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RattuRani
06-10 09:34 PM
The USCIS cannot be blamed for the quota mess. That is set by Congress. Now you can legitimately accuse them of sloth and indifference. But not greed. They're not a profit center for the US.
The right place to lobby for change is in Congress. As I've stated in other posts, the appetite doesn't seem to be there right this instant. Maybe if the economy comes roaring back in a couple years, then the political tide will once again turn in favor of reform.
The right place to lobby for change is in Congress. As I've stated in other posts, the appetite doesn't seem to be there right this instant. Maybe if the economy comes roaring back in a couple years, then the political tide will once again turn in favor of reform.
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snthampi
08-16 02:24 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
vin13
09-30 10:34 AM
I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.
Is ur case in NSC too.
Is ur case in NSC too.
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gcnirvana
03-30 03:36 PM
You should be fine. We travelled one month after I switched employers using the AP I got while working for the old employer. No questions asked. But do carry all supporting documents and if asked about current employer, tell him the truth that you switched employers. Don't hide anything. Good Luck!
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
more...
jvs_annapurna
04-20 02:32 PM
Hi guys
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.
abhaykul
05-04 02:05 PM
Guys,
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
more...
BharatPremi
07-05 05:00 PM
http://immigrationvoice.org/forum/showthread.php?t=738&page=9
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chandansrs@gmail.com
06-27 05:00 PM
KrishGreen,
Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.
Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.
more...
bergotti
08-23 05:27 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Thanks
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DudefromBombay
09-23 01:20 PM
I am eagerly waiting for the Nov Election results. Can't wait to see Democtas losing House and Senate and can't wait to see the Back of "BARRACK"
more...
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desi3933
07-20 04:26 PM
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Incorrect.
One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.
______________________
Not a legal advice.
Incorrect.
One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.
______________________
Not a legal advice.
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praveenat11
10-05 12:58 PM
Can anyone say when i am going to get my GC if i filed my application for I-485 in EB1 category in oct 2007
more...
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tnite
02-18 01:23 PM
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (http://www.irs.gov/newsroom/article/0,,id=174876,00.html)
The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (http://www.irs.gov/newsroom/article/0,,id=174876,00.html)
The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.
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meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
more...
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chennai
07-11 05:05 PM
I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?
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anai
07-19 08:03 AM
If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.
This is incorrect.
The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.
Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.
This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.
Also, if any of the answers on this thread were useful, consider contributing to IV.
This is incorrect.
The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.
Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.
This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.
Also, if any of the answers on this thread were useful, consider contributing to IV.
more...
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grupak
12-07 11:38 AM
If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.
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Marphad
01-12 12:14 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
This is absolutely illegal. Never never do this.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
This is absolutely illegal. Never never do this.
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gc_bulgaria
02-23 08:38 PM
If we're forced to see the glass half full, delayed 140 processing may actually be good for some people who are about to be laid off and whose 140 is on shaky grounds. It might just buy'em some more time to switch employers and figure out alternatives.
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
vin13
06-25 10:10 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
theperm
05-07 01:11 PM
bumping up~
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