radhay
12-02 01:12 PM
just checked your PM and replied.
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psaxena
10-07 03:18 PM
Forget all the middle vendor and lawsuit , nobody will do anything.. In CA if you not aware, there is no legally binding contract that can restrict and employee to work for any employer. Non compete agreements also do not work there, these are just fear tactics. I left my employer and joined the client , and did this 2 times and also that too not even in CA , in other states. Noone did nothing, because it cost time and money and unless there is a 100% chance for the other party to win , they will not get into the lawsuit and stuff as it cost a lot of time and money.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
chosenone52
10-02 03:28 PM
But what if the company doesnot have any more requirement when my GC gets approved. Its takes 4-5 years and conditions may change as per time...?
Any opinion?
Any opinion?
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go_guy123
01-15 11:51 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
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JunRN
08-12 03:49 PM
I think there are few applicants between July 4 to July 17 because this the period of limbo - no one knows what to do and waiting for the August VB. I would guess it would not even reach 10% of those who filed in July 1 to 3.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
Dhundhun
04-15 04:04 PM
Congratulations! But I think freedom is yet months away - need to be with same employer for some more time.
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desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
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India76
09-17 01:48 PM
Or you guys think I should go ahead and stamp a visa (too much hassel/time/money involved though)?
I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...
I don't see any benefit as I will continue to renew my H1-B, AP and EAD.. so I f I can reenter using AP then why go through so much pain to H1-B visa stamp? Please advice if I am misunderstanding or missing anything...
more...
raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
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immihelp1
09-28 04:04 PM
Singhsa,
I am having FP appointmenet at Newark NJ ASC on Oct 2nd.
Can you please share your experience?
Thanks,
I am having FP appointmenet at Newark NJ ASC on Oct 2nd.
Can you please share your experience?
Thanks,
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fatjoe
09-06 02:06 PM
I called USCIS and I was told that, in (mid) July, NSC and TSC were the only Service centers receiving applns. USCIS has received enormous # of applications in and around mid-July and they are stagnant somewhere in the Service Centers. Applications are not moved from NSC to TSC. They are in the service center where they were sent.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
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Legal_In_A_Limbo
04-28 10:07 AM
have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.
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loveiv
07-29 11:03 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
That is nt true.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
That is nt true.
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smisachu
07-23 03:35 PM
R.William on July 3rd.
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a_yaja
06-26 03:10 PM
Could you please point out the section where it says dual intent for H1 will be removed ?
You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended�
16
17 (1) by striking the parenthetical phrase �(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking �under section 101(a)(15)" and inserting in its
24 place �under the immigration laws.".
You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended�
16
17 (1) by striking the parenthetical phrase �(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking �under section 101(a)(15)" and inserting in its
24 place �under the immigration laws.".
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rajivkumarverma
10-16 08:49 PM
Rajiv,
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
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reddymjm
03-16 01:22 PM
Guruji - Can you please predict something about my GC application too :D
Shishyaji, Your PD is 18 months after mine. Keep checking on me. You should get your GC after an year or two after mine, until unless the recapture or some magic by USCIS/DHS.
Shishyaji, Your PD is 18 months after mine. Keep checking on me. You should get your GC after an year or two after mine, until unless the recapture or some magic by USCIS/DHS.
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Roger Binny
06-06 08:47 AM
Which service center your case is in ?
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chi_shark
03-25 03:47 PM
BTW isn't I-485 for a future job ? How does the current work location matter ?
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
eb2dec2005
02-22 09:49 PM
No, i was little skeptical i using AC21.I did not inform USCIS at all.
Morover, i was hoping my PD would be current shortly.
Am i in trouble?
Morover, i was hoping my PD would be current shortly.
Am i in trouble?
milind70
08-07 09:28 PM
Hi guys,
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
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