glus
03-19 09:25 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
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cyclone_p
06-25 01:45 PM
I guess it depends on the employer, but usually the employer put the employee on a "Loss Of Pay" status and the employee cannot work or earn until s/he has the renewed EAD card in her/his possession.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
USDream2Dust
07-21 07:37 AM
Thanks for the responses. I think I will call USCIS and inquire and just to be on the safe side will send in a G325A separately with a letter. Ofcourse, will try getting a response from my attorney's office too. Thanks again.
Also please the let us know what you find out after calling USCIS.
Also please the let us know what you find out after calling USCIS.
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yabadaba
06-22 09:29 AM
the civil surgeon told me that as per CDC directive all applicants need to have a TB skin test irrespective of the X ray. Good luck with 693
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fall2004us
08-14 02:28 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
It would have been better if you had split the checks.
Dont worry they might accept it now.
senthil
02-15 09:50 AM
why not - no one does things for free. if you talk to attorney, you know how much $$ you have to pay. most time ive seen members on form answer clean and quick based on their experiance, which is in-valuable.
$1 is just pennnies. not bad to start with at all
$1 is just pennnies. not bad to start with at all
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ddanait
02-11 01:03 PM
How does one access donor forum? I ahve donated some sum and I am a registered member
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laksmi
03-06 01:02 PM
EAD correction is very simple and they will fix with in 4 months worse case.
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Friend
02-15 10:45 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
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nk2006
04-03 07:16 PM
I am not sure if we are still updating the document to cite more examples. If so one another good candidate: Jeong H. Kim, President of Bell Laboratories. One of the most influential Asian American Technologist/Enterpreuner. http://www.achievement.org/autodoc/page/kim1bio-1
http://www.lucent.com/corpinfo/bios/kim.html
I am sure we can give many more examples (I can think of a few immediately in my area, Pradeep Sandhu founder of Juniper which employes thousands now; Desh Deshpande who co-founded Cascade/Sycamore etc; Hassan Mohammad, CEO of Sonus; Arun Netravali, former president of Bell Labs; Krish Prabhu, CEO of Telllabs etc.etc.etc.etc.)
http://www.lucent.com/corpinfo/bios/kim.html
I am sure we can give many more examples (I can think of a few immediately in my area, Pradeep Sandhu founder of Juniper which employes thousands now; Desh Deshpande who co-founded Cascade/Sycamore etc; Hassan Mohammad, CEO of Sonus; Arun Netravali, former president of Bell Labs; Krish Prabhu, CEO of Telllabs etc.etc.etc.etc.)
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srikanthmavurapu
08-16 12:29 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
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chi_shark
07-24 03:49 PM
so, we are not out of the woods yet? its just that they (USCIS) can now say that they have gone through x number of apps... i wish they clarified this really well...
but thanks for answering the really important question!
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
but thanks for answering the really important question!
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
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bala50
08-09 09:38 PM
Department of Homeland security doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice. This news will not be of any value to us.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
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neodyn55
07-30 01:57 AM
"Funny reply:
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn""
*I've* done that. Maybe you guys need to get out more :p
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn""
*I've* done that. Maybe you guys need to get out more :p
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brb2
08-09 11:14 PM
It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
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thomachan72
09-04 03:44 PM
Man...in what category they gave you the GC. Is it for your good Gelf english or for your analytical skill. Did you consider the new borns before concluding 'In 1-2 years every one wil be finished.' Come with more ammo (means more Ammunition and dont come with more girls) :eek:
Not good words to use and not good way to react while in mourning and praying for lost souls brother:D;)
Not good words to use and not good way to react while in mourning and praying for lost souls brother:D;)
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jonty_11
01-16 02:50 PM
Whats a good score for Immigration purposes on the IELTS. Looks like the scale is 1 to 9.
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summitpointe
01-31 02:02 PM
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
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lp2007
01-19 07:40 PM
We are all proud of our accomplishments, EB2 or EB3 or EB1 , the degrees we have earned, the jobs we do and the achievements we have in our career. The relationships we have made and the list goes on.
I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
nixstor
08-24 11:29 AM
http://boards.immigrationportal.com/showthread.php?t=222935
I understand the plight, but you aint alone bro.. 360K people are along with you. Dont look for shortcuts (in case if both the posts are by one person ) and get what you deserve. Do what you can to educate your friends and contribute.
I understand the plight, but you aint alone bro.. 360K people are along with you. Dont look for shortcuts (in case if both the posts are by one person ) and get what you deserve. Do what you can to educate your friends and contribute.
sabudanawada
02-27 03:20 PM
once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
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