thakkarbhav
08-10 04:19 PM
Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.
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gopi544
10-30 05:02 PM
i worked for 5 years (2005 till now), i will have 4 w2`s and they are asking for all w-2. i have all the w2`s expect for 2006 form previous company which i left in feb 2006.
sgudge
02-13 06:04 PM
ya i know exactly what you want to say , its easy for them follow the pattern.
maybe its best that 1 year i go to visit her and 1 year i call her over here .
:-)
maybe its best that 1 year i go to visit her and 1 year i call her over here .
:-)
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meridiani.planum
11-20 11:36 AM
- If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
the second H1 should be marked for concurrent employment. As long as you follow all rules of the H1 LCA, there is no problem.
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
the second H1 should be marked for concurrent employment. As long as you follow all rules of the H1 LCA, there is no problem.
more...
ho_gaya_kaya_?
11-18 10:45 PM
Do you have the rejection letter along with the returned application or is that with the lawyer?
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
dilbert_cal
02-09 02:04 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
more...
ruchigup
08-18 11:02 PM
This information is helpful. Thanks
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gcgc2005
12-17 10:37 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
more...
tnite
08-24 09:44 AM
Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.
Saravanraj , I sent you a PM .
Saravanraj , I sent you a PM .
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vnsriv
07-05 01:05 PM
Dude,
I don't have 15 mts time to search on forum. I had a question and I asked, Lasantha promptly answered. And you further wasted my time by writing your expert opinion and now I am wasting my time further replying to you. No hard feelings adios!
I don't have 15 mts time to search on forum. I had a question and I asked, Lasantha promptly answered. And you further wasted my time by writing your expert opinion and now I am wasting my time further replying to you. No hard feelings adios!
more...
eb3retro
09-25 09:43 AM
Today i received my EAD card, It says fingerprint not available. I have not yet received FP notice
Has this happened to anybody else, will i have to update EAD card after FP, how does this work
Filed on July 16th, My checks were cashed on 10th Sep
Thanks
vinod
how much time it took between the email (card prod ordered)and you receiving the actual card?
Has this happened to anybody else, will i have to update EAD card after FP, how does this work
Filed on July 16th, My checks were cashed on 10th Sep
Thanks
vinod
how much time it took between the email (card prod ordered)and you receiving the actual card?
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eb2waiter
05-04 08:47 PM
what date is it likely to take effect (become a law)?
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nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
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IV2007
07-19 02:53 PM
Anybody out there recieved reciepts for filing I-485 on July 2nd '07 from NSC ?
-shree
-shree
more...
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sideeque
05-23 01:10 PM
I got 221g pink slip from Chennai-India for Administrative Processing and still waiting for my Visa renewal stamping after 72 days.
They informed me that they cannot give any specific timelines in which the processing will be completed.
I did find lot of people in these same boat in different forums.
They informed me that they cannot give any specific timelines in which the processing will be completed.
I did find lot of people in these same boat in different forums.
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sc3
11-16 09:34 AM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
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madooripraveen
10-13 01:28 PM
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
shows different dates for EB3 India.
May be typo ????
shows different dates for EB3 India.
May be typo ????
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kiran24
06-24 02:24 AM
I had a TB test yesterday. Waiting to go to doctor on Monday to get results. Hope I get negative result :eek:
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davidk
02-16 08:41 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
pappu
01-03 09:10 AM
Hi Pappu,
Please PM me your email id and I'll send that to you today.
himanshu at immigrationvoice.org
Please PM me your email id and I'll send that to you today.
himanshu at immigrationvoice.org
kpchal2
08-10 10:11 PM
HI All
I am worried about my employer. Given the fact about I-485 apps and the last few days of labor in the previous month I have doubts about my employer. He is a very mean and hopeless desi employer and I am worried if he sold out my labor to some high bidder. is there any way i can find out if my labor is still infact in my name. any thoughts
thanks
I am worried about my employer. Given the fact about I-485 apps and the last few days of labor in the previous month I have doubts about my employer. He is a very mean and hopeless desi employer and I am worried if he sold out my labor to some high bidder. is there any way i can find out if my labor is still infact in my name. any thoughts
thanks
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