H1bslave
11-08 10:55 AM
I work for Fortune 100 company and we are celebrating Diwali on Friday. There are flyers on all the corners and are expecting more than 500 co-workers for pot-luck lunch. And the best part, organizer and main activists are non-Indian. So its just another festival in the mix that everybody is looking to enjoy. This is our first gathering followed by 4-5 more before end of the year.
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vinodmp
02-10 11:04 AM
Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
bestia
08-16 05:54 PM
Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".
This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.
Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.
So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.
This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.
Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.
So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.
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superdoc
09-19 03:23 PM
Here is my dilemma--
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
more...
getgreened2010
09-27 10:38 AM
We applied at TSC (e-filed) 2 weeks earlier than your and got a decision last week. So you probably could get a decision soon in about 2 weeks.
Thanks for the reply.
I have another question: Were you applying AP for the first time or renewal ?
Thanks for the reply.
I have another question: Were you applying AP for the first time or renewal ?
BharatPremi
11-08 12:27 PM
As usual you twisted my point to make it out that I dont have any "cultural values," as you define it.
I think chandu and paskal in their subsequent msgs got my point exactly that we should promote happy <festival> of all regions/traditions rather than focusing on the majority one.
That would promote IV's agenda rather than distract from it.
Its people like you with your misguided "cultural values" that are the cause of problems around the world. You are like the Indian version of ALIPAC.
Happy Diwali to you.:)
I think chandu and paskal in their subsequent msgs got my point exactly that we should promote happy <festival> of all regions/traditions rather than focusing on the majority one.
That would promote IV's agenda rather than distract from it.
Its people like you with your misguided "cultural values" that are the cause of problems around the world. You are like the Indian version of ALIPAC.
Happy Diwali to you.:)
more...
kaisersose
07-09 11:29 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
2010 FUNNY PEOPLE - No, you really
mdmd10
08-18 11:43 PM
This guy Beck is such a joke!
All we need is someone like him who goes around bullsh**g by making up some scare story and playing the media.
All we need is someone like him who goes around bullsh**g by making up some scare story and playing the media.
more...
vishwak
08-11 09:40 AM
How did this law firm manage to get hands on Bulletin before official release???
Which law firm you are talking about???
its already out in travel.state.gov
Which law firm you are talking about???
its already out in travel.state.gov
hair Pictures#39; quot;Funny Peoplequot;
anilsal
06-23 01:20 PM
USCIS is trying to help the filers to get 2 year EADs.
more...
cnstudd
07-12 07:00 PM
Can someone please update this thread with your success with G-639 or I-824, requesting a copy of I-140 approval notice?
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paskal
12-17 03:22 PM
I believe congratulations are in order if I am not mistaken.
Congrats! nashorn for your approved EB1
Good luck.
if this true congratulations are in order!
it's great...enjoy it! :)
Congrats! nashorn for your approved EB1
Good luck.
if this true congratulations are in order!
it's great...enjoy it! :)
more...
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immilaw
09-22 07:23 PM
I applied for FOIA on my 140/485 petitions and I have got scanned copies of the file. It took more than an year to get the copies.
To my surprise and disappointment, 140 approval notice was not included in the copies they have sent.
When you file FOIA, that what you are supposed to get. If you want the approval notice you should have I-864. FOIA, request only gets you the documents in file.
To my surprise and disappointment, 140 approval notice was not included in the copies they have sent.
When you file FOIA, that what you are supposed to get. If you want the approval notice you should have I-864. FOIA, request only gets you the documents in file.
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bottlemani
04-26 07:57 AM
I am so proud of you guys! Excellent job!!!!
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indianabacklog
06-18 02:00 PM
USCIS issues Employment Authorization Documents (EAD) in the following categories:
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.
I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.
I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.
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shana04
02-23 09:39 AM
Hi All,
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
more...
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Dhundhun
06-24 12:47 AM
While I Wrote The Check For Ead Renewal
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
Interesting. This problem is also there. I e-filed for my self and my wife, so the payment went through credit card.
For son, I filed paper based EAD and check was in favor of USCIS, so I am very much confused about the alternatives you have mentioned - both don't include USCIS.
--- Update
I went through detail below. You are OK.
On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
It does not talk about putting US in front of Department of Homeland Security.
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
Interesting. This problem is also there. I e-filed for my self and my wife, so the payment went through credit card.
For son, I filed paper based EAD and check was in favor of USCIS, so I am very much confused about the alternatives you have mentioned - both don't include USCIS.
--- Update
I went through detail below. You are OK.
On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
It does not talk about putting US in front of Department of Homeland Security.
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memyselfandus
08-27 07:52 AM
The best thing about PA is through online.
Visit the below link
http://www.dmv.state.pa.us/driverLicensePhotoIDCenter/renewNonCommercials.shtml
and click on renew online. Here you have to enter your details and pay through credit card. You will receive the confirmation letter (DL60A/DL60R) through regular mail with in 10 days. Take the letter and go to the DMV for photograph.
The photograph folks don't ask any immigration documents, just the SSN original card. That's it.
I'm in the same boat. PA DoT wants to see visa stamp on the passport.. applied for 1st 3 year extn at VSC on 7/10, will up it to PP this week... anyone in PA got their DL renewed using RN... please specify how and where??
Visit the below link
http://www.dmv.state.pa.us/driverLicensePhotoIDCenter/renewNonCommercials.shtml
and click on renew online. Here you have to enter your details and pay through credit card. You will receive the confirmation letter (DL60A/DL60R) through regular mail with in 10 days. Take the letter and go to the DMV for photograph.
The photograph folks don't ask any immigration documents, just the SSN original card. That's it.
I'm in the same boat. PA DoT wants to see visa stamp on the passport.. applied for 1st 3 year extn at VSC on 7/10, will up it to PP this week... anyone in PA got their DL renewed using RN... please specify how and where??
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arnab221
10-05 10:12 AM
Looks like fruits of the rally are beginning to show up. All of a sudden the GOP is extending support for the immigration bill for the highly skilled . The below news articles reflect this news . Looks like the GOP and Dems have finally found common ground on this one .
http://www.mercurynews.com/politics/ci_7091661
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
GO IV GO .
Rally Participant ( 2 + 1)
Regular $ constributor .
http://www.mercurynews.com/politics/ci_7091661
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
GO IV GO .
Rally Participant ( 2 + 1)
Regular $ constributor .
thomachan72
06-03 11:54 AM
I wouldn�t care about the nay Sayers about the Spelling bee...Yes, its lot more than that. Its the foundation and words do have power. You are basically training your brain for more logical thinking. These people are just jealous and making mockery of it. I challenge them to achieve the same...:D
snathan, dig up the history of these winers and lets see what they have accomplished or contributed to this world. Being the first would indicate that person (according to your definition of power) would be extrememly powerful, right? Now ask them to pen an essay on any issue and lets compare that to another class topper who just exels in creative thinking. Or lets just give these two candidates a project to work on and lets see who comes up with better ideas or greater problem solving skills. I personally know a kid who did not make it to the final round but just fell short (this year) and honestly I can tell you that the only skill (yes, the only skill) she has is this one. She is not involved in music lessons, does not participate in science olympiad, advance math or anything of that sort. Now I have to admit that this is the only one candidate I know personally for this year. Let me be honest from the depth of my heart that there is no issue of jealousiness or envy here. This is just a frank opinion and as we have already seen, there are an equal number of people who dont think this is a competition that is to be given the importance it is being given.
snathan, dig up the history of these winers and lets see what they have accomplished or contributed to this world. Being the first would indicate that person (according to your definition of power) would be extrememly powerful, right? Now ask them to pen an essay on any issue and lets compare that to another class topper who just exels in creative thinking. Or lets just give these two candidates a project to work on and lets see who comes up with better ideas or greater problem solving skills. I personally know a kid who did not make it to the final round but just fell short (this year) and honestly I can tell you that the only skill (yes, the only skill) she has is this one. She is not involved in music lessons, does not participate in science olympiad, advance math or anything of that sort. Now I have to admit that this is the only one candidate I know personally for this year. Let me be honest from the depth of my heart that there is no issue of jealousiness or envy here. This is just a frank opinion and as we have already seen, there are an equal number of people who dont think this is a competition that is to be given the importance it is being given.
snathan
04-21 03:08 PM
u mean ur parents r babysitters for last 4 years....I hope this teaches to keep ur mouth shut calling other's parents baby sitters.
Whether we like it or not...this is a reality. I have had a neighbor where both the husband wife was working. They brought their parents every year... because it was cheaper than Day Care.
But they didnt bother to drive Benz and BMW.
Whether we like it or not...this is a reality. I have had a neighbor where both the husband wife was working. They brought their parents every year... because it was cheaper than Day Care.
But they didnt bother to drive Benz and BMW.
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