kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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regacct
04-20 08:29 AM
While its a good idea to write to the president, Obama himself says he gets 40,000 letters per day, so its a rain drop in the ocean, no offense intended.
We need to do a coordinated strike by all members of the IV
1.Everyone send an email or calls the Congressman's office on a particular date
2.Call or email their senator on a particular date.
3.Write letters to popular TV talk show hosts on a particular week saying legal immigration is ignored in the immigration debate.
4.Send an email to the president on a particular date
5.Organize peaceful rallies in their respective cities on a particular date. This way no one has to pay for traveling in terms of flight tickets or pay for hotels
This has to be organized by PAPPU and TEAM as everyone respects their work and commitment.
PS Don't start of the donate campaign thread now, people will donate once they see action and not just words. Only #5 needs donation for flags, posters etc( even that content can be brought by folks themselves)
For a start, can we all just do one thing: Take an appointment with our local congressman/woman's office and do a presentation. No need to do it on one particular day. Just do it in the next month.
Both ideas are good; coordinated and targeted efforts will get the attention of a few. We need guidance from the IV team on this matter.
phone campaigns/ email campaigns on two days to every senator/congressman
may be getting tv talk show hosts to take up during the same two days
We need to do a coordinated strike by all members of the IV
1.Everyone send an email or calls the Congressman's office on a particular date
2.Call or email their senator on a particular date.
3.Write letters to popular TV talk show hosts on a particular week saying legal immigration is ignored in the immigration debate.
4.Send an email to the president on a particular date
5.Organize peaceful rallies in their respective cities on a particular date. This way no one has to pay for traveling in terms of flight tickets or pay for hotels
This has to be organized by PAPPU and TEAM as everyone respects their work and commitment.
PS Don't start of the donate campaign thread now, people will donate once they see action and not just words. Only #5 needs donation for flags, posters etc( even that content can be brought by folks themselves)
For a start, can we all just do one thing: Take an appointment with our local congressman/woman's office and do a presentation. No need to do it on one particular day. Just do it in the next month.
Both ideas are good; coordinated and targeted efforts will get the attention of a few. We need guidance from the IV team on this matter.
phone campaigns/ email campaigns on two days to every senator/congressman
may be getting tv talk show hosts to take up during the same two days
LONGGCQUE
03-31 12:48 PM
done
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PD_Dec2002
08-07 08:10 PM
Curios, is your employer desi. Wait for sometime, tell him that you need to go to your home country and need receipt notice to use your AP in return. Catch is you have to use your EAD & AP after return.
There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.
Thanks,
Jayant
There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.
Thanks,
Jayant
more...
Canadian_Dream
10-19 03:10 PM
Ok my last attempt to convey my thoughts:
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
telekinesis
05-16 04:19 PM
Sounds good. I have work so it will have to be a medium time frame for me also.
more...
Pineapple
05-24 12:43 PM
Done
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hopefullegalimmigrant
04-20 06:37 PM
All of of this, writing to the president, congressman/congresswoman are fine, but PLEASE, PLEASE make sure, that the following are adhered to:
(1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"
(2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.
(3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.
You are right. I accept. I sent an apology, water under the bridge, Thanks for the reconfirmation. Now What can we do to make this happen. What suggestions do you have other than send more letters?
(1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"
(2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.
(3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.
You are right. I accept. I sent an apology, water under the bridge, Thanks for the reconfirmation. Now What can we do to make this happen. What suggestions do you have other than send more letters?
more...
Tito_ortiz
03-08 10:59 AM
Welcome hopelessinseattle!
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
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eb3retro
12-02 11:41 PM
If you heard it from a lawyer, it is true. They never tell lies :) :D
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WillIBLucky
02-08 11:38 AM
In UK things are different and there is still race issues. The govenment of India called mostly because of Indian Actress involved in racial slurs in a TV show.
So that is a real publicity and that ignited the Immigration issues too. But USA welcomes immigrants more than any other country so we cannot get our problems thru the high level because its really not an issue.
Retrogression is not due to because you are from a different race. All we can do it try and make the lawmakers understand the problems and hope things will change. Atleast you live happily and no one fires racial slurs on you in United States.
So that is a real publicity and that ignited the Immigration issues too. But USA welcomes immigrants more than any other country so we cannot get our problems thru the high level because its really not an issue.
Retrogression is not due to because you are from a different race. All we can do it try and make the lawmakers understand the problems and hope things will change. Atleast you live happily and no one fires racial slurs on you in United States.
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permfiling
12-11 03:02 PM
So the frustration desertfox as no light at the end of the tunnel. What does a red dot indicate in the posts ?
more...
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rolrblade
04-03 11:55 AM
18.
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
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Macaca
01-26 04:21 PM
Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
Suppose IV decides not to focus on I-485 filing but some other issue. By this analogy, all members with interest in I-485 will leave.
Suppose IV decides not to focus on I-485 filing but some other issue. By this analogy, all members with interest in I-485 will leave.
more...
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hankles
01-27 12:02 PM
And one more
-------------------------
Hello,
I'm with BCI, and I was curious if you or someone from your professional network might be interested in this opportunity:
Title: Senior C++ Developer (Job Order: DM0556-001-811)
Location: Chicago, IL
Responsibilities:
Proprietary trading firm focused on the application of advanced quantitative/algorithmic trading methods in financial markets seeks a Senior C++ Developer to assist in their high frequency trading operations. Current members of the team include experts in statistical modeling/machine learning/computer science/software development.
The primary responsibilities of this role will be to aid in research efforts.
They use Microsoft Windows, Visual C++, MFC and STL.
Experience:
Minimum 2-5+ years industry experience required
BS or MS in Computer Science is required
Strong background in object oriented programming/software development required
Programming using Visual C++ and MFC required
Experience with SQL and C# is a strong plus
Experience with any of the following would be strongly preferred: real-time systems/code optimization/numerical methods/scientific computing
Scripting experience using Python a plus
If you are interested in this opening, please email us a copy of your resume as an MS Word attachment.
-------------------------
-------------------------
Hello,
I'm with BCI, and I was curious if you or someone from your professional network might be interested in this opportunity:
Title: Senior C++ Developer (Job Order: DM0556-001-811)
Location: Chicago, IL
Responsibilities:
Proprietary trading firm focused on the application of advanced quantitative/algorithmic trading methods in financial markets seeks a Senior C++ Developer to assist in their high frequency trading operations. Current members of the team include experts in statistical modeling/machine learning/computer science/software development.
The primary responsibilities of this role will be to aid in research efforts.
They use Microsoft Windows, Visual C++, MFC and STL.
Experience:
Minimum 2-5+ years industry experience required
BS or MS in Computer Science is required
Strong background in object oriented programming/software development required
Programming using Visual C++ and MFC required
Experience with SQL and C# is a strong plus
Experience with any of the following would be strongly preferred: real-time systems/code optimization/numerical methods/scientific computing
Scripting experience using Python a plus
If you are interested in this opening, please email us a copy of your resume as an MS Word attachment.
-------------------------
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ashkam
07-20 01:35 PM
Thanks very much for your advice.
Will try to get the affidavit asap.
I have to send the original of birth certificate or a copy will do?
Gclong
Copy.
Will try to get the affidavit asap.
I have to send the original of birth certificate or a copy will do?
Gclong
Copy.
more...
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bbct
02-14 12:27 PM
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
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saileshdude
05-28 01:40 PM
That is not true about TSC. I applied about 5 weeks ago and did E-Filing. I got the receipts within a week but so far no updates and no LUDs on the receipt number also.
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needhelp!
09-19 01:00 AM
Its the time of my life..
I've never felt this way before..
Its the truth..
and I owe it all to you
IV IV IV IV IV IV IV
I've never felt this way before..
Its the truth..
and I owe it all to you
IV IV IV IV IV IV IV
sriharirag
07-19 06:26 PM
http://www.usimmlaw.com/When%20do%20I%20get%20my%20green%20card.htm
swamy
12-09 12:26 PM
please participate in the fund raising thread if you haven't already-thx
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