green_card_curious
03-08 01:04 PM
Thanks Hopefulgc. What is AFAIK?
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naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
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amitkhare77
11-16 12:19 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
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123456mg
07-25 07:58 PM
Come on Saroj76, I know you were drunk when you posted this message that has nothing to do with the discussion thread. I wonder to see if you are doing a kind of advertisement for this lawyer in this forum. Just to let you know, this is not meant for advertisement of your buddies but a serious discussion. You are hereby warned.
He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.
http://webberlaw.com/
He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.
http://webberlaw.com/
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Rajeev
08-10 02:54 PM
By other poster...
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
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bharad
09-21 04:01 PM
wanted to share my experience with anticompete
I have been a consultant with vendor V at client C for over 4 years now, wanted to change the vendor but this guy showed an anti compete I signed with him at previous client(no contract signed for current client though) mentioning anticompete for any future clients of Vendor.
The company is based off New York where anticompete is followed, so I had to forgo my plans of joining another vendor for the client.
I have been a consultant with vendor V at client C for over 4 years now, wanted to change the vendor but this guy showed an anti compete I signed with him at previous client(no contract signed for current client though) mentioning anticompete for any future clients of Vendor.
The company is based off New York where anticompete is followed, so I had to forgo my plans of joining another vendor for the client.
more...
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dixie
08-09 08:58 AM
NoBody will get greencard .it is a scam.
that seems a more realistic prediction :D
that seems a more realistic prediction :D
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singhsa3
04-12 02:57 PM
Nice thoughts Harvinder,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
more...
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eb3_nepa
10-02 02:00 PM
It should be pointed out that starving dog is a cdn, and thus he is not required to give up I-94 when visiting canada.
Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.
Well thats kinda hard to do right since you dont have ur I-94 anymore;)?
Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.
Well thats kinda hard to do right since you dont have ur I-94 anymore;)?
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golf52
07-26 08:44 AM
krish.d.rao, Morchu,
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
more...
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xela
06-17 08:53 AM
We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
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svr_76
01-09 03:32 PM
Use of such words is treated as a racial slur :-)
[Ref: Ongoing Cricket series between Australia and India]
[Ref: Ongoing Cricket series between Australia and India]
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forever_waiting
04-07 08:35 PM
its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.
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purgan
08-15 12:41 PM
I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.
The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.
The only thing that can help us is a legislative fix. Please help IV help ourselves!
The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.
The only thing that can help us is a legislative fix. Please help IV help ourselves!
more...
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krishmunn
04-07 12:12 PM
When one should feel to donate, they can donate. Doesn't mean that you donated, means everyone should donate.
It is about donation, not Haptaa-vasooli.....
So, before taunting anyone you should understand the meaning of "Donation".
Hold on .... I am NOT taunting any one . Even I did not contribute for many months . I had a major conflict with many IV members including Papu regarding some of IVs objectives.
While I still hold my views , I can see IVs effort in other directions as well and that made me contribute to specific efforts.
Remember , I am using the word "contribute" and not "donate" . That is your word.
It is definitely up to you when you get convinced.
It is about donation, not Haptaa-vasooli.....
So, before taunting anyone you should understand the meaning of "Donation".
Hold on .... I am NOT taunting any one . Even I did not contribute for many months . I had a major conflict with many IV members including Papu regarding some of IVs objectives.
While I still hold my views , I can see IVs effort in other directions as well and that made me contribute to specific efforts.
Remember , I am using the word "contribute" and not "donate" . That is your word.
It is definitely up to you when you get convinced.
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lostinbeta
10-03 01:33 PM
Well then for all you know, your equation could equal less than mine :evil:
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vnsriv
10-08 02:14 PM
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
Your sentences are confusing. Please no offense.
You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.
My case : got GC on June. Filed wife's case in June and she has an EAD.
All the best.
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centaur
03-27 05:50 PM
Yes. Thats true. My cousin is in the law school here and he says that the laziest or weakest in the class go for immigration law (usually, there are exceptions) as it's "easy" most of the time you are just filing forms and immigrant like us pay on time, are polite and dont cause them "stress".
A lot of them have "UNPAID" interns, usually law students, do all the work while they are hardly working (playing golf, socializing..) and then they sign all these forms in 20-30 minutes, if they decide to work that day.
Such is the story of lot of immigration lawyers. A lot of us I am sure do not like their lawyers.
Lawyers do not even read the full application properly. They delegate the responsibility of reading and writing applications to their trainees and paralegals. I do not even know why lawyers charge such heavy fees for not doing any hard work. Lawyers do not even tell you which documents to send when you file application. They keep asking documents one by one. Can't they keep a list of all documents for each application form and send it to their clients in advance. Such problems are faced with people who have both big lawyers and small lawyers.
Another thing. I saw the list of top lawyers by bestlawyers.com and saw their selection criteria. It seems lawyers select each other. I wish they had clients rating lawyers and not peer review.
No wonder only the worst students of law become immigration lawyers. Oops, i said something bad!! Some lawyer reading this will sue me for saying this...
A lot of them have "UNPAID" interns, usually law students, do all the work while they are hardly working (playing golf, socializing..) and then they sign all these forms in 20-30 minutes, if they decide to work that day.
Such is the story of lot of immigration lawyers. A lot of us I am sure do not like their lawyers.
Lawyers do not even read the full application properly. They delegate the responsibility of reading and writing applications to their trainees and paralegals. I do not even know why lawyers charge such heavy fees for not doing any hard work. Lawyers do not even tell you which documents to send when you file application. They keep asking documents one by one. Can't they keep a list of all documents for each application form and send it to their clients in advance. Such problems are faced with people who have both big lawyers and small lawyers.
Another thing. I saw the list of top lawyers by bestlawyers.com and saw their selection criteria. It seems lawyers select each other. I wish they had clients rating lawyers and not peer review.
No wonder only the worst students of law become immigration lawyers. Oops, i said something bad!! Some lawyer reading this will sue me for saying this...
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antihero
11-26 12:53 PM
Hi Guys,
I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.
I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?
Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?
I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.
I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?
Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?
reddymjm
05-21 04:48 PM
Though NSC says Feb18th for EAD my sister who filed on MAR 2nd got her approval last friday so it is less than 75 days.
mhtanim
01-30 01:52 AM
Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.
If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.
Comments from anybody with more knowledge on this will be highly appreciated.
If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.
Comments from anybody with more knowledge on this will be highly appreciated.
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