mk58581
06-06 04:15 PM
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
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immi2006
10-04 01:39 AM
Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.
I am not sarcastic this is the reality,
There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.
I am not sarcastic this is the reality,
There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.
gc_on_demand
06-13 04:15 PM
Please call..
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Desertfox
11-09 05:33 PM
Is it possible to change this thread title to "Indian doctors win legal battle in UK"??
more...
potatoeater
05-10 02:00 PM
Dude, you revived a 6 month old thread just to ask this innocuous question? And the title of this thread is pretty alarming.
Expect 5 thousand red dots now. Everybody will come down on you like a ton of bricks.
To admins..
we should have some facility to automatically close the threads that have been inactive for a while.
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
-Kumaresh
Expect 5 thousand red dots now. Everybody will come down on you like a ton of bricks.
To admins..
we should have some facility to automatically close the threads that have been inactive for a while.
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
-Kumaresh
vinnysuru
04-01 03:07 PM
Hi Vinnysuru
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Yes, the current visa bulletin has to show PD your date or beyond or be current!
Otherwise, they can't request visa numbers. DOS won't issue.
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Yes, the current visa bulletin has to show PD your date or beyond or be current!
Otherwise, they can't request visa numbers. DOS won't issue.
more...
bkarnik
09-19 06:26 PM
Recently, I heard the same thing from someone else (was it stucklabor??). It appears that USCIS is being proactive and granting three year approvals once I-140 has been approved. So, there is a chance that this is what happened in your case too.
Either way, since, this appears to work in your favor, I would suggest sending this question for the lawyer call. If it is accepted and answered, it will be posted on the forum so that you and others in similar situation get a definite reply.
Bkarnik.
Either way, since, this appears to work in your favor, I would suggest sending this question for the lawyer call. If it is accepted and answered, it will be posted on the forum so that you and others in similar situation get a definite reply.
Bkarnik.
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ganguteli
06-12 09:52 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
more...
somegchuh
11-16 01:13 PM
Guys,
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
Power of internet, thanks for all the input.
That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.
My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.
One more question to the folks who became Canadian PRs. When I exit out
of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
can they override "Automatic revalidation rule" in this case.
Part of me says they are two different teams one working for US to track I-94
and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
Power of internet, thanks for all the input.
That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.
My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.
One more question to the folks who became Canadian PRs. When I exit out
of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
can they override "Automatic revalidation rule" in this case.
Part of me says they are two different teams one working for US to track I-94
and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?
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leoindiano
07-09 01:38 PM
I submitted for PP on June 19th, status never got updated ; lawyer received approval copy on july 5th
even now?
Thats strange.....
even now?
Thats strange.....
more...
justsomeguy
07-12 10:00 PM
who said it was easy - all im saying is, the PD portability law becomes contradictory when there's no law to prevent employers from withholding I-140 or labor approvals.
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smisachu
01-02 02:09 AM
See my answers below. Best of Luck!!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
more...
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gee_see
10-19 09:05 AM
There was no response when i posted same issue couple of weeks ago. Does it imply that no one is facing this type of issue? or .... it will be outright denial case?
Please share your thoughts
Please share your thoughts
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Lasantha
02-06 06:48 PM
H1B Stamping in Halifax Canada (only for revalidation)
She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.
PIMPS? :D
I think it's PIMS. :cool:
She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.
PIMPS? :D
I think it's PIMS. :cool:
more...
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gccovet
09-04 10:12 AM
Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
Thank you Amit for your response.
GCCovet
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
Thank you Amit for your response.
GCCovet
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priti8888
10-01 01:03 PM
This is how PD and RD work.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
more...
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asphaltcowboy
05-27 10:31 AM
it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website
;)
;)
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addsf345
10-29 02:18 PM
can anyone answer this
I know a person who had to leave his employer only after 60 days of filling his 485(not even 180 days for ac21) and still got GC.
There are thousands who already working for new employer using AC21 after 180 days.
and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?
I know a person who had to leave his employer only after 60 days of filling his 485(not even 180 days for ac21) and still got GC.
There are thousands who already working for new employer using AC21 after 180 days.
and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?
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viva
01-31 11:13 PM
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
pointlesswait
11-26 11:18 AM
should we not ask for refund from our lobbyists..they lied to us last yearlobbying shoud be result oriented..not stuffing for their turkey...... sab hawa ke badhshah hai..;-)
mbartosik
11-08 03:33 PM
It looks like this including dependents -- good news.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
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