nonimmi
02-20 04:23 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
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rtarar
03-24 08:19 AM
I just got approved for my 3 year extension I am on my 7 th year now.
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
gimme_GC2006
08-10 09:01 AM
It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.
So, if you do not get greened by end of this month, raise another SR request or take an Infopass.
Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?
Just trying to understand, if it is a fact or gut feel
So, if you do not get greened by end of this month, raise another SR request or take an Infopass.
Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?
Just trying to understand, if it is a fact or gut feel
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krishnam70
07-04 10:29 AM
http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/
more...
gapala
04-09 01:43 PM
Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
May bulletin is effective only in May 09, so you are in good shape.
Congrats.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
May bulletin is effective only in May 09, so you are in good shape.
Congrats.
myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
more...
pa_arora
04-21 04:26 PM
Someone told me recently, if ur on EAD and 485 gets rejected, ur H1 can be reinstated. This H1 will not be from the cap and you will only be getting the left over time from 6 yrs.
Is it true, if yes, can someone thow some light on this.
Is it true, if yes, can someone thow some light on this.
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coopheal
02-19 05:24 PM
To people who know about options after returning on AP,
Please summarize it on the wiki.
http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit
Thanks,
Coopheal
Please summarize it on the wiki.
http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit
Thanks,
Coopheal
more...
GCBy3000
04-10 03:58 PM
I am from Wisconsin. I sent an email expressing to volunteer from WI State.
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ngopalak
05-22 08:39 AM
Sounds like a great positive move with Patton Boggs
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boreal
07-28 03:53 PM
I got the LUD on last year's approved AP too on 7/27..wonder why on an approved AP..(PD Jan 06)..maybe because i had applied for its renewal...or maybe a mass system update, as it occured on a Sunday. Dont think we can read anything into such LUDs..only LUD that i would believe in - 'Your 485 has been approved and you are a free man!!!' :-)
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RNGC
02-06 11:51 AM
Thanks for the posts guys...appreciate it.
more...
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ashkam
03-24 11:57 AM
Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.
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Siddharta
01-11 11:03 PM
Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....
Do you have a link to this info anywhere (official website?)
Do you have a link to this info anywhere (official website?)
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snathan
03-15 11:25 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
We are not talking about closing the door. We are talking how the desi companies are abusing the system
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
We are not talking about closing the door. We are talking how the desi companies are abusing the system
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looivy
10-11 06:12 PM
Can IV help expedite I-140 processing? It would benefit a lot of folks who have EAD but do not have I-140 approved yet?
Thanks.
Thanks.
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ilikekilo
02-07 09:15 AM
I dont know of any insurance companies that cover pre-existing conditions..the older one is more the more expensive insurance is and not to mention pre existing conditions and all toehr terms and conditions jargon........ so be very careful... and good luck with your situation...
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thesparky007
04-21 08:01 PM
no word from k-man?
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dilber
12-04 05:51 PM
Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.
Can some one please provide me with the phone number I can call the IO at. thanks in advance
Can some one please provide me with the phone number I can call the IO at. thanks in advance
Ramba
01-11 07:23 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
shana04
07-31 12:40 PM
Gurus,
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
