kondur_007
09-17 09:38 PM
I dont want to duplicate, 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=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
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=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
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dollar500
08-09 09:13 PM
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
snathan
04-19 12:15 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.
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redgreen
10-08 06:26 PM
Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.
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dilbert_cal
04-15 12:04 PM
If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.
Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.
ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.
Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.
ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.
ebizash
07-26 09:34 AM
CitiBank recently launched their Online Remit service. I used it for the first time last week and the exchange rate offered was best of all other services. Their fee is a flat $1 for any amount transferred. I did the same amount transfer at the same time with Citi as well as Remit2India and I got 16 Paise per $ more with Citi.
Keep in mind, every new business tries to offer best services in the beginning to attract customers and I suspect it will be same with Citi too. So their rates may be great now but could be whole different story in few months. They also disclose in the fine print that the exchange rate offered includes conversion commission.
If I were to order my preference on a permanent basis I would rank SBI, Citi, Remit2India, ICICI and then Western.
Citi's website - https://citiremit.payquik.com/
Keep in mind, every new business tries to offer best services in the beginning to attract customers and I suspect it will be same with Citi too. So their rates may be great now but could be whole different story in few months. They also disclose in the fine print that the exchange rate offered includes conversion commission.
If I were to order my preference on a permanent basis I would rank SBI, Citi, Remit2India, ICICI and then Western.
Citi's website - https://citiremit.payquik.com/
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greencardvow
08-03 07:23 PM
Please close this thread.
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rahul2699
05-19 11:46 AM
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
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RamBharose
03-13 06:34 PM
hey kris
i really wanted to know if it was illegla before reporting someone, you can refer to jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
I wasnt sure and i didnt know how to go about it.
try to follow law in its technicality and spirit. A lot of us may face delay in their app processing for uscis to figure out fraudsters among us. We should keep our program defensible not only in the court of law but also in the court of (american) public opinion.
i really wanted to know if it was illegla before reporting someone, you can refer to jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
I wasnt sure and i didnt know how to go about it.
try to follow law in its technicality and spirit. A lot of us may face delay in their app processing for uscis to figure out fraudsters among us. We should keep our program defensible not only in the court of law but also in the court of (american) public opinion.
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leoindiano
02-06 01:04 PM
looks like this is what happening...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
more...
pitha
06-11 12:25 PM
if you saw any of the news shows over the weekend everybody says the chances of this passing the senate are about 33% and even if it passes the senate it might not pass the house. even kyl was skeptical about its chances. this is our chance, lets oppose this bill tooth and nail. no bill is better bill for us as long as kennedy, kyl and durbin are around. please oppose this bill
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Jaime
09-11 04:01 PM
by coming to DC!!!
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LostInGCProcess
09-18 05:18 PM
Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
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vsc
01-31 06:44 PM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
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yabadaba
06-21 07:35 AM
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
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royus77
07-12 06:58 PM
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
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Edison99
02-02 10:31 AM
Congratulation maine_gc!
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eb3retro
06-06 07:37 PM
Or you are going to be more scared and let these suckers suck you out more? The reason I am skeptical is, time to time we IVians receive these kind of posts all of a sudden and they vanish all of a sudden too. People like american desi give you all a fantastic response and my frustration is not knowing if you guys follow it. This is america for godsake and there are laws protecting the employee from these so called bodyshoppers who almost dont exist anymore. Partly the reason is because these suckers played so much of illegal things in the past, such as writing ridiculous contracts and preying on people like you. I even wonder how come people sign these contracts even in these days. Please take up american desi's advice and stand up for yourself and show your vendor that you are not scared of these things. and last but not the least, for your sake and for other people who may fall for this trap to this vendor, please do report them to department of labor.
Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
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psam
03-09 07:31 PM
Hopefully you get a different officer. In my case they officer stamped I-551 on passport which was valid for six months for travel purpose and 1 year for employment.
Other online links suggest to talk with your congressperson so see if you get lucky.
Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)
Other online links suggest to talk with your congressperson so see if you get lucky.
Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)
yabadaba
07-13 02:23 PM
chandu check ur pm
ItIsNotFunny
04-19 10:58 AM
Yes I have a BIG update.
Let us not ask for any updates on our site. IV core should not be forced to post update on the site.
I happened to see
our thread
http://immigrationvoice.org/forum/showthread.php?t=3563
quoted on Alipac site.
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=57004&highlight=h1b
They even note down our small ideas
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=55431&highlight=h1b
They watch every action and block our attempts. We need to be patient and not ask IV core to give us updates ahead of time. If you read their forum, you will know that when we post about a bill or a senator, these guys also call those lawmakers and start opposing the work we did. So please do not keep asking for updates ahead of time.
Funny!
Let us not ask for any updates on our site. IV core should not be forced to post update on the site.
I happened to see
our thread
http://immigrationvoice.org/forum/showthread.php?t=3563
quoted on Alipac site.
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=57004&highlight=h1b
They even note down our small ideas
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=55431&highlight=h1b
They watch every action and block our attempts. We need to be patient and not ask IV core to give us updates ahead of time. If you read their forum, you will know that when we post about a bill or a senator, these guys also call those lawmakers and start opposing the work we did. So please do not keep asking for updates ahead of time.
Funny!
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