ajju
09-08 12:26 PM
Dear All:
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??
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micofrost
07-12 11:46 AM
As reported by immigration-law , is this the guy who screwed us,uscis and dos and created this fiasco
eb2_immigrant
04-28 06:32 PM
I truly believe India IS a developed country.
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
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snthampi
05-04 05:52 PM
Why don't send them an email stating that the project ended after 4 months? Don't forget to CC company B.
If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.
If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.
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Bogdan
10-22 11:41 AM
Good morning everyone!
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
no_more_anger
05-07 06:21 PM
Who asked for a combined AP and EAD?
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
Really....you can't see how good that is? I am surprised to the core.
A single document means simplification in filing....not having to keep track of when
which document expires. It will obviously come with lower total filing costs. I prefer if
they just give a single card (like EAD) that has all the details, 485/EAD/AP....so wherever
you go, you just present that card and you are done.....instead of carrying multiple
documents.
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
Really....you can't see how good that is? I am surprised to the core.
A single document means simplification in filing....not having to keep track of when
which document expires. It will obviously come with lower total filing costs. I prefer if
they just give a single card (like EAD) that has all the details, 485/EAD/AP....so wherever
you go, you just present that card and you are done.....instead of carrying multiple
documents.
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manishi
11-18 03:46 PM
Thank you all for explaining me . I now got an idea why still people look at PD's even though they applied for I-485.
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jackrabbit
04-11 12:21 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
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shamin_a
12-09 10:54 AM
Is Visa recapture part of this bill?
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harivenkat
08-05 01:40 PM
.. h1bs will be naturalized ...
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transpass
09-28 01:06 PM
My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
As far as I know, it should not happen. This is bizzare...May be it was a mistake in ur friend's case...
As far as I know, it should not happen. This is bizzare...May be it was a mistake in ur friend's case...
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desiin_va
01-04 04:03 PM
Clink on members list, you should see the number at the bottom
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immiusa
06-17 12:04 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
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nogc_noproblem
07-18 11:10 PM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
more...
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nath.exists
11-02 03:11 PM
Hi,
My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
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snathan
12-20 04:29 PM
I am all up for it & won't mind doing it all...
Then what are you waiting for...start your campaign and publish you action plan.
Then what are you waiting for...start your campaign and publish you action plan.
more...
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desiron
08-13 11:20 PM
As per Murthy web site today:
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
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snathan
08-27 10:12 AM
I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.
I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?
If the responsibilities is more 50% different, its a new job and not a same job where the EB3 was sponsored.
I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?
If the responsibilities is more 50% different, its a new job and not a same job where the EB3 was sponsored.
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james_bond_007
04-03 01:57 AM
thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.
sprash
02-04 05:55 PM
its good you have your backup plan. My case was very similar to yours. I had applied for my AP simultaneously with my wife. While my wife got hers in 2 months, mine was gathering dust. I had to write to the ombudsman to get some action on my case after 4 months had passed. Finally I saw a few LUDs and it turned out to be an RFE!!!! They said I didn't include photos, which clearly wasn't true. They had probably lost my photos. So I resent my photos and included the overnight envelopes. They approved my AP, but still chose to send it by USPS. Pretty aggravating.
nkavjs
08-24 11:55 PM
Me 2
Recd. on 2nd July, NSC, 10.25am, signed by J barrett
no checks .. no news..
and I hate this.
Recd. on 2nd July, NSC, 10.25am, signed by J barrett
no checks .. no news..
and I hate this.
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