vbkris77
06-10 01:03 PM
Sorry to rude, but I am not asking individual opinion on this. I am asking Lawyer's educated opinion on this matter. If CIS/State in a hearing in congress confirmed that they have wasted the visas, how are you telling me that they have given all the visas??? Do you have more info than CIS Director???
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marco
09-28 01:40 PM
Filed to TSC on 17th July, ND 11 Sept...waiting for a decision!!!
Libra
07-15 02:13 PM
I am in MN, am ready to participate
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nousername
01-07 01:08 PM
Save your ticket and mention the dates correctly when you reapply in future.. People at USCIS can dig into their records to find out when you left and if you reentered in between.
is there anything else I need to do before I leave? I am trying to create a checlist of items to be done before my departure.
how can i confirm this 1-year out of country rule for H1B???
Thanks
is there anything else I need to do before I leave? I am trying to create a checlist of items to be done before my departure.
how can i confirm this 1-year out of country rule for H1B???
Thanks
more...
bestia
07-27 05:54 PM
hehheh...LOL...:D u made my day....This the funniest comment I have heard...:)
Good point!!! Why on earth would he/she be depressed?? too egoistic to ask spouse for a GC;)???
Maybe he is depressed because he is getting married. :) He thought of getting freedom and got totally opposite. Who you think has more freedom: bachelor with H1 or married GC holder?
No offense to anyone, I'm just playing... This is funny thread - we need more of these :)
Good point!!! Why on earth would he/she be depressed?? too egoistic to ask spouse for a GC;)???
Maybe he is depressed because he is getting married. :) He thought of getting freedom and got totally opposite. Who you think has more freedom: bachelor with H1 or married GC holder?
No offense to anyone, I'm just playing... This is funny thread - we need more of these :)
coolguy972
03-25 11:26 PM
I know couple of guys who were denied EB-2 since they did not do 4 yrs bachelors + masters
One guy was denied during perm stage and another during i-140 stage.
One guy was denied during perm stage and another during i-140 stage.
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hariswaminathan
09-29 10:18 PM
Any employer can order for employment verification record from 3rd party agency. Your current employment info will show up and since they have all the info about you (including SSN) its a breeze to pull this info.
Also - You are right that one can sue for no reason. In fact most employers sue just to bankrupt and stress out former employees just for revenge. The people with the deepest pockets usually win. You will never be able to last out the legal fees etc as an individual and that is the intention - eventually you may have a case to have it thrown out of court or win the defence - but would you be willing to last out 3 years of fees and headache ?
Check if your current contract has the word "indirectly" written in it. If not then you may be able to work some 3rd party angle for a temporary period with your prospective employer.
If you have an EAD handy you might want to look at 1099 contracting to your prospect (check if legal with Immigration lawyer) so you show up in the system as self employed.
Sorry i cant be of more help - but these are the facts as i see them
Guys,
My situation is more common, but i have couple of odd questions....
A --> B (Vendor ) --> C (End client)
A is my current H1 holder, with whom i signed non-compete agreement.
End client, c is interested in hiring me. I am also interested. But i told C about non-compete. So, C talked to A for H1 transfer but he is not agreeing for that (even for monetary compensation). But, B is ok with H1 transfer.
So,
1) If i quit my current employer, A. and join C. How will "A" know that i actually broke the contract. Please note that there are no other teams or colleague working for C from A.
2) Will it be possible for my consultant, A to sue me by assuming that i joined C, without any basis or evidence.
3) What if i joined different company D (for 6 months as a bridge company) and come back to C. Can, A, still sue me at random times with out any supporting documents or evidence?
When i looked at net, i found one can sue anybody at anytime.
So, Does that mean A can sue me at any time after my employment with them? or there should be reasonable evidence or document required to file a law suit against someone.
And also, Is there any way an employer can find where his ex-employee is working, Like getting the court order to asking me to submit my latest pay stub or my current offer letter?
I have seen lot of posts where people discussed about their ex-employer came to know about the "breaking the non-compete contract".
But, Can someone please explain how the ex-employer found that or can find that info?
Thanks
Sridar
Also - You are right that one can sue for no reason. In fact most employers sue just to bankrupt and stress out former employees just for revenge. The people with the deepest pockets usually win. You will never be able to last out the legal fees etc as an individual and that is the intention - eventually you may have a case to have it thrown out of court or win the defence - but would you be willing to last out 3 years of fees and headache ?
Check if your current contract has the word "indirectly" written in it. If not then you may be able to work some 3rd party angle for a temporary period with your prospective employer.
If you have an EAD handy you might want to look at 1099 contracting to your prospect (check if legal with Immigration lawyer) so you show up in the system as self employed.
Sorry i cant be of more help - but these are the facts as i see them
Guys,
My situation is more common, but i have couple of odd questions....
A --> B (Vendor ) --> C (End client)
A is my current H1 holder, with whom i signed non-compete agreement.
End client, c is interested in hiring me. I am also interested. But i told C about non-compete. So, C talked to A for H1 transfer but he is not agreeing for that (even for monetary compensation). But, B is ok with H1 transfer.
So,
1) If i quit my current employer, A. and join C. How will "A" know that i actually broke the contract. Please note that there are no other teams or colleague working for C from A.
2) Will it be possible for my consultant, A to sue me by assuming that i joined C, without any basis or evidence.
3) What if i joined different company D (for 6 months as a bridge company) and come back to C. Can, A, still sue me at random times with out any supporting documents or evidence?
When i looked at net, i found one can sue anybody at anytime.
So, Does that mean A can sue me at any time after my employment with them? or there should be reasonable evidence or document required to file a law suit against someone.
And also, Is there any way an employer can find where his ex-employee is working, Like getting the court order to asking me to submit my latest pay stub or my current offer letter?
I have seen lot of posts where people discussed about their ex-employer came to know about the "breaking the non-compete contract".
But, Can someone please explain how the ex-employer found that or can find that info?
Thanks
Sridar
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solaris27
10-19 03:13 PM
Its okay , I was also in same sitiuation but my Manager helped me to file GC in one month after joining even they had rule of same waiting period of one year .
He was american and he understand our problem .
Talk to your manager if manager is your side then no problem ....
He was american and he understand our problem .
Talk to your manager if manager is your side then no problem ....
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ven_gee
07-17 08:21 PM
Your priorities should drive your decision. I am sure, when given a reasonable explanation, her parents would back your intentions and agree.
You SHOULD start somewhere ... "Just do IT !!!"
You SHOULD start somewhere ... "Just do IT !!!"
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tcdsarun
10-01 05:09 PM
roseball: Thank you so much for your reply. It is really supportive.
I spoke with my current company lawyer and he says that I can apply in EB2 with the current employer since I got promotion recently and it got 50-50 chances. My company is consulting company with handful of employees (who has got good histories). Now I'm thinking to give a try by applying in EB2 with the current employer. The reason is:
#. Good luck: no audit then everything is good.
#. Bad luck: Audit comes, then I will pull out my application and then change to new employer and from them apply in EB2.
Anyway it will take to 8-9 months minimum to start the GC process in EB2 with new employer instead of that just give a shot with current employer.
Thank you
Arun
I spoke with my current company lawyer and he says that I can apply in EB2 with the current employer since I got promotion recently and it got 50-50 chances. My company is consulting company with handful of employees (who has got good histories). Now I'm thinking to give a try by applying in EB2 with the current employer. The reason is:
#. Good luck: no audit then everything is good.
#. Bad luck: Audit comes, then I will pull out my application and then change to new employer and from them apply in EB2.
Anyway it will take to 8-9 months minimum to start the GC process in EB2 with new employer instead of that just give a shot with current employer.
Thank you
Arun
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gc28262
11-28 11:39 PM
We completed our finger printing today ( Nov 28,2007). Even though our appointment was scheduled on Dec 01, 2007 at 1:00 PM at Newark NJ, fort worth ASC didn't have any issue in taking our finger prints except for the timing. We made sure that we appeared for FP at 1:00 PM.
Friendly staff except that they didn't allow any bags or cellphones:mad:
Friendly staff except that they didn't allow any bags or cellphones:mad:
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actaccord
01-31 08:46 AM
related to Employer-Employee relationship issue. Most of the time employees of consulting company are the one facing this issue. If work location is different from the company base address then question about the client and project raises, which most of the time turns out to be difficult case to prove employee-employer relationship and they end up with 221(g).
Companies needs take initiative and work with their lawyers to make sure employees are not affected during the trips (to home country), but very rarely company takes care of this without any issue pops up which is very sad.
221(g) is rampant in India nowadays for IT consulting companies.
ILW.COM - immigration news: H1B and H-4 Visa Applications in India Plagued by 221(g) Refusals: Part 1 (http://www.ilw.com/articles/2011,0127-murthy.shtm)
Companies needs take initiative and work with their lawyers to make sure employees are not affected during the trips (to home country), but very rarely company takes care of this without any issue pops up which is very sad.
221(g) is rampant in India nowadays for IT consulting companies.
ILW.COM - immigration news: H1B and H-4 Visa Applications in India Plagued by 221(g) Refusals: Part 1 (http://www.ilw.com/articles/2011,0127-murthy.shtm)
more...
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rameshvaid
10-14 02:09 PM
Not sure why people would be giving me red for asking this question.. I don't really care on the red dots or green dots as it does not stop me coming here and get help I need or help someone in need. I know this forum is for and from people who are qualified enough to be here.. and I hope we understand this and move on..
Why bother?? You have done nothing wrong but asked a legitimate question. I have seen many threads which has nothing to with the policies of IV or immigration but still had lengthy debats. Few people are here with pre-drawn notions and believe in red and green dot game. You should feel good in what you do and be a proud member of IV and contribute whatever way you can to the Good Causes we all are here for..Just Relax..go and apply for SSSn # for you son..
Good Luck..
RV
Why bother?? You have done nothing wrong but asked a legitimate question. I have seen many threads which has nothing to with the policies of IV or immigration but still had lengthy debats. Few people are here with pre-drawn notions and believe in red and green dot game. You should feel good in what you do and be a proud member of IV and contribute whatever way you can to the Good Causes we all are here for..Just Relax..go and apply for SSSn # for you son..
Good Luck..
RV
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dealsnet
03-25 02:29 PM
Forget about EB2 with 3 year degree.
Now a days, even EB3 is difficult with 3 year degree.
EB3 is possible, if job decription not mention about US degree equivalent.
Make the ADVT. wording to suit 3 year degree, associate degree or no degree for the post.
You cannot combine experience, PG diploma to add one more year to your three year degree to make equivalent four year US degee.
I know one person got I-140 denied, even after 3+1+2 year degree. He got PERM certified, but I-140 is denied for degree(EB2), even though he have 2 year masters from India.
For H1B, they will agree for the combination of degree and experiance, not for GC.
Now a days, even EB3 is difficult with 3 year degree.
EB3 is possible, if job decription not mention about US degree equivalent.
Make the ADVT. wording to suit 3 year degree, associate degree or no degree for the post.
You cannot combine experience, PG diploma to add one more year to your three year degree to make equivalent four year US degee.
I know one person got I-140 denied, even after 3+1+2 year degree. He got PERM certified, but I-140 is denied for degree(EB2), even though he have 2 year masters from India.
For H1B, they will agree for the combination of degree and experiance, not for GC.
more...
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maheshf
07-24 01:50 PM
I am in the same boat. I am trying to port PD from my previously approved I-140 ( June 2006)..but wouldn�t know unless I140 is approved.
Not sure if we can contact USCIS and inquire about it.
Not sure if we can contact USCIS and inquire about it.
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FinalGC
08-29 09:38 AM
I believe they want to avoid any phone calls. Since everybody who has called the 800 # has refered to the processing dates......Smart move by NSC and TSC. I believe this will give NSC and TSC the opportunity to process cases beyond those dates without getting questioned.
HOPE continues...Hope they will process cases beyond these published dates.
HOPE continues...Hope they will process cases beyond these published dates.
more...
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delhiboy
10-11 11:24 AM
Same case here. Got EAD cards but no FP.
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guchi472000
05-07 01:21 PM
Hi All,
I received one RFE and FP notice last month(April 09). I dont know what is happening to my case.
I received one RFE and FP notice last month(April 09). I dont know what is happening to my case.
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cheg
08-21 05:53 PM
Got this from murthy.com chat log:
Chat User 2 : Can I reenter the USA on advance parole (sponsored by my spouse's employer), and still work on my H-1 which is sponsored by my employer? I don't have a visa for my H-1 and would like to use the advance parole. Thanks in advance.
Attorney Murthy : This issue is not entirely clear. A person is possibly allowed to work on the H1B and/or the EAD even if s/he enters on H1B status. The safer route is to have filed an EAD application before departing so that the EAD will allow one to state that s/he could have worked in either category. The Legacy INS Memos of March 2000 and May 2000 allow one to be able to file an H1B extension of status even if s/he entered the U.S. on the AP, which could lead to the conclusion that the USCIS would not object to the person's working based only on the H1B, though this issue is not entirely clear.
Chat User 2 : Can I reenter the USA on advance parole (sponsored by my spouse's employer), and still work on my H-1 which is sponsored by my employer? I don't have a visa for my H-1 and would like to use the advance parole. Thanks in advance.
Attorney Murthy : This issue is not entirely clear. A person is possibly allowed to work on the H1B and/or the EAD even if s/he enters on H1B status. The safer route is to have filed an EAD application before departing so that the EAD will allow one to state that s/he could have worked in either category. The Legacy INS Memos of March 2000 and May 2000 allow one to be able to file an H1B extension of status even if s/he entered the U.S. on the AP, which could lead to the conclusion that the USCIS would not object to the person's working based only on the H1B, though this issue is not entirely clear.
sheela
08-06 10:12 AM
However, there have been approvals with dates starting src 08******
SRC07259500
still waiting
SRC07259500
still waiting
seebv
02-21 04:09 PM
I am joing this group.
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