Friday, June 10, 2011

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  • dealsnet
    10-20 06:03 PM
    You will not any answer for illegal matters.
    What you did is illegal. Any H1B person can know H4 cannot work.
    It is not the matter of ignorance.
    Please see a lawyer.

    Still looking for a knowledgeable response specifically to the questions asked.





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  • dixie
    08-09 08:58 AM
    NoBody will get greencard .it is a scam.
    that seems a more realistic prediction :D





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  • abhijitp
    12-19 07:39 PM
    Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
    Not true. They won't ask you anything. I would get my FP done. Then have your attorney write a letter to the USCIS explaining why you submitted two AOS applications, then asking them to keep any one "approvable" of the two AOS applications you submitted. This, I was told by an attorney during a private consultation call. Hope this helps. Best advice is, please consult an attorney:)





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  • schandra
    11-25 09:10 AM
    Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
    I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
    Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
    Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
    But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
    What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).



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  • Canadian_Dream
    11-30 02:18 PM
    Can you put the exact working of the status ?

    Is it one of the following ?

    Current Status: Notice mailed welcoming the new permanent resident.

    or

    Current Status: Document mailed to applicant.

    or

    something else.





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  • hydboy77
    06-22 07:19 PM
    good one. Here is the schedule for USCIS
    2009 Pre-Adjudicate 485
    2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
    2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
    2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
    2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
    2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485

    and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.

    Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.




    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D



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  • chanduv23
    07-05 12:43 PM
    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?

    Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.





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  • arunmohan
    11-19 03:42 PM
    job A designation is Software engineer
    Job B designation is DBA
    description of both jobs are almost same.
    If i switch job using AC21 is there any problem with USCIS?
    what is the chance of getting RFE in future?
    guys please help me on this question.



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  • EndlessWait
    01-10 02:48 PM
    Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."

    Anybody in the same shoes?





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  • diptam
    09-07 08:14 AM
    Which company will create a new PERM and new I-140 for someone in this economy ? The chances of rejection are high , the audit chance is also hanging...

    That was exactly my plan 2.5 years ago when i applied for my I-140 and I-485 in 2007 (PD is Mar '05 EB3) however USCIS approved my I-140 in Jan 2009 which was too late. The economy was already in deep recession with unemployment sky rocketing. If my I-140 approval would have come 6 months earlier ( before Lehmann broke) I would have pulled through a new PERM and new I-140.

    Anyway , that's what i was destined so I didn't get I-140 in regular time frame. :)

    If you can try for it that will make your GC faster.



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  • like_watching_paint_dry
    09-07 09:59 AM
    I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).

    Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.

    I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?





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  • sankar_203
    08-04 02:51 PM
    Hi,

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?
    May be
    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
    May be
    3. If so how would I approach from here?
    Consulting with an attorney
    4. Has anybody similar experiences with their employers?
    yes me and my friend did
    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
    Not at all advisable..patience is virtue in this matter..
    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
    Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..

    Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??



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  • desi3933
    06-26 12:35 AM
    Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

    I highly appreciate your warm assistance.

    NaturopathicPT

    Please consult an attorney that deals with Employment and Contract law in your employer's state. Some things are legally binding and other are not. It depends on your agreement terms.


    __________________
    Not a legal advice





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  • yvjoshi100
    03-31 09:48 PM
    Congrats.
    Can you tell us how much time USCIS took to approve your 485 after they approved your new EB2 based I-140 with dates ported from your previous EB3 based I-140. Also did you communicate seperately with USCIS to inter file your old 485 with new I140 approval or by just mentioning your A# on your I-140 application every thing for I-485 linking was automatically taken care by USCIS on their own.

    Would greatly appreciate if you can share above info with us.



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  • sk26
    04-13 03:46 PM
    In my Query it states as 30 days...

    This is my first post, in this website.

    I recieved an RFE on my I-485 .

    This is a brief summary as to what was asked,
    if I am still working for the current employer, or for an intended future employer.

    1. Specific Job Title
    2. Duties of the offered position
    3. Minimum education or training requirements
    4. Start date of the employment.
    5. Offered salary or wages.

    Mine is EB-2 PD APRIL -04.

    I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.

    Did any one get similar RFE , plase let me know more in detail

    My concern is why would USCIS want to know these details at this stage?

    Thanks
    SK26





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  • tikka
    08-10 04:07 PM
    Get some inspiration

    qtW8h5vLfn4

    and make it to the meeting and rally :)

    see you there..



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  • vivache
    09-21 04:47 PM
    Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.

    I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.

    Wouldn't it make sense to lobby for an interim EAD in following cases:
    1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
    2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?

    Not sure if this issue has been debated before.





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  • weasley
    10-20 06:06 PM
    I think you have got knowledgable response.
    1. It is illegal to work on H4.
    2. Your wife is OOS.
    3. You need a good lawyer.
    You cannot expect better response than these unless you are expecting IV members to suggest some illegal ways to overcome your situation (if you are truly in that situation). I am sure you are not going to get any response than above as IV stands for Legal Immigration.



    Still looking for a knowledgeable response specifically to the questions asked.





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  • schandra
    12-01 05:44 PM
    Thanks Better_Days for the reply.
    It is response like these that give us some hope to this never ending quest.

    It is good to know that you can file a New PERM and a second I-140.
    But do you know whether we can file a New I-140 on the basis of the original labor instead of filing a New Perm? I ask this bcoz in cases like mine where i have already exhausted 6yrs, would be difficult to file a PERM now.
    I see in some other thread, they did file a new I-140 and they were requested to first withdraw the Appeal, but in that case, do we know whether the new I-140 was approved first before we withdraw?





    ramaonline
    03-18 02:33 AM
    You can take an infopass appt at the local office and speak to an immigration officer. I know of a similar case where the USCIS officer said that the derivative 485 application is no longer valid after divorce, and the derivative application will be denied. He sent some email to the service center asking them to deny the derivative 485. The primary 485 was still approved - I don't know what happened to the spouse's application.

    In any case as long as you are the primary applicant, and spouse is a derivative applicant- your 485 application will not be affected.





    ahiyer
    09-08 10:47 AM
    I am a little skeptical about how this would work.

    Wont they charge you for International dialing when calling from here?

    lastly, is it legal?



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