rongha_2000
10-11 04:52 PM
Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
.jpg "wallpaper mobile nokia 5233.")
dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
sunny02
08-18 01:35 PM
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
.jpg "Free download Nokia 5233")
ek_akela
09-11 10:34 AM
Is there some clause where you need to be on a constant payroll once you apply 485..One of my friend who recently got laid off and thinks it might take him another couple of months to find a decent project..and during that time he won't be paid
more...
calabor2001
06-20 05:44 PM
Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.
But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.
If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!
But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.
If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!
Can2004
08-03 10:19 AM
How often is finger printing required/asked for during the 485 process.
Thanks
Thanks
more...
ivar
04-09 10:05 PM
OMG :eek: 3 months to withdraw PERM!
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
Desertfox
02-07 06:33 PM
desi3933, Thank you so much for posting this document. I will keep a copy of this with me while travelling through the border cities.
I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.
I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.
more...
saji007
05-02 02:50 PM
1. New employer while filing for H1 Transfer will get 3 year
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
pmb76
07-14 12:42 AM
I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:
Re: July Visa Bulletin revision
Dear Representative Lofgren,
Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.
It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.
I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.
The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.
Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.
Sincere Regards,
XYZ
Re: July Visa Bulletin revision
Dear Representative Lofgren,
Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.
It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.
I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.
The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.
Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.
Sincere Regards,
XYZ
more...
nashim
07-28 09:35 AM
If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
hindu_king
07-02 10:33 AM
So after 2 weeks of torture and $4000 later we are all screwed.
more...
Anders �stberg
January 17th, 2005, 09:58 AM
Nice job Anders. 2,3,4 and 5 are the best of these I believe. You're exactly right about practice. The more you shoot the better you will get, as you are demonstrating. Patience and alertness are the key as well. When you can't control what's happening, you have to anticipate, and be alert to catch in when it happens. Shooting from the penalty box allows from some great shots. Be alert in there though. The first time I did that a puck whistled by myhead. Thank goodness I ducked and moved my head. Water from the ice was literally on my ear and the puck hit behind me. I would have hit me square in the head.
Thanks Steve!
Something I need to get a grip on is post processing and white balance...
Pucks are scary... A couple of games back it was a bit too hairy for comfort. The arena had plexi everywhere except just next to the players' boxes on the opposite from where I'm used to standing. I talked my way onto a high bench next to one of the teams, and this was apparently the place the defenders tended to clear pucks. :) I had three flying quite close, two of which I saw and could duck, and one I completely missed while looking in the camera. One of the "water girls" with the team told me it hit the wall beside me and bounced out the other side. :o I'm wondering if maybe I should have a helmet on.
Thanks Steve!
Something I need to get a grip on is post processing and white balance...
Pucks are scary... A couple of games back it was a bit too hairy for comfort. The arena had plexi everywhere except just next to the players' boxes on the opposite from where I'm used to standing. I talked my way onto a high bench next to one of the teams, and this was apparently the place the defenders tended to clear pucks. :) I had three flying quite close, two of which I saw and could duck, and one I completely missed while looking in the camera. One of the "water girls" with the team told me it hit the wall beside me and bounced out the other side. :o I'm wondering if maybe I should have a helmet on.
shantanup
10-15 08:25 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
more...
loudoggs
10-31 01:40 PM
Here you go....search for USCIS Application Support Center in google....Unable to find phone number....
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XAC&OfficeLocator.office_type=ASC&OfficeLocator.statecode=GA
Street Address
The Application Support Center that serves your area is located in Atlanta, GA.
The address is:
USCIS Application Support Center
1255 Collier Road, Suite 100
Atlanta, GA 30318.
Office Hours and Directions
OFFICE HOURS:
This office provides services to the general public by appointment from 8:00AM to 4:00PM, Tuesday through Saturday.
This office provides services to military personnel from 9:00AM to 3:00PM, Tuesday through Saturday. Military personnel do not need an appointment.
Does anyone know phone no. and office hours for Atlanta Field Office. Thanks
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XAC&OfficeLocator.office_type=ASC&OfficeLocator.statecode=GA
Street Address
The Application Support Center that serves your area is located in Atlanta, GA.
The address is:
USCIS Application Support Center
1255 Collier Road, Suite 100
Atlanta, GA 30318.
Office Hours and Directions
OFFICE HOURS:
This office provides services to the general public by appointment from 8:00AM to 4:00PM, Tuesday through Saturday.
This office provides services to military personnel from 9:00AM to 3:00PM, Tuesday through Saturday. Military personnel do not need an appointment.
Does anyone know phone no. and office hours for Atlanta Field Office. Thanks
sraghava
10-08 02:29 PM
I have the same case as user beautifulMind ..
I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).
Should she use her OPT-EAD or I-485 EAD ?
I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).
Should she use her OPT-EAD or I-485 EAD ?
more...
ishakapoor
02-16 01:56 PM
I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
What documents are required for COS from H1 to H4?
Where is this question of maintaining legal status coming from?
What documents are required for COS from H1 to H4?
Where is this question of maintaining legal status coming from?
ingegarcia
06-15 03:40 PM
Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.
What about the option
Refiling LC in PERM due to .... changing jobs, etc
What about the option
Refiling LC in PERM due to .... changing jobs, etc
pappu
12-20 11:01 PM
I will also be attending this meeting. IV members from Tristate area are welcome to join.
pcs
07-02 03:16 PM
I will sign up but HOW TO ????
abhishek101
05-28 07:28 PM
It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?
If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,
there is only one exception
If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.
If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,
there is only one exception
If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.
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