485Question
10-30 07:27 PM
http://immigrationvoice.org/forum/showthread.php?t=14756
permfiling
12-09 10:40 PM
My cousin has a offer from a employer in CA who is willing to do H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
Karthikthiru
07-21 05:39 PM
The best thing to do in your case is to contact the local congress men or one of your Senator
Robert Kumar
01-03 08:51 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.
All,
Thank you.
So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
My EB3 will take some more time.
All,
Thank you.
So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
My EB3 will take some more time.
more...
thomachan72
11-23 02:40 PM
Makes perfect sense. Hopefully one day Indian and chinese EB applicants will have the complete backing of the immigrant citizens from these countries. If that happens then EB voice will be heard. Until then we can take comfort in reading such articles:o:o
bharmohan
07-23 10:56 PM
Hello,
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
more...
chansek
07-21 11:38 PM
Hi,
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
shx
04-28 05:25 PM
This statement is utter nonsense.
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
more...
MAEB2TR
09-04 10:42 AM
I heard that too. If your attorney feels confident, then proceed with the filing.
LongJourny
01-23 12:56 PM
Hi guys,
Please respond to my previous post and help me, if you can, as soon as possible. I planning to fix an appointment. Your help is greatly appreciated. Thanks in advance.
Please respond to my previous post and help me, if you can, as soon as possible. I planning to fix an appointment. Your help is greatly appreciated. Thanks in advance.
more...
sac-r-ten
06-17 12:15 PM
Tell me the one which you developed and i won't buy it from the apple store. since if DOL/USCIS catches you and apple removes the support for it then i won't be a happy person.
Just kidding.
Go ahead man. live your dream. why bother about trivials like DOL/USCIS.
Just kidding.
Go ahead man. live your dream. why bother about trivials like DOL/USCIS.
alterego
02-11 06:07 PM
A good article supporting a sensible plan.
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
more...
mhb
05-31 12:51 PM
called senators from my state
contributing $ 50 per month
contributing $ 50 per month
jcrajput
10-01 11:31 AM
They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.
more...
swartzphotography
January 31st, 2008, 01:19 AM
well as mats was saying buy a used piece of equipment at a bargain and you can save some moola to get lenses tailored to what you want to do with the camera. My suggestion is an old canon rebel 300 d. I know it seems to be an old forgoten camera but it is still in my camera bag as my secondary camera. Yes it has limits in functionality over the xt or the xti. But i believe one can be bought on ebay for less than the sony cybershot is new. And it has all the features you will need for your class. Plus as i said get some good lenses. cameras come and go lenses are forever.
smuggymba
10-08 05:14 PM
GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
more...
seahawks
09-09 12:51 PM
Calling all WA State (OR also) IV members to join yahoo group. We need to coordinate stuff and contact all of you as a group, so please join the yahoo group created for channelizing IV message, organizing and sharing the vision and bringing awareness to Northwest region on Legal Immigration issues.
http://groups.yahoo.com/group/WA_Immigration_Voice/
Thanks and appreciate your help
http://groups.yahoo.com/group/WA_Immigration_Voice/
Thanks and appreciate your help
njboy
12-17 09:51 AM
suman, what was the reason it was denied? Each reason has a different recourse, for some reasons there may be none..
sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
xtetic
03-11 09:37 AM
from what i understand it is legal for now, but for sure it might raise some eyebrows. i for one know this guy who applied 2 h1's from 2 employers from india. he did get his receipt# from one of them but he got a rfe nd got rejected. i don't know details if the rfe was for 2 apps or for some other issue with the cmpy itself.....will try to contact that guy n d update here
newbee7
07-05 12:53 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
0 comments:
Post a Comment