GCeffect
12-16 01:35 AM
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
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jasmin45
08-08 04:36 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
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tammigaw
02-06 03:35 PM
All,
i am new member of this community . I greatly appreciate the effort that IV is putting forward to address immgration issue .
I got my green card recently and now i want to leave a blood sucking employer whom i work as independent Contractor after i got my EAD for 3years .Because of his torture of not paying me on time and defaulting some payments and constant harassments i called to quit .
Now i got an offer from a client to join as full time . Now he is threating me with some non compete clause which is redundant , when i signed he said that i cant join his competition .Now he is saying that i cant join with the client as well and threating to pursue legally against me.
i have lot of money at stake. Gurus i greatly appreciate if any one can throw some light in this area and possibly provide me any Lawyers in NJ area .
I apolosize for posting this non relevant issue .
i am new member of this community . I greatly appreciate the effort that IV is putting forward to address immgration issue .
I got my green card recently and now i want to leave a blood sucking employer whom i work as independent Contractor after i got my EAD for 3years .Because of his torture of not paying me on time and defaulting some payments and constant harassments i called to quit .
Now i got an offer from a client to join as full time . Now he is threating me with some non compete clause which is redundant , when i signed he said that i cant join his competition .Now he is saying that i cant join with the client as well and threating to pursue legally against me.
i have lot of money at stake. Gurus i greatly appreciate if any one can throw some light in this area and possibly provide me any Lawyers in NJ area .
I apolosize for posting this non relevant issue .
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kisana
04-11 10:16 PM
Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
more...
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shirish
02-23 02:21 PM
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
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seahawks
07-21 09:28 AM
I'm not sure if Indian citizens are eligible to apply for an investment visa here...
of course they can, investment visa has not country quotas. Money speaks:)
of course they can, investment visa has not country quotas. Money speaks:)
more...
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amslonewolf
08-15 11:45 PM
Hi -
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
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DesiTech
06-01 06:46 PM
You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
more...
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lostinbeta
10-21 12:23 AM
As for me... I go buck-wild
I start off with something, add something to it, add some more touches and voila.
Sometimes I start with a custom shape, sometimes I start with the line tool, sometimes the paintbrush, gradient, whatever.
Just try stuff out and go nuts.
As for Edwin... he just has to think and his computer makes what is in his head.
I start off with something, add something to it, add some more touches and voila.
Sometimes I start with a custom shape, sometimes I start with the line tool, sometimes the paintbrush, gradient, whatever.
Just try stuff out and go nuts.
As for Edwin... he just has to think and his computer makes what is in his head.
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bluez25
08-26 02:41 PM
Hi guestforgc,
If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?
Contact your attorney and see what are your options.
If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?
Contact your attorney and see what are your options.
more...
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saimrathi
08-10 03:51 PM
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
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rolrblade
07-26 09:37 AM
The Link is not working.
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
Sir;
What you have asked is for someone to explain the Bible to you since you only know who Jesus is :D
Anyways, I will be happy to educate you. Send me your phone no. (if you want) to rolrblade@hotmail.com and I will call you and answer your questions.
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
Sir;
What you have asked is for someone to explain the Bible to you since you only know who Jesus is :D
Anyways, I will be happy to educate you. Send me your phone no. (if you want) to rolrblade@hotmail.com and I will call you and answer your questions.
more...
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kak1978
10-26 02:58 PM
I gave you green .. be happy .. and keep helping others
Well, thank you. I am returning the favour.
Well, thank you. I am returning the favour.
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thomachan72
06-10 11:45 AM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
Premium should get it done in less than one months
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
Once the 140 is withdraws things can become problematic. It is not very safe as per my limited knowledge
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
copies of previous approvals
5. Does the new job need to be the same title and job requirements as the old one?
absolutely yes
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
Premium should get it done in less than one months
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
Once the 140 is withdraws things can become problematic. It is not very safe as per my limited knowledge
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
copies of previous approvals
5. Does the new job need to be the same title and job requirements as the old one?
absolutely yes
more...
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smuggymba
03-07 01:24 PM
How many years do you have left on your H-1?
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
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freddy22
07-17 06:52 PM
There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.
And why is that?
The misdemeanors could be NOT CMT....only CMT crimes are deportable or serious felonys right?
If the crimes are not crimes of moral turpitude then they are not deportable under immigration law?
Please explain your viewpoint as to why you think they would deport someone with a record of misdemeanors that are NOT CMT
And why is that?
The misdemeanors could be NOT CMT....only CMT crimes are deportable or serious felonys right?
If the crimes are not crimes of moral turpitude then they are not deportable under immigration law?
Please explain your viewpoint as to why you think they would deport someone with a record of misdemeanors that are NOT CMT
more...
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sk.aggarwal
11-11 04:49 PM
My 2 cents:
Dont take this lightly or depend on free services. Call and schedule a paid consultation with good immigration firm. I am sure you will get your money's worth. Atleast you will know if anything could be done to salvage the situation
Dont take this lightly or depend on free services. Call and schedule a paid consultation with good immigration firm. I am sure you will get your money's worth. Atleast you will know if anything could be done to salvage the situation
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morchu
06-25 10:48 PM
I believe the employer cannot legally penalize you for leaving the job. But some expenses like, "sign on bonus" are legally refundable if you don't agree to the terms mentioned. So it really depends on what exact expense they are asking (or otherwise based on the definition of a "penalty" vs "refund"). Also the employment laws differ between states (for example some allow non-compete agreements and some don't).
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sbdol
07-29 02:07 AM
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
You would agree that the majority of the July gold rush comes from two sources:
1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.
The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.
You would agree that the majority of the July gold rush comes from two sources:
1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.
The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.
thomachan72
09-08 01:19 PM
Both Shaktisagar and Greyhair make very valid points. Which side wins the argument well only time will tell. Nothing works the way it ideally should. The world is evolving and this recession and all this policies are all part of the evolution. People have started rethinking the value of having money versus true peace/hapiness slowly. In the US the disparity was partly hidden by the "plastic". Everybody was given a plastic and everybody could buy and live the "dream". Well that has just about ended to some extent. The problem is that, it is just about begining in Indian/china/brazil and russia.
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
lvaka
05-19 01:19 PM
Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
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