ken
04-08 02:24 PM
Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
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bharatmb
07-16 02:05 PM
Recently joined IV. The trigger for me was the July visa bulletin fiasco. I am sure that it caused a spike in activity/interest on IV, so, some good will come out of it, hopefully.
However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.
Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.
However, we can't just put all the blame on USCIS/July bulletin fiasco, for all our woes. Getting our apps in at USCIS, will grant us some immediate benefits, but, we still might have to wait for a pretty long time, to get a GC. We also need to look at more permanent solutions through legislation, which would actually reduce the GC backlog.
Attended the SJ rally on the 14th, the turnout was good, but, could have been much better. IMO, the impact will be limited (a one min spot on TV is better than none, but, not enough). The pressure has to come from big company CEOs pushing Congress, IV lobbying efforts, etc.
wang12
06-10 12:11 AM
Dear Sir or Madam,
Does anybody know the fax number of Nebraska Service Center or USCIS ?
Many thanks
Does anybody know the fax number of Nebraska Service Center or USCIS ?
Many thanks
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raju123
12-26 11:37 AM
Good question. SKIL bill will not only help person of person from advance degree in the USA. It has lot of other provisions, which can substaintially reduce a deadly retrogression like, Depondents are not going to count in numeric cap, Master and higher degree from USA will not count in cap (Many master degree holders are in EB3), There are lot of provisions. You can study SKIL bill and realize how good it is.
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
more...
JunRN
06-02 06:18 PM
What happens when a new I-140 was filed but was denied, will USCIS consider the previously approved i-140 for the AOS (i-485)?
kshitijnt
11-12 08:53 PM
Studentoflife:
You can consider filing a request with Department of Labor under freedom of information Act. (FOIA). DOL has a webpage dedicated to FOIA and how to apply. Under this they will be obliged to give you a response in 20 days on whether they will provide the information or not (only yes or no). If they delay more than 20 days, you can file a lawsuit in any US district court. If you prove to the judge that you are entitled to this information, DOL must provide it.
You can consider filing a request with Department of Labor under freedom of information Act. (FOIA). DOL has a webpage dedicated to FOIA and how to apply. Under this they will be obliged to give you a response in 20 days on whether they will provide the information or not (only yes or no). If they delay more than 20 days, you can file a lawsuit in any US district court. If you prove to the judge that you are entitled to this information, DOL must provide it.
more...
chandra_mb
03-10 12:55 PM
H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
"NO"
Nurses come under schedule A which is completely different
Main point---
Nurses is completely a different cap and category.
Thanks for your reply, I do understand the process - sponsor-LCA etc..,
I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet.
Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.
"NO"
Nurses come under schedule A which is completely different
Main point---
Nurses is completely a different cap and category.
Thanks for your reply, I do understand the process - sponsor-LCA etc..,
I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet.
Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.
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TheCanadian
01-25 01:30 AM
I gotsta give it to the snow.
more...
redcard
01-19 01:08 PM
Here is my understanding:
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
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indianabacklog
07-25 11:24 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
more...
willwin
04-15 11:10 AM
Which country did you charge your GC to?
Enjoy the freedom...:)
9 long years! Where else will it be :-)
India -obvious.
Enjoy the freedom...:)
9 long years! Where else will it be :-)
India -obvious.
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gsvisu
07-15 06:26 PM
I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
more...
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justAnotherFile
03-08 08:37 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
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BumbleBee
05-30 12:27 PM
Here we go again....the never ending bad news loop for immigrants (to be)
Source-->
http://www.immigration-law.com/
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm
E. Summary of Final Fees
The USCIS Immigration and Naturalization Benefit Application and
Petition Fee Schedule, the proposed fees, and the final fees
established by this rule are summarized in the attached table.
----------------------------------------------------------------------------------------------------------------
Current Proposed
Form No. Description fees fees Final fees
----------------------------------------------------------------------------------------------------------------
I-90.................................. Application to Replace Permanent $190 $290 $290
Resident Card.
I-102................................. Application for Replacement/ 160 320 320
Initial Non-immigrant Arrival-
Departure Record (I-94).
I-129................................. Petitions for a Nonimmigrant 190 320 320
Worker.
I-129F................................ Petition for Alien 170 455 455
Fianc[eacute](e).
I-130................................. Petition for Alien Relative...... 190 355 355
I-131................................. Application for Travel Document.. 170 305 305
I-140................................. Immigrant Petition for Alien 195 475 475
Worker.
I-191................................. Application for Advance 265 545 545
Permission to Return to
Unrelinquished Domicile.
I-192................................. Application for Advance 265 545 545
Permission to Enter As a
Nonimmigrant.
I-193................................. Application for Waiver of 265 545 545
Passport and/or Visa.
I-212................................. Application for Permission to 265 545 545
Reapply for Admission into the
United States After Deportation
or Removal.
I-360................................. Petition for Amerasian, 190 375 375
Widow(er), or Special Immigrant.
I-485................................. Application to Register Permanent 325 905 930
Residence or Adjust Status.
I-526................................. Immigrant Petition by Alien 480 1,435 1,435
Entrepreneur.
I-539................................. Application to Extend/Change 200 300 300
Nonimmigrant Status.
I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
Immediate Relative/Application
for Advance Processing or Orphan
Petition.
I-601................................. Application for Waiver of Grounds 265 545 545
of Inadmissibility.
I-612................................. Application for Waiver of the 265 545 545
Foreign Residence Requirement.
I-687................................. For Filing Application for Status 255 710 710
as a Temporary Resident.
I-690................................. Application for Waiver of 95 185 185
Excludability.
I-694................................. Notice of Appeal of Decision..... 110 545 545
I-695................................. Application for Replacement 65 130 130
Employment Authorization or
Temporary Residence Card.
I-698................................. Application to Adjust Status from 180 1,370 1,370
Temporary to Permanent Resident.
I-751................................. Petition to Remove Conditions on 205 465 465
Residence.
I-765................................. Application for Employment 180 340 340
Authorization.
I-817................................. Application for Family Unity 200 440 440
Benefits.
I-824................................. Application for Action on an 200 340 340
Approved Application or Petition.
I-829................................. Petition by Entrepreneur to 475 2,850 2,850
Remove Conditions on Residence.
I-881................................. NACARA--Suspension of Deportation 285 285 285
or Application for Special Rule
Cancellation of Removal.
I-914................................. Application for T Nonimmigrant 270 0 0
Status.
N-300................................. Application to File Declaration 120 235 235
of Intention.
N-336................................. Request for Hearing on a Decision 265 605 605
in Naturalization Procedures.
N-400................................. Application for Naturalization... 330 595 595
N-470................................. Application to Preserve Residence 155 305 305
for Naturalization Purposes.
N-565................................. Application for Replacement of 220 380 380
Naturalization Citizenship
Document.
N-600................................. Application for Certification of 255 460 460
Citizenship.
N-600K................................ Application for Citizenship and 255 460 460
Issuance of Certificate under
Section 322.
Biometric Services............... 70 80 80
----------------------------------------------------------------------------------------------------------------
BumbleBee
Source-->
http://www.immigration-law.com/
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm
E. Summary of Final Fees
The USCIS Immigration and Naturalization Benefit Application and
Petition Fee Schedule, the proposed fees, and the final fees
established by this rule are summarized in the attached table.
----------------------------------------------------------------------------------------------------------------
Current Proposed
Form No. Description fees fees Final fees
----------------------------------------------------------------------------------------------------------------
I-90.................................. Application to Replace Permanent $190 $290 $290
Resident Card.
I-102................................. Application for Replacement/ 160 320 320
Initial Non-immigrant Arrival-
Departure Record (I-94).
I-129................................. Petitions for a Nonimmigrant 190 320 320
Worker.
I-129F................................ Petition for Alien 170 455 455
Fianc[eacute](e).
I-130................................. Petition for Alien Relative...... 190 355 355
I-131................................. Application for Travel Document.. 170 305 305
I-140................................. Immigrant Petition for Alien 195 475 475
Worker.
I-191................................. Application for Advance 265 545 545
Permission to Return to
Unrelinquished Domicile.
I-192................................. Application for Advance 265 545 545
Permission to Enter As a
Nonimmigrant.
I-193................................. Application for Waiver of 265 545 545
Passport and/or Visa.
I-212................................. Application for Permission to 265 545 545
Reapply for Admission into the
United States After Deportation
or Removal.
I-360................................. Petition for Amerasian, 190 375 375
Widow(er), or Special Immigrant.
I-485................................. Application to Register Permanent 325 905 930
Residence or Adjust Status.
I-526................................. Immigrant Petition by Alien 480 1,435 1,435
Entrepreneur.
I-539................................. Application to Extend/Change 200 300 300
Nonimmigrant Status.
I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
Immediate Relative/Application
for Advance Processing or Orphan
Petition.
I-601................................. Application for Waiver of Grounds 265 545 545
of Inadmissibility.
I-612................................. Application for Waiver of the 265 545 545
Foreign Residence Requirement.
I-687................................. For Filing Application for Status 255 710 710
as a Temporary Resident.
I-690................................. Application for Waiver of 95 185 185
Excludability.
I-694................................. Notice of Appeal of Decision..... 110 545 545
I-695................................. Application for Replacement 65 130 130
Employment Authorization or
Temporary Residence Card.
I-698................................. Application to Adjust Status from 180 1,370 1,370
Temporary to Permanent Resident.
I-751................................. Petition to Remove Conditions on 205 465 465
Residence.
I-765................................. Application for Employment 180 340 340
Authorization.
I-817................................. Application for Family Unity 200 440 440
Benefits.
I-824................................. Application for Action on an 200 340 340
Approved Application or Petition.
I-829................................. Petition by Entrepreneur to 475 2,850 2,850
Remove Conditions on Residence.
I-881................................. NACARA--Suspension of Deportation 285 285 285
or Application for Special Rule
Cancellation of Removal.
I-914................................. Application for T Nonimmigrant 270 0 0
Status.
N-300................................. Application to File Declaration 120 235 235
of Intention.
N-336................................. Request for Hearing on a Decision 265 605 605
in Naturalization Procedures.
N-400................................. Application for Naturalization... 330 595 595
N-470................................. Application to Preserve Residence 155 305 305
for Naturalization Purposes.
N-565................................. Application for Replacement of 220 380 380
Naturalization Citizenship
Document.
N-600................................. Application for Certification of 255 460 460
Citizenship.
N-600K................................ Application for Citizenship and 255 460 460
Issuance of Certificate under
Section 322.
Biometric Services............... 70 80 80
----------------------------------------------------------------------------------------------------------------
BumbleBee
more...
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masti_Gai
01-05 02:57 PM
he doesn't wanna switch his job. So I don't think he would buy-in this idea of yours. But porting his EB3 PD to EB2 would be the smartest move as the retrogressing is really really killing all of us.
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veni001
02-06 09:46 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
more...
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nvmurali
06-02 07:06 PM
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
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belmontboy
12-08 03:43 PM
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
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swamy
11-03 09:51 AM
I think this has happened a lot and not sonething to worry about before December. If by then you haven't received the receipt - then call them.
dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
MerciesOfInjustices
03-06 08:32 PM
All,
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
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