anurakt
01-03 11:13 AM
I pledge $120 every month as soon as it is available......
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camarasa
07-08 10:08 PM
Stueym I posted this response to your video.
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
tabletpc
01-11 09:29 AM
Guys please help me with below questions.
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
2011 17 of 38. Zac
glus
03-19 11:47 AM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
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kkmajid
10-16 01:52 PM
from pakistan, but does it matter?
senk1s
10-09 04:54 PM
i thought this was just an interpretation of AC21 (and how it applies to the current situation)
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aug2007
02-24 07:53 AM
Thank you theshiningsun and chanduv23.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
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andycool
01-06 04:54 PM
Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
Best,
Pria
Pria
send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.
thanks
Best,
Pria
Pria
send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.
thanks
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fromnaija
09-26 01:32 PM
Hi All,
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
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vxb2004
11-24 08:09 PM
Hello,
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
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dhesha
11-17 02:53 PM
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
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HV000
03-04 05:24 PM
But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.
This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!
This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!
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JazzByTheBay
09-15 03:49 PM
Can (and should) be published on the IV web site. We really need to get better at telling our story, imho.
jazz
Wonderful idea..I am with you.....
jazz
Wonderful idea..I am with you.....
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GCNaseeb
11-04 10:46 AM
Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:
http://immigrationvoice.org/forum/showthread.php?t=13522
http://immigrationvoice.org/forum/showthread.php?t=13522
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Prashanthi
06-26 01:57 PM
the above scenario applies only if their is a signed contract between him and the employer, does not apply to an agreement that was made between the recruiter and his employer as he is not a party to the contract.
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tammigaw
02-06 03:35 PM
All,
i am new member of this community . I greatly appreciate the effort that IV is putting forward to address immgration issue .
I got my green card recently and now i want to leave a blood sucking employer whom i work as independent Contractor after i got my EAD for 3years .Because of his torture of not paying me on time and defaulting some payments and constant harassments i called to quit .
Now i got an offer from a client to join as full time . Now he is threating me with some non compete clause which is redundant , when i signed he said that i cant join his competition .Now he is saying that i cant join with the client as well and threating to pursue legally against me.
i have lot of money at stake. Gurus i greatly appreciate if any one can throw some light in this area and possibly provide me any Lawyers in NJ area .
I apolosize for posting this non relevant issue .
i am new member of this community . I greatly appreciate the effort that IV is putting forward to address immgration issue .
I got my green card recently and now i want to leave a blood sucking employer whom i work as independent Contractor after i got my EAD for 3years .Because of his torture of not paying me on time and defaulting some payments and constant harassments i called to quit .
Now i got an offer from a client to join as full time . Now he is threating me with some non compete clause which is redundant , when i signed he said that i cant join his competition .Now he is saying that i cant join with the client as well and threating to pursue legally against me.
i have lot of money at stake. Gurus i greatly appreciate if any one can throw some light in this area and possibly provide me any Lawyers in NJ area .
I apolosize for posting this non relevant issue .
more...
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abhijitp
01-18 01:35 AM
> ***If you don't sign, that means no snacks
LOL:-) Thanks for making my day!
NORCAL, see you there on Sunday!
LOL:-) Thanks for making my day!
NORCAL, see you there on Sunday!
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chvramana
04-23 01:57 PM
I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
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dionysus
01-24 11:37 AM
Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.
Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.
Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.
imm_pro
06-10 06:27 PM
good ..should be a relief to lot of folks..
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
tikka
05-29 04:00 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
Dont think anyone can really guess if EB 3 will be current by July.
Please do take a few minute and send web faxes!!
Thank you
I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
Dont think anyone can really guess if EB 3 will be current by July.
Please do take a few minute and send web faxes!!
Thank you
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