GKBest
08-20 03:56 PM
This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.
Think of other ways to get even with him.
Think of other ways to get even with him.
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sivaramakrishna
07-21 04:26 PM
E-filed:May 27th
FP:18th June(LUD same day)
Approval:Waiting
FP:18th June(LUD same day)
Approval:Waiting
sam_hoosier
12-13 03:30 PM
:D I am with you on this.
How is this fraud ? What he is doing is legal ;)
How is this fraud ? What he is doing is legal ;)
2011 2010 men, heart, Tattoo
dell123
07-07 07:22 PM
i am just putting an idea, lets plan some hunger strike (one day fast) under american flag for one day! to get justice and get mass media attention..
Just an idea.....
Just an idea.....
more...
syedajmal
02-11 10:18 AM
While we work on bills, is there anything that can be done without a bill but from some kind of an order from the President's office or the Head of USCIS. Getting a bill thru congress in this climate seems next to impossible ( If we could just counter the -ve bills/amendments that would be significant).
What I am trying to say is there something somewhere that can be done with just one office making the decision then we can all make a concentrated effort towards that one office as we do have a few Legal immigration friendly people at every office.
Any ideas????
What I am trying to say is there something somewhere that can be done with just one office making the decision then we can all make a concentrated effort towards that one office as we do have a few Legal immigration friendly people at every office.
Any ideas????
desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
more...
irock
08-05 09:46 PM
PD : Aug 2004, EB2, NSC
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
2010 wallpaper Heart Tattoo Flash
WeShallOvercome
07-27 03:09 PM
It is not late now.
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
more...
gcseeker2002
07-19 11:23 AM
For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
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drirshad
06-05 05:06 AM
Things seems to be so messy that Ron has very cleverly avoided any speculation about the coming up visa bulletin.
http://www.immigration-information.com/forums/showthread.php?t=5185
Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.
Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.
This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.
If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.
If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.
Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.
We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.
Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.
It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.
Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.
The July visa bulletin should be out around Monday, July 14th. Let's see what happens.
http://www.immigration-information.com/forums/showthread.php?t=5185
Ron Gotcher cannot predict the July 2008 visa bulletin, following is what he says.
Historically, about 40% of all immigrant visas/adjustment approvals take place in the fourth quarter of the fiscal year (July - September). The law prohibits the issuance of more than 27% of the quota in any of the first three quarters. All visas that are unused (ordered but not issued) must be returned for use in the fourth quarter. This is why we see most visas being issued in the July - September interval.
This year, there is anecdotal evidence that the government may have violated the law and issued more visas in the first three quarters than permitted by statute. No one really knows if this is true or just the result of inartful language used by government officials. No one has released any absolute numbers as to actual issuances.
If the government did violate the law, then all bets are off and there is no way to anticipate what might be in the works.
If they did not violate the law, however, we can infer certain things from what we have seen thus far. We know that the CIS has enough AOS applications in the existing inventory (backlog) to fill the annual quota four times over. If they were processing with any degree of efficiency, cutoff dates would be backlogged worse that what they were at the start of the fiscal year last October. They aren't.
Because the CIS isn't processing cases at a rate sufficient to exhaust the annual quota, the State Department has had to move cutoff dates forward in order to attract more applicants to file overseas with consulates. This allows the State Department to step up and process immigrant visa applications and help exhaust the quota.
We know that CIS processing has been deficient this year because we have seen forward cutoff date movement. If the CIS were processing large numbers of cases, not only would forward cutoff date movement be wholly unnecessary, it would be grossly irresponsible.
Given the forward movement earlier in the year, I certainly expected to see substantial movement in June. That did not happen. Why it didn't happen is unknown. It could be that the CIS, wishing to avoid a repeat of last year, dropped everything an adjudicated a massive number of cases. I doubt that happened because we haven't seen any evidence of it. Had they approved a huge number of cases in a short period of time, it would have been all over the Internet.
It could also be that, once again, the CIS has solemnly promised the State Department that they really will adjudicate a huge number of cases this time and all those other years where they made the same promise and then failed to follow through don't really count because this time they really mean it.
Whatever the reason for the lack of movement in June, July will tell us what is going to happen for the balance of the fiscal year. If there is no substantial movement in July, then we are unlikely to see much movement in August or September. If there is substantial movement in July, however, we can probably expect to see a retrogression in September.
The July visa bulletin should be out around Monday, July 14th. Let's see what happens.
more...
krishjack
07-02 03:23 PM
Attorney and filing fees - $3200
Medical Examination - $450
TimeOff - $500
Misc - $50
Total - $4200
Medical Examination - $450
TimeOff - $500
Misc - $50
Total - $4200
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saiimmi
01-18 10:49 AM
Come on everyone. I am sure every one needs change from the status quo for better. If we need change we have to be the element of change. Please send in your letters today. It should hardly take 15 minutes.
more...
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lazycis
12-18 10:49 AM
All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.
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vadicherla
06-18 12:21 PM
I support this!!!
more...
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anandrajesh
01-31 10:18 PM
bonded labor?
Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system
Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system
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pappu
08-09 12:52 PM
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
Let's see examples of real cases. Not 'opinions'.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
Let's see examples of real cases. Not 'opinions'.
more...
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thomachan72
05-17 06:48 AM
I dont understand why we are hurt when 2 Indian companies were asked to detail how they used the nearly 20000 H1B visas they procured this time. DAMNN!!! IT IS VERY VERY IMP TO KNOW THAT. How many of these H1s are going to be brought here and sold to other companies, how much and WHO pays them etc. Do you realize how many biotech companies couldn't hire people this time just because these monsters gobbled up all the H1s:mad: :mad: H1 is tailormade to boost the american economy and I firmly believe (just as any other country would wisely do) that the first preferance should be for US companies, OK. If the senators are wise, they will and they should, make it sure this time that this never happens in future. Regarding software, I firmly believe, as somebody mentioned earlier, that they also need to start small training centers everywhere. I dont say that there are not good professionals comming in, but believe me, all those so called mca, pgdca etc etc Man!! some of them even dont know the basics of computer!!
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tonyHK12
11-10 01:34 PM
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years!
This is true and the only one working actively working for our cause. If this organization is not succeeding to its full potential, its only because high skilled immigrants did not support it to the extent they could. Everyone wants to know what IV acheived - with $175???
you can get an idea of contributions from the ticker on the top of this page -
"Goal amount for this month: 10000 USD, Received:"
The illegal lobby is picking up an average of a few hundred thousand dollars each month - result CIR, Dream, lawsuits and support in Media and chambers of govt.
The other part is getting public support, which I feel we already have. breaking news (apologies to faux haters):
http://nation.foxnews.com/arizona-immigration-law/2010/11/10/texas-goes-arizona-style-immigration-law
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years!
This is true and the only one working actively working for our cause. If this organization is not succeeding to its full potential, its only because high skilled immigrants did not support it to the extent they could. Everyone wants to know what IV acheived - with $175???
you can get an idea of contributions from the ticker on the top of this page -
"Goal amount for this month: 10000 USD, Received:"
The illegal lobby is picking up an average of a few hundred thousand dollars each month - result CIR, Dream, lawsuits and support in Media and chambers of govt.
The other part is getting public support, which I feel we already have. breaking news (apologies to faux haters):
http://nation.foxnews.com/arizona-immigration-law/2010/11/10/texas-goes-arizona-style-immigration-law
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seratbabu
02-23 09:48 PM
Thank you all for your valuable suggestions... I have compiled the list from your posts and I will ask my attorney as to what all from here can be submitted...
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
TwinkleM
02-18 11:57 PM
@ Seratbabu,
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
chanduv23
06-20 02:41 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
Desi companies - HIGHLY ADVISABLE TO USE UR OWN LAWYER AND DONT LINK LAWYER AND EMPLOYER - THEY HAVE TENDENCIES TO BECOME BUDDIES BASED ON BUSINESS PROMISES.
TAKE ALL DOCUMENTS FROM EMPLOYER AND GIVE TO LAWYER. U MAINTAIN UPPER HAND WITH LAWYER.
485 RFE IS COMMON FOR EMPLOYER- LAWYER COMBO OF DESI COMPANIES.
Lawyer needs money and employer needs prolongation.
With rules changing and with CIR reintroduction and with Durbin Grassley amendments - Desi companies will be having tough business in future - they will try to retain consultants in whatever way possible. So beware. These people are sweet in their talk - but they do everything opposite to what they talk.
This maybe applicable to non desi companies also - this dates becoming current is an acid test for employer's genuinity.
So be cautious - watchful and get things done in smart way. 180 days down the lane the story is different.
These are priceless advices :D :D :D
Desi companies - HIGHLY ADVISABLE TO USE UR OWN LAWYER AND DONT LINK LAWYER AND EMPLOYER - THEY HAVE TENDENCIES TO BECOME BUDDIES BASED ON BUSINESS PROMISES.
TAKE ALL DOCUMENTS FROM EMPLOYER AND GIVE TO LAWYER. U MAINTAIN UPPER HAND WITH LAWYER.
485 RFE IS COMMON FOR EMPLOYER- LAWYER COMBO OF DESI COMPANIES.
Lawyer needs money and employer needs prolongation.
With rules changing and with CIR reintroduction and with Durbin Grassley amendments - Desi companies will be having tough business in future - they will try to retain consultants in whatever way possible. So beware. These people are sweet in their talk - but they do everything opposite to what they talk.
This maybe applicable to non desi companies also - this dates becoming current is an acid test for employer's genuinity.
So be cautious - watchful and get things done in smart way. 180 days down the lane the story is different.
These are priceless advices :D :D :D