gcformeornot
04-07 01:27 PM
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
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krishmunn
01-18 10:06 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
sanjayc
05-27 08:45 PM
Can you please help, if there are some instructions handy. I am having difficulty for following fields
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
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senthil1
07-12 12:01 AM
Various conspiracy theories are
1. They made all PD current for July to encourage legal immigrants to support CIR. CIR is failed they backed out on July. But it has weak argument as they moved PD for about 2 years in previous month.
2. They made PD current based on rules and regulations as 60k Visa was available. But USCIS may lose fees increase so they backed out to get more revenue. If this is correct they will make all PD current in Oct 2007. But I do not think this will be reason as just for more money for Organization anyone will risk their career. If anyone gets personal financial gain then they might do but here there is no chance for that
3. Because first 2 weeks of June not much approvals of I485 DOS made all PD current. But when USCIS started approving cases they realized that there were enough applications already and alerted DOS and DOS issued revised VB
4. USCIS does not want flooding of I485 applications as that will be shown up as backlog. To prevent that they asked DOS to issue revised VB
There is going to be 3 important questions in Lawsuit(If court accepts lawsuit for consideration) or congress hearing(if happens)
1. Whether DOS or USCIS violated law in issuing revised VB.
2. Whether they violated law in bypassing FBI check for applications to make Visa numbers unavailable
3. Why they could not accept the I485 applications based on First VB? What is the need for issuing revised VB?
If this is true it's really horrible and scary that this gov. agency is handling our applications.
1. They made all PD current for July to encourage legal immigrants to support CIR. CIR is failed they backed out on July. But it has weak argument as they moved PD for about 2 years in previous month.
2. They made PD current based on rules and regulations as 60k Visa was available. But USCIS may lose fees increase so they backed out to get more revenue. If this is correct they will make all PD current in Oct 2007. But I do not think this will be reason as just for more money for Organization anyone will risk their career. If anyone gets personal financial gain then they might do but here there is no chance for that
3. Because first 2 weeks of June not much approvals of I485 DOS made all PD current. But when USCIS started approving cases they realized that there were enough applications already and alerted DOS and DOS issued revised VB
4. USCIS does not want flooding of I485 applications as that will be shown up as backlog. To prevent that they asked DOS to issue revised VB
There is going to be 3 important questions in Lawsuit(If court accepts lawsuit for consideration) or congress hearing(if happens)
1. Whether DOS or USCIS violated law in issuing revised VB.
2. Whether they violated law in bypassing FBI check for applications to make Visa numbers unavailable
3. Why they could not accept the I485 applications based on First VB? What is the need for issuing revised VB?
If this is true it's really horrible and scary that this gov. agency is handling our applications.
more...
ilikekilo
05-05 11:42 AM
Wasnt there a recent settled law suit that could evnetually force USCIS to consider and work on a petition if its pending for more than 180 days?
Then I suppose this non concurrent priocessing may be a good thing...isnt it?
I still cant fathom what would be the real consequences of this non concurrent processing..anyone?
going to the comments section, I believe its just a "process" to go thru...
I did submit comments when they proposed fee hike for many gc applications like 485, 140 etc.. they receveid lot of comments BUT they went ahead and increased the fee anwyays...:)
Then I suppose this non concurrent priocessing may be a good thing...isnt it?
I still cant fathom what would be the real consequences of this non concurrent processing..anyone?
going to the comments section, I believe its just a "process" to go thru...
I did submit comments when they proposed fee hike for many gc applications like 485, 140 etc.. they receveid lot of comments BUT they went ahead and increased the fee anwyays...:)
leoindiano
03-17 10:02 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
more...
wandmaker
01-02 02:30 AM
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
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smuggymba
08-13 01:48 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
ROFL....obama needs a calculator
ROFL....obama needs a calculator
more...
desi3933
06-13 05:26 AM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
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PHANI_TAVVALA
12-02 10:08 PM
Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.
more...
viper673
06-08 11:11 PM
Hi Dingudi,
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
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blacktongue
10-14 03:23 PM
So basically it is idea without a timeline and no actual document prove?
more...
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VivekAhuja
03-18 06:26 PM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
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snathan
04-22 08:24 PM
I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
It seems he is trying to scare you...pay few hundered dollars to an attorney and check.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
It seems he is trying to scare you...pay few hundered dollars to an attorney and check.
more...
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mhathi
02-25 02:51 PM
The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.
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GC_1000Watt
12-03 02:43 AM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
Many congratulations. I will appreciate if you can share your experience in detail.
1)The documents you carried along with you.
2)Hotel where you stayed
3)Did you have the tourist visa for mexico?
4)Did you get H1B for 3 years or less?
5)Questions VO asked.
Thanks.
Many congratulations. I will appreciate if you can share your experience in detail.
1)The documents you carried along with you.
2)Hotel where you stayed
3)Did you have the tourist visa for mexico?
4)Did you get H1B for 3 years or less?
5)Questions VO asked.
Thanks.
more...
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TeddyKoochu
01-06 09:11 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
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snathan
05-19 03:13 PM
Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .
As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
Also they didnt send me the relieving letter and others indian PF etc.
They even paid less that that was specified in the LCA.
I would like to know if you had complaint DOL on this ?
Regards
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .
As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
Also they didnt send me the relieving letter and others indian PF etc.
They even paid less that that was specified in the LCA.
I would like to know if you had complaint DOL on this ?
Regards
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
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joydiptac
09-30 05:37 PM
I liked the tone and tenor of aila...
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
anantken
07-21 09:32 AM
I am also having the same case... my PD is May 2006. I filed for I-485 in July 2007. Until today I haven't received the FP Notice.. Last yr I have received AP, EAD but no FP yet..
Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.
I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.
Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.
I dont know what to do now. my service center is TSC.
Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.
I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.
Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.
I dont know what to do now. my service center is TSC.
baba84
04-26 03:28 PM
what does your lawyer say about the matter?
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