somegchuh
07-16 02:41 PM
NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D
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sertasheep
08-03 10:01 PM
If PA members can't make it to the rally, I suggest that members can atleast cheer and meet up with other members who are in transit (eg, provide moral support, refreshments, by meeting at some rest area in MD or DE)
Thoughts]?
Thoughts]?
desi3933
03-13 02:48 PM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
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s416504
08-29 03:56 PM
Bump^^^1
No Receipting Update as on 29th Aug 89 76.72%
Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
Receipted after 29th Aug From NSC (LIN) 1 0.86%
Receipted on/before 29th Aug From TX (SRC) 6 5.17%
Receipted after 29th Aug From Texas (SRC) 1 0.86%
Receipted on/before 29th Aug From VT/CA 2 1.72%
Receipted on/before 29th Aug From VT/CA 0 0%
Voters: 116. You have already voted on this poll
No Receipting Update as on 29th Aug 89 76.72%
Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
Receipted after 29th Aug From NSC (LIN) 1 0.86%
Receipted on/before 29th Aug From TX (SRC) 6 5.17%
Receipted after 29th Aug From Texas (SRC) 1 0.86%
Receipted on/before 29th Aug From VT/CA 2 1.72%
Receipted on/before 29th Aug From VT/CA 0 0%
Voters: 116. You have already voted on this poll
more...
immigrationSantosh
02-06 08:29 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
desi3933
07-13 09:48 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
more...
tikka
06-25 12:41 PM
http://immigrationvoice.org/forum/showthread.php?t=5470
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
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walking_dude
12-05 02:10 PM
I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
more...
kennyc
May 24th, 2005, 07:50 PM
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krishnam70
02-17 05:18 PM
Another op-ed should be coming soon in another media
may be quoting some of the links like below could give the article more coverage.
http://blogs.ilw.com/gregsiskind/2009/02/h1b-visas-and-the-banks-the-real-story.html
may be quoting some of the links like below could give the article more coverage.
http://blogs.ilw.com/gregsiskind/2009/02/h1b-visas-and-the-banks-the-real-story.html
more...
abhishek101
05-17 05:50 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
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Blog Feeds
03-12 08:40 PM
I've been impressed by Senator Graham's willingness to help move forward immigration reform, but this is really pathetic. Graham reported on his meeting today with President Obama and Senator Schumer. Most of it sounds good until you get to this lovely part:I expressed, in no uncertain terms, my belief that immigration reform could come to a halt for the year if health care reconciliation goes forward. For more than a year, health care has sucked most of the energy out of the room. Using reconciliation to push health care through will make it much harder for Congress to come together...
More... (http://blogs.ilw.com/gregsiskind/2010/03/graham-pass-health-care-and-well-kill-immigration-reform.html)
More... (http://blogs.ilw.com/gregsiskind/2010/03/graham-pass-health-care-and-well-kill-immigration-reform.html)
more...
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lostinbeta
10-15 10:42 PM
Very excellent, I have other grunge brushes, but these will come in handy.
=)
Thanks no-tec :)
=)
Thanks no-tec :)
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citruxz
01-15 10:05 PM
waiting in the new congress
Check the Bill H.R.264
http://thomas.loc.gov/home/c111query.html
Check the Bill H.R.264
http://thomas.loc.gov/home/c111query.html
more...
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Green.Tech
08-03 12:10 PM
Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.
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cris
01-09 07:33 AM
I wish both of them good luck to get visa stamp. it will be tough taking into consideration there is indian invasion in US. there are a lot of indians here in US on legal status,but a considerable precentage of indians coming here on visitor visa and stay illegally after I94 expired and trying to convert "visitor" visa to something else.
more...
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knowDOL
06-20 07:14 AM
I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.
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abhikal
04-28 06:23 PM
Hi guys,
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?
Thanks for your help and replies
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?
Thanks for your help and replies
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nozerd
01-20 11:51 AM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
LONGGCQUE
05-12 04:16 PM
A friend at my workplace is current and is waiting .... I know atleast 3 cases at my workplace who are current in May bulletin and waiting
ssterian01
07-05 01:33 PM
Thanks a lot, prem_goel.
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
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