i still have 3 years of H1b. But the very fact that i need to go thru al the process of GC again makes me think twice. The fear fo regretting is making me not to take chance as the 485 dates became current. Also i feel i can alaways think of climbing the career ladder after GC. In brief i am bit confused as i have many options.
I would apprecite if you throw suggestions on this situation.
Although eventually i will take the decsion which is good for me.
Thanks in advance....
Just file your 485, get your EAD & AP, wait for 6 months for AC21 to kick in and use your EAD to join anyone you want to join. Where is the confusion???
akkakarla
07-17 09:32 AM
Diptam, I had a reason for calling you that based on what you said in your posts. You do not know me either but you judge me by what I write here like everybody else. Grow up diptam!
As for the original poster of this thread, I appologize, I did not mean to offend him. I was just curious how someone gets arrested for "aggravated battery". I do not know anybody that is in the same situation and it sounded a big deal to me. Again, I apologize to the original poster if I offended him in any way, it was not my intention, I just wanted to know how somebody can get himself in such predicament. I realize now that I might have done that in a harsh and inconsiderate way. My bad !
On form I-140 it actually says that answering yes to any of those questions DOES NOT MEAN that automatically you are disqualified from AOS so i would definetely apply if I was him.
Yes they will be arrested. They will be in Jail until they appear in court. This serves two purposes. 1. Cool off period between the couple so that they can think wisely. 2 To avoid any more damage and possibly bodily harm to one or both. some would be suicidal and some in the fit of rage don't know what they are doing.
Many a times they would be sent for Anger Management and Counselling with 6 - 12 months of separation unless the court makes a decision that they can get back together.
In this person case I don't think that happened because he mentioned "EX" which means they are already separated.
As for the original poster of this thread, I appologize, I did not mean to offend him. I was just curious how someone gets arrested for "aggravated battery". I do not know anybody that is in the same situation and it sounded a big deal to me. Again, I apologize to the original poster if I offended him in any way, it was not my intention, I just wanted to know how somebody can get himself in such predicament. I realize now that I might have done that in a harsh and inconsiderate way. My bad !
On form I-140 it actually says that answering yes to any of those questions DOES NOT MEAN that automatically you are disqualified from AOS so i would definetely apply if I was him.
Yes they will be arrested. They will be in Jail until they appear in court. This serves two purposes. 1. Cool off period between the couple so that they can think wisely. 2 To avoid any more damage and possibly bodily harm to one or both. some would be suicidal and some in the fit of rage don't know what they are doing.
Many a times they would be sent for Anger Management and Counselling with 6 - 12 months of separation unless the court makes a decision that they can get back together.
In this person case I don't think that happened because he mentioned "EX" which means they are already separated.
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