drirshad
05-06 03:54 PM
Use the letter to modify for our cause, May 14 is the start day for CIR discussion in Senate ......
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
CONTACT YOUR SENATORS TODAY
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.
USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
2. a new worker program with worker protections and a path to citizenship; and
3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.
To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
CONTACT YOUR SENATORS TODAY
U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION
Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.
USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
2. a new worker program with worker protections and a path to citizenship; and
3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.
To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.
http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]
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desi3933
06-23 12:19 PM
Can an employer revoke the I-140 after 180 days of I-485 pending?
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
guy03062
05-05 11:22 AM
Guys...please stop this useless discussion of whether to give priority to US educated professionals Vs. Non-US education professionals. First of all, we are not the one who have decision power on this one. Secondly, it will make us weak by dividing on such matter. Rather, lets stop this useless discussion and continue working toward our common goal.
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greenlight
08-08 01:56 AM
I have to say this is the first time ever that I want my checks cahsed very soon when my natural tendency is wanting to hold onto money in the checking account as long as possible. I am, too, waiting for the day to see canceled checks for AOS, EAD & AP. I've been obssessed to check the latest news on USCIS' broken system, and it is a nice break to amuse myself about this whole check cashing business.
Hang in there, everyone. There shall be a light at the end of the tunnel. I hope and pray that the light comes before I retire ;)
Hang in there, everyone. There shall be a light at the end of the tunnel. I hope and pray that the light comes before I retire ;)
more...
ski_dude12
09-01 02:04 PM
Was it TSC or NSC?
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
americandesi
04-22 02:21 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
more...
h1bmajdoor
09-30 01:00 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.
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indyanguy
09-26 12:58 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
more...
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07-19 06:50 PM
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unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
more...
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desi3933
02-01 08:17 AM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
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reddymjm
06-08 04:21 PM
I am waiting for the check image to laod. will take an hour or so.
It will start with LIN-07-177-5XXXX. It will be SRC if it is Texas.
It will start with LIN-07-177-5XXXX. It will be SRC if it is Texas.
more...
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alias
08-18 01:12 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
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anilsal
08-13 11:22 PM
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
more...
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07-06 07:47 PM
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sury
08-18 04:01 PM
EAD approval Notice Sent
Priority Date - Feb 2007
EAD Renewal Mailed - July 23, 2008
Approval date: 18-Aug-2008
Priority Date - Feb 2007
EAD Renewal Mailed - July 23, 2008
Approval date: 18-Aug-2008
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vij
06-14 02:56 PM
Mine was filed on 06/01. No receipt so far.
Are you checks cashed?
Are you checks cashed?
kdprasad
08-13 07:55 PM
Thanks kdprasad - where your I140 was approved from
Nebraska SC
Nebraska SC
caydee
05-23 05:48 PM
Sent emails to CA Senators and to the 10-Senators listed on the first sheet of this thread.
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