mybid2003
01-09 04:37 PM
Similar most common agreement with most of us is that, we cannot directly or indirectly join direct/indirect client for a period of 12 months. (I don't have the agreement right in front of me). But I think you get the picture. If not, I can post in detail in the evening.
In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?
Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?
Pls let me know.
Thanks in Advance!!!
In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?
Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?
Pls let me know.
Thanks in Advance!!!
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boom
10-01 07:17 PM
Let me know if someone successfully cancelled 2nd application.Is stop payment advisable.As USCIS is saying not to do stop payment.
jonty_11
12-13 04:04 PM
I am sure if Guest Woroker Programs and hence CIR is enacted...there will be a free for all...illegals scrambling to ge their Tax etc in place so that they wont be deported. Hopefully they are not allowed to file for PR so soon that there is a even bigger queue for I485...and even CIR ends up providing no relief to us.
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h1techSlave
10-05 11:15 AM
Any body can ask for documents. But if you ask as part of a law suit, they will have to give it to you. Otherwise, they can just say some nice words and that will be the end of it.
This is what happened to the China-man. They filed a law suit, so DOS/USCIS gave them the information. But DOS/USCIS now hates the China-man.
IV is being very nice to DOS/USCIS. So DOS/USCIS is also very nice to IV.
If you file a lawsuit you can ask for documents.
This is what happened to the China-man. They filed a law suit, so DOS/USCIS gave them the information. But DOS/USCIS now hates the China-man.
IV is being very nice to DOS/USCIS. So DOS/USCIS is also very nice to IV.
If you file a lawsuit you can ask for documents.
more...
kshitijnt
04-17 03:17 PM
i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
addsf345
01-13 04:01 PM
Yes. This is an old case.
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
more...
smari
09-08 04:43 PM
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
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amitjoey
06-26 04:19 PM
Who is paying for IV? to continue work and lobby. Are You?
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WhatheHeck
07-12 01:33 PM
Thank you Dhirajs98 and Pappu.
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cdeneo
09-21 06:24 PM
The text provided on the link below has the following section:
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
more...
greatguy
08-24 05:08 PM
A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
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mrcmic
07-24 06:38 PM
I am in the same boat with you.
485 package was delivered by UPS on NSC and the tracking number shows it delivered on the morning of June 08.
However, until this moment there is still no receipts annd check is not cashed.
As Canadian_Dream suggest, we just have to wait a little more time and if still no result, I will submit another copy for the application.
485 package was delivered by UPS on NSC and the tracking number shows it delivered on the morning of June 08.
However, until this moment there is still no receipts annd check is not cashed.
As Canadian_Dream suggest, we just have to wait a little more time and if still no result, I will submit another copy for the application.
more...
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upuaut
09-10 02:10 AM
Flash has it's own compression which it applies to any raster based graphics which are imported into it.. so, if you bring in a jpg or a png, or a ps doc, it will not add that much to the file. However png's and ps's will use up more processor power than the jpg's if they contain transparency and are located above another object, or are forced to move through tweening or a/s.
At least that seems to be the concensus from my books.
At least that seems to be the concensus from my books.
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sodh
07-18 06:30 PM
Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.
Please follow this advice and answer ASAP.
Please follow this advice and answer ASAP.
more...
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satyasaich
12-05 05:38 PM
Since lot of baby boomers are set to retire, any thing can happen.
Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
I bet they won't let a VB programmer in!!!
Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
I bet they won't let a VB programmer in!!!
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485Mbe4001
02-06 02:53 PM
How does this affect AC 21, can you get a new job as a manager or you have to look for the one you used to apply for GC?
more...
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gauravsh
05-04 02:17 PM
So basically you are cheating the system? correct me if i am wrong.
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
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yestogc
05-07 04:49 PM
There are lot of people both ahead and behind you (of course with their own set of prayers), some get RFE's some don't. But yes as of this writing and at least for this year GC journey is going to be hard and very slow.
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dilbert_cal
04-26 12:21 AM
WillGetGC2005
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
jsb
11-05 03:24 PM
Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
krishnam70
03-05 12:00 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
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