jsb
11-02 11:56 AM
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
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Roger Binny
05-09 09:15 PM
Yup, kshitijnt you are right on target, we need to do some thing constructive and let our voices heard.
BECSufferer made it right heading...channel your anger.
My intention was more to think in right way and discourage potential -ve result bound strategies.
During presidential campaign there were all over promises on clearing backlogs, we can go on that basis and make a point of that.
One thing is clear if they like to stop outsourcing sure they have to encourage and stream line legal immigration they cannot stop or survive but cutting outsourcing as well leaving this legal immigration in limbo.
Besides what we can do at this juncture, keep our voices heard by contacting, writing letters.
1. In a world leading country processing a decade back applications is not an encouraging trend to legal immigration, this may send a wrong signal to legal immigration over illegal immigration.
2. Can highlight ecomonic point based on these math...
Ex: 500,000 EB backlog persons contribution to the country, social taxes = xxx, medicare = xxx, travel=xxx, housing =xxx.
Will add more.....
BECSufferer made it right heading...channel your anger.
My intention was more to think in right way and discourage potential -ve result bound strategies.
During presidential campaign there were all over promises on clearing backlogs, we can go on that basis and make a point of that.
One thing is clear if they like to stop outsourcing sure they have to encourage and stream line legal immigration they cannot stop or survive but cutting outsourcing as well leaving this legal immigration in limbo.
Besides what we can do at this juncture, keep our voices heard by contacting, writing letters.
1. In a world leading country processing a decade back applications is not an encouraging trend to legal immigration, this may send a wrong signal to legal immigration over illegal immigration.
2. Can highlight ecomonic point based on these math...
Ex: 500,000 EB backlog persons contribution to the country, social taxes = xxx, medicare = xxx, travel=xxx, housing =xxx.
Will add more.....
GC08
07-08 05:11 PM
unfortunately more than 80% of backlog elemination is completed, so labor substitution even though it is removed from july 16 has already done its damage. scores of people have already done labor substitution.
How come they did not stop the substitution right away? Instead, giving it another month. Wish they gave the visa bulletin another month. :cool:
How come they did not stop the substitution right away? Instead, giving it another month. Wish they gave the visa bulletin another month. :cool:
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gvenkat
01-30 10:53 PM
If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
more...
prince_waiting
08-14 01:32 AM
Hi Prince_waiting,
Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.
Regards,
IK
Hi IK,
Thanks for the clarification, It was along expected lines. I guess my lawyer was trying to get me to send the application ASAP.
Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.
Regards,
IK
Hi IK,
Thanks for the clarification, It was along expected lines. I guess my lawyer was trying to get me to send the application ASAP.
dkshitij
02-25 09:58 AM
Tony,
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
more...
tonyHK12
02-16 11:13 AM
thanks bikram_das_in, raghav0, rkg000. c'mon everybody, still 45K to go...
Total Contributions...........$5,075.00
Amount to be raised.......$44,925.00
.
Total Contributions...........$5,075.00
Amount to be raised.......$44,925.00
.
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saileshdude
08-15 01:43 PM
Guys,
I am in the process of applying for EAD renewal. I have few questions:
On the I-765 form,
Q.11 if applied for EAD before , complete below.
But there is nothing below other than your signature and date. It does not ask you of previous EAD information. What does "complete below" means?
Q.16 The Eligibility here would (c) (9) for I-485 applications correct?
Where do I mail this application . My AOS is pending at TSC.
Thanks.
I am in the process of applying for EAD renewal. I have few questions:
On the I-765 form,
Q.11 if applied for EAD before , complete below.
But there is nothing below other than your signature and date. It does not ask you of previous EAD information. What does "complete below" means?
Q.16 The Eligibility here would (c) (9) for I-485 applications correct?
Where do I mail this application . My AOS is pending at TSC.
Thanks.
more...
ksiddaba
07-03 12:50 AM
If you can make a concerted effort and we can ensure a large number of people will actually send the flowers, it would make a great media story. A wonderful splash on the media pages. American media will eat it up. Then get one of the IV core members to actually go on the air and explain the problem.
It's really not a bad idea.
It's really not a bad idea.
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dixie
10-18 02:14 AM
I was in a similar situation .. my employer ended up applying using my bachelor's degree. You can do that, as long as you are not claiming one of the 20000 visas exempted from the cap for masters degree holders.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
more...
slowwin
02-12 01:37 PM
"self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
" i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
peace.....!!!
" i did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
peace.....!!!
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rc0878
08-27 02:31 PM
Filed I485/EAD/AP on July 19th @ NSC. Checks not cashed yet...No receipt#
more...
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eb3_nepa
11-21 04:27 PM
I dont mean to sound uncaring here (our prayers and support is with Mehul too), but almost no one has answered his original question.
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YesGC_NoGC
06-27 10:48 AM
So they are bining you for 1 year after getting the GC. What is you leave them prior to getting GC that's after 180 days of filing?
or remain on the bench by not clearing the interview and see for how long they can continue to pay you!!
May end i had 11 day bench but they paid in full... They are good in some aspects that's why i stayed with them for 2.5 yrs....
But signing a binding contract for an indeterminate period ( I yr after GC)
is making me worried !!
or remain on the bench by not clearing the interview and see for how long they can continue to pay you!!
May end i had 11 day bench but they paid in full... They are good in some aspects that's why i stayed with them for 2.5 yrs....
But signing a binding contract for an indeterminate period ( I yr after GC)
is making me worried !!
more...
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kg318
04-22 09:44 PM
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
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Jelena
07-07 10:46 PM
My vote goes for DC on 7/14. Many people like me might have already used their time off recently to get a medical exam and paperwork for I-485. I live in Baltimore area and simply cannot make it to DC on a weekday. If I lose my job I won't get a green card - as simple as that.
If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.
If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.
more...
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jaihind
04-24 12:39 PM
Folks
Is there any link to contribute to help his family ??
Let me know please.
Bala
Is there any link to contribute to help his family ??
Let me know please.
Bala
girlfriend Viva la Vida or Death and All
gkattalu
08-20 12:53 PM
Buddyinsd,
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
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JunRN
08-27 05:35 AM
Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....
tonyHK12
02-05 04:10 PM
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
saro28
09-09 08:21 PM
I don't see this visa bulletin published in USCIS site yet. Could the dates be mistake?
I noticed that the date is not complete at bottom of bulletin
September 9, 200
I noticed that the date is not complete at bottom of bulletin
September 9, 200
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