dog123
09-18 06:07 PM
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nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
harrydr
07-12 02:32 AM
Situation:
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
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AreWeThereYet
08-06 08:50 AM
I just called them and checked the dish network site I do not see anything like that :confused:
For telugu audience I am aware of 2 such providers. telugumagictv and reliableiptv. I have not tried either. I would have tried them if they had both Hindi and Telugu channels. Does anyone know of an IPTV provider who has both Hindi and Telugu channels. One more thing, the above mentioned 2 provide the STB that can also act as a media player to play all kinds of media from your external USB drive. But I already have WDTV at home.
For telugu audience I am aware of 2 such providers. telugumagictv and reliableiptv. I have not tried either. I would have tried them if they had both Hindi and Telugu channels. Does anyone know of an IPTV provider who has both Hindi and Telugu channels. One more thing, the above mentioned 2 provide the STB that can also act as a media player to play all kinds of media from your external USB drive. But I already have WDTV at home.
more...
desi485
03-24 02:42 PM
Now everything is queued..... no more cutting lines.
You are a senior member. Why are you creating useless thread? People browse IV forums for valuable and important information. People (volunteers) works extra time on limited resources to have this website up & running. I do not understand what made you start this useless thread and waste others time?:eek:
You are a senior member. Why are you creating useless thread? People browse IV forums for valuable and important information. People (volunteers) works extra time on limited resources to have this website up & running. I do not understand what made you start this useless thread and waste others time?:eek:
greenleaf81
10-31 09:21 PM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP.
more...
yabadaba
04-23 09:03 AM
u have to wait till ur 140 is approved...it will tell u which category uscis processed it under.
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sp99
08-18 02:51 PM
gk_2000, how far is your place from the towers? did you try Terk HDTVa? you did not get any signal at all? or was it blurry/snowy images?
Others, there is another IPTV provider tv desi and they are also using the same box (Neulion) as Dish Network ..so may be quality would be good....
Others, there is another IPTV provider tv desi and they are also using the same box (Neulion) as Dish Network ..so may be quality would be good....
more...
pappu
06-07 01:40 PM
can't make it to DC, made a contribution.
Transaction ID: 94R50453J99520901
Good Luck !!!
Thanks
Transaction ID: 94R50453J99520901
Good Luck !!!
Thanks
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ndbhatt
08-14 12:36 PM
yes u are
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
more...
katrina
01-04 03:34 PM
koppula09 please read the statement from below link.
http://www.lbl.gov/LBL-Work/HR/irss/FormI539.html
Contact your lawyer ask what they request when they fill the Form I539. If the request your wife h4 extension she should be OK but if they request to change your wife H4 status to H1b I don't think they made a good decision, you should find another lawyer :eek:
get a second opinion of what to do. My suggestion your wife should apply for her H1b ASAP (premium processing). I believe it possible for her company to apply her H1b but again find a good Lawyer ASAP.
remember not all lawyer is a good immigrant lawyer. Even a good immigrant lawyer could make a mistake too. It's your life you can't rely to anybody.
so act quickly to find out how to get out from this problem before too late.
Good luck. :o
http://www.lbl.gov/LBL-Work/HR/irss/FormI539.html
Contact your lawyer ask what they request when they fill the Form I539. If the request your wife h4 extension she should be OK but if they request to change your wife H4 status to H1b I don't think they made a good decision, you should find another lawyer :eek:
get a second opinion of what to do. My suggestion your wife should apply for her H1b ASAP (premium processing). I believe it possible for her company to apply her H1b but again find a good Lawyer ASAP.
remember not all lawyer is a good immigrant lawyer. Even a good immigrant lawyer could make a mistake too. It's your life you can't rely to anybody.
so act quickly to find out how to get out from this problem before too late.
Good luck. :o
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radhikac
07-17 06:47 PM
I think we should organize a blood donation campaign for saying thank you. Something very constructive and should get medias attention and put IV in a positive and innovative light.
What do you all think?
What do you all think?
more...
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indyanguy
01-13 12:01 PM
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
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pappu
12-16 01:25 PM
There is a possible solution to this. I do not wish to post it as everyone may try to misuse that route and thus block the avenue for deserving people. If you have been denied, you can contact IV.
more...
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new_phd
04-14 05:41 PM
Read clearly, the statement is very clear. It says "If the Green Card applicant .... is the child or spouse of ...."
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
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logiclife
08-02 02:19 PM
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
more...
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loudoggs
07-31 06:51 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
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cfan666666
06-27 03:23 PM
I will send my I-485, I-131 and I-765 to this address:
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
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irrational
04-01 03:18 PM
Folks,
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
prom2
10-22 07:47 PM
Opening this new thread due admin closed the other one.
Lets track June 07 filers.
Good luck !
TSC Jun 25
Waiting AP and GC.
Lets track June 07 filers.
Good luck !
TSC Jun 25
Waiting AP and GC.
devikas81
09-11 09:24 AM
R u on H1B or on EAD, If you are on EAD, can you pls. tell me what documents you sent to USCIS for AP renewal, The reason i am asking is because last year when i renewed my EAD and AP, at that time i was on H1 but now i am on EAD.
I really appreciate your reply,
Thanks,
I really appreciate your reply,
Thanks,
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