chanduv23
07-29 01:48 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
wallpaper Natalie Portman#39;s cover photo
GCard_Dream
12-13 11:46 AM
I should have known this. The procedure is right on the IV home page. Does anyone know when the next conference call is?
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
Kodi
04-02 10:15 AM
bump
2011 natalie portman hair in no
needhelp!
09-26 11:31 AM
Re: http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
The article referenced above written by you has a glaring error. It states that "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "
I was under the impression that esteemed reporters like yourself research the facts in detail before providing such statements. That does not seem to have been the case here.
I was one of the participants in the rally held on September 18th by Immigration Voice (www.immigrationvoice.org). I flew from Dallas, TX to press for reform to the green card process which is taking anywhere between 6-12 years to process permanent residency applications. This is VERY different than H1-B which is a temporary visa.
As a participant of this rally, I am utterly disappointed to read that you and the CNN organization have completely misrepresented the purpose of my protest, thereby undermining the whole effort.
Kindly contact info@immigrationvoice.org and Immigration Voice should be able to provide you with the detailed facts about the purpose of the protest. I urge you to fix the article as soon as possible and issue a correction.
The article referenced above written by you has a glaring error. It states that "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "
I was under the impression that esteemed reporters like yourself research the facts in detail before providing such statements. That does not seem to have been the case here.
I was one of the participants in the rally held on September 18th by Immigration Voice (www.immigrationvoice.org). I flew from Dallas, TX to press for reform to the green card process which is taking anywhere between 6-12 years to process permanent residency applications. This is VERY different than H1-B which is a temporary visa.
As a participant of this rally, I am utterly disappointed to read that you and the CNN organization have completely misrepresented the purpose of my protest, thereby undermining the whole effort.
Kindly contact info@immigrationvoice.org and Immigration Voice should be able to provide you with the detailed facts about the purpose of the protest. I urge you to fix the article as soon as possible and issue a correction.
more...
vkrishn
07-13 06:57 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?
paritp
07-18 12:34 PM
i call the service center no and then ext 1,2,2,6,2,2,1
first i spoke to level 1 cs n then was directed to level2
the lady there was very nice and i asked her what to do as i filed I 485 on july 2 and didnt know wat to do going forward.......
so she asked for my last name first name and DOB and said that there was no entry in my name..........so basically she didnt know the whereabouts of my application.......
she advices me to wait for a week n check again as i was not in the system. she also told me that this does not mesan that i am rejected or anything like that.
so i will wait for a few days n call back on monday
pari
first i spoke to level 1 cs n then was directed to level2
the lady there was very nice and i asked her what to do as i filed I 485 on july 2 and didnt know wat to do going forward.......
so she asked for my last name first name and DOB and said that there was no entry in my name..........so basically she didnt know the whereabouts of my application.......
she advices me to wait for a week n check again as i was not in the system. she also told me that this does not mesan that i am rejected or anything like that.
so i will wait for a few days n call back on monday
pari
more...
eastindia
09-09 01:03 PM
American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
2010 Natalie Portman: Bad Hair
ita
01-31 12:24 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
more...
clif
03-12 02:00 PM
BharatPremi,
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
hair natalie portman hair up.
sweet_jungle
01-31 10:09 PM
any feedbacks on Terasoft at Illinois? are they on blacklist?
more...
desibechara
04-07 06:26 PM
I dont even remember off hand about my date.
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
hot natalie portman hair up.
immigrant2007
07-29 09:13 AM
Yea sure, be scared of corporatiions and defamation suits and let them enslave you. Sheeple mentality.
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration
more...
house Natalie Portman photo
gimme_GC2006
04-06 05:53 PM
right..ok..today at work I heard from my colleague that his friend was sent back from airport
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
tattoo hair up there is obvious.
BharatPremi
04-08 08:48 AM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
more...
pictures natalie portman hair up.
logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
dresses Pinned up natalie portman hair
jit15k
07-04 09:45 PM
Ramba excellent analysis. One thing has to be red carefully from the July 2nd memo from USCIS says that all 2007 EB visas has been "allocated" which is diffrent from the word " Approved" and that is the 20K visas as per Ramba.
I completely agree that we should fight to recapture the visas that were lost in last 1 years.
I completely agree that we should fight to recapture the visas that were lost in last 1 years.
more...
makeup natalie portman hair up.
Hope_GC
07-16 08:05 PM
Guys Looking at this false propagandas my blood boils after paying whole lot of taxes... we get to see these claims. :mad:
girlfriend Natalie Portman Medium
indio0617
02-15 01:06 PM
Berkeleybee,
Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.
Thanks.
You are probably aware of these and have already tried it.
1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.
2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.
FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.
Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.
Thanks.
You are probably aware of these and have already tried it.
1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.
2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.
FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.
hairstyles Natalie Portman Hair
rajuram
10-17 12:28 PM
I will do the request.
Do want to note that I had made this suggestion several times last year. But no one in IV leadership paid attention. I had argued that without exact numbers we can't make a good case with the lawmakers. Good that people have decided to wake up now!!
Do want to note that I had made this suggestion several times last year. But no one in IV leadership paid attention. I had argued that without exact numbers we can't make a good case with the lawmakers. Good that people have decided to wake up now!!
logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
downthedrain
02-03 01:21 PM
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
