maximus777
09-16 03:20 PM
done
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kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
anuh1
04-23 02:18 PM
If the client is ready to offer employment to you, client will take care of everthing. Why you worry about the law suite? My best guess is he is just threatening you because he will loose money on you. If you want you can scare him saying that you will put a case against him in USCIS by various reasons.
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solaris27
02-18 12:17 PM
anything that is work related is tax deductable as per my CPA .
more...
Sunx_2004
02-11 11:32 AM
What are IVs recommendations ??
Looks like the news is out on this in media.
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
Looks like the news is out on this in media.
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
nrk
10-26 02:16 PM
Thanks for the information. Green for you
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
more...
brij523
02-17 10:05 AM
Putting dollar amount to the signature is something like hierarchy system. People contributed more are on higher rank than others. I am not saying you should not put how much you have donated. But good will be to invite people to join IV. People are our strength. The signature should read
"IV IS VOLUNTEER ORGNIZATION, HELP YOURSELF TO HELP IV. SO DON'T ASK WHAT IV HAS DONE FOR YOU BUT ASK WHAT YOU HAVE DONE TO SUPPORT YOURSELF FIRST AND THEN IV.
MEMBERS CAN EITHER RAISE MEMBERSHIP, CONTRIBUTE 5 MINUTES EVERYDAY TO CALL SENATOR/CONGRESS MEMBER OR CONTRIBUTE.
MY CONTRIBUTION SO FAR IS XXXYYYZZZ"
And this should be the standard signature on everyone post. This way it looks like everyone is in the game.
"IV IS VOLUNTEER ORGNIZATION, HELP YOURSELF TO HELP IV. SO DON'T ASK WHAT IV HAS DONE FOR YOU BUT ASK WHAT YOU HAVE DONE TO SUPPORT YOURSELF FIRST AND THEN IV.
MEMBERS CAN EITHER RAISE MEMBERSHIP, CONTRIBUTE 5 MINUTES EVERYDAY TO CALL SENATOR/CONGRESS MEMBER OR CONTRIBUTE.
MY CONTRIBUTION SO FAR IS XXXYYYZZZ"
And this should be the standard signature on everyone post. This way it looks like everyone is in the game.
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chanduv23
03-14 06:50 AM
If someone completes their residency in US and gets a license to practice medicine, will this MD degree be valid in Canada and Australia?
My wife is doing her residency and due to this retrogression we want to have a plan B, and for plan B we want to know if it is worth moving to Canada or Australia after she completes her Residency? While I am in IT, I think the job scene is almost same everywhere which is based on experience.
I am sure a lot of IV members are physicians and would be looking into these options also. Please share your thoughts.
My wife is doing her residency and due to this retrogression we want to have a plan B, and for plan B we want to know if it is worth moving to Canada or Australia after she completes her Residency? While I am in IT, I think the job scene is almost same everywhere which is based on experience.
I am sure a lot of IV members are physicians and would be looking into these options also. Please share your thoughts.
more...
snathan
05-19 03:13 PM
Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .
As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
Also they didnt send me the relieving letter and others indian PF etc.
They even paid less that that was specified in the LCA.
I would like to know if you had complaint DOL on this ?
Regards
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .
As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
Also they didnt send me the relieving letter and others indian PF etc.
They even paid less that that was specified in the LCA.
I would like to know if you had complaint DOL on this ?
Regards
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
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rex
04-25 03:06 PM
Thank you all for a bunch of good answers.
I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
seems to be the best option here.
Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
Thank you
Rex
I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
seems to be the best option here.
Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
Thank you
Rex
more...
snathan
02-09 02:42 PM
Thanks ssdtm! You gave useful information
If its useful...please consider contribution or just be another free rider. The choice is yours.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
If its useful...please consider contribution or just be another free rider. The choice is yours.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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permfiling
01-18 01:35 PM
Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements
more...
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snathan
03-09 03:59 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
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anilsal
01-25 02:26 PM
should be an easy task for folks who live in the east bay to show up at the Fremont station and pass handouts.
If you cannot do this much, then it is .....
If you cannot do this much, then it is .....
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waitnwatch
05-30 12:29 PM
This may already have been discussed but does everyone realize that the merit based system will remove backlogs by the backdoor. There will be no backlogs because you have to apply every year. And if by chance you reach the 6th year on H1-B and fail to get past the merit line for that year you have to leave. If this is not scary what is?
I would like to hear everyone's opinion on this.
I would like to hear everyone's opinion on this.
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crystal
03-06 02:31 PM
No they wont send receipt notices for correction. They would send receipt only for filings for which you paid fee and new applications
do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?
i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass
do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?
i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass
more...
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perm2gc
08-28 10:34 AM
Guys i think we had enough discussion on it in the other thread..Admins can you please close the thread..
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
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karthiknv143
01-02 03:03 PM
Shouldn't be a problem. Infact I have done that. I travelled on H1 in Dec '04 when my H1 was to be expired May 2005. Did not have any problems.
But make sure to consult your lawyer/firm before you travel.
But make sure to consult your lawyer/firm before you travel.
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gc_on_demand
01-20 11:08 AM
CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
(1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
(1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
gc_bulgaria
02-12 02:47 PM
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
dalasengineer
10-04 04:38 PM
I was issued a license based on my EAD expiration date. Same for my wife. We went back to DMV to get license extended based on I 94 expiry date. My I94 expiry date was different than ED expiration date as the customs gave expiry date which is 1 year later than EAD expriation date. I asked the customs officer why the date was different than my EAD date. He told my stay was valid till my I94 expiry date.
Anyways, IOWA DMV extended our license based on I94 date and we came back happy to know that we shall not have to walk in -30F to fetch our grocery as we wait to get our renewed EAD..
regardss
Anyways, IOWA DMV extended our license based on I94 date and we came back happy to know that we shall not have to walk in -30F to fetch our grocery as we wait to get our renewed EAD..
regardss
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