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glus
03-27 07:47 AM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
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RadioactveChimp
04-18 11:37 PM
nice! Very creative
kamand
01-04 11:41 PM
Hi,
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
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texcan
02-13 02:41 PM
no replies? cant believe i am the only one in this situation :)
please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.
I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.
IMO you should get AP and then travel, you sure can go for h1 stamping.
HTH
please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.
I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.
IMO you should get AP and then travel, you sure can go for h1 stamping.
HTH
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sangmami
07-12 09:37 AM
/12/2007: USCIS Reportedly Returning Visa Numbers to DOS
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess
can any1 interpret wat this means
thanks
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess
can any1 interpret wat this means
thanks
ubaidu
10-25 08:35 PM
Folks,
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
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watzgc
11-16 03:07 PM
hi pdoc05,
thanks for the reply.
plz update me the status ...
urs sent TSC or NSC ?
thanks,
thanks for the reply.
plz update me the status ...
urs sent TSC or NSC ?
thanks,
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venkatpuli
07-19 04:04 PM
Same thing happend to me. I am also waiting for reply.
KSVREG, Please let me knwo if you get any update on this.
KSVREG, Please let me knwo if you get any update on this.
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eastindia
11-16 04:14 PM
Share experience about Vonage about calling India.
Vonage, a provider of voice over Internet protocol phone service, has reached a settlement with Kentucky, Indiana and 30 other states over allegations of deceptive marketing and unscrupulous customer service procedures.
Under the agreement, Vonage will make �significant� changes to its marketing practices and handling of consumer cancellation requests. It also will provide refunds to eligible customers.
The company will pay the states a total of $3 million for reimbursement of legal and investigative costs. Kentucky�s portion of the reimbursement is $45,000, according to a news release from Kentucky Attorney General Jack Conway�s office.
Vonage officials could not immediately be reached for comment.
Vonage was ordered to provide refunds to customers who did not receive rebates they believed they were due because their accounts weren�t open long enough to qualify or because they spent a portion of their trial periods waiting to receive or return equipment.
Refunds also will be provided to customers who were assessed excess usage charges without being informed of usage limits, received additional monthly service charges because of difficulty in canceling service, or received charges for unordered services and equipment offered as free.
Under the settlement, Holmdel, N.J.-based Vonage (NYSE: VG) must revise its disclosures for offers of free services, money-back guarantees and trial periods, according to the release. The company also must follow strict guidelines in dealing with customers wishing to cancel their service.
Through their investigation, the states found that Vonage paid bonuses to customer service representatives who retained customers. As a result, many customers had difficulty canceling their service.
Now, Vonage must record and verify conversations between customers and the company�s customer service representatives, according to the release.
Vonage customers who believe they are eligible for a refund under the settlement can call the Kentucky Attorney General�s Office of Consumer Protection hotline at (888) 432-9257, or download a complaint form at Kentucky: Attorney General Jack Conway - Forms (http://ag.ky.gov/civil/consumerprotection/complaints/forms.htm).
Vonage reaches settlement with states - Business First of Louisville: (http://louisville.bizjournals.com/louisville/stories/2009/11/16/daily11.html)
Vonage, a provider of voice over Internet protocol phone service, has reached a settlement with Kentucky, Indiana and 30 other states over allegations of deceptive marketing and unscrupulous customer service procedures.
Under the agreement, Vonage will make �significant� changes to its marketing practices and handling of consumer cancellation requests. It also will provide refunds to eligible customers.
The company will pay the states a total of $3 million for reimbursement of legal and investigative costs. Kentucky�s portion of the reimbursement is $45,000, according to a news release from Kentucky Attorney General Jack Conway�s office.
Vonage officials could not immediately be reached for comment.
Vonage was ordered to provide refunds to customers who did not receive rebates they believed they were due because their accounts weren�t open long enough to qualify or because they spent a portion of their trial periods waiting to receive or return equipment.
Refunds also will be provided to customers who were assessed excess usage charges without being informed of usage limits, received additional monthly service charges because of difficulty in canceling service, or received charges for unordered services and equipment offered as free.
Under the settlement, Holmdel, N.J.-based Vonage (NYSE: VG) must revise its disclosures for offers of free services, money-back guarantees and trial periods, according to the release. The company also must follow strict guidelines in dealing with customers wishing to cancel their service.
Through their investigation, the states found that Vonage paid bonuses to customer service representatives who retained customers. As a result, many customers had difficulty canceling their service.
Now, Vonage must record and verify conversations between customers and the company�s customer service representatives, according to the release.
Vonage customers who believe they are eligible for a refund under the settlement can call the Kentucky Attorney General�s Office of Consumer Protection hotline at (888) 432-9257, or download a complaint form at Kentucky: Attorney General Jack Conway - Forms (http://ag.ky.gov/civil/consumerprotection/complaints/forms.htm).
Vonage reaches settlement with states - Business First of Louisville: (http://louisville.bizjournals.com/louisville/stories/2009/11/16/daily11.html)
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pnara2
02-27 01:13 PM
I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
more...
reddyreddyrahul
05-04 06:26 PM
Hi.
Company A was holding my H1 and i was working at client location at client C thorugh a vendor B. Company A was not paying me correctly and was bugging during my payments.
I dint had any writen contract with A saying i would stay this long Nor any Non copetenct Agrement between me and Company A. Company B is a good friend of mine So i swicthed and transfered by H1 to Company X and still working at C through Company B. So he ended my contract with A and started with X I am not sure if Company A and B had any non compitency Aggrement about me.(I dint Sign any papers). Now A is calling and leaving voice mails saying you are still working at C and will take leagal action on me. Company A still Owes me lot of money around 30K how should my mney back.
Please advice how should i proceed. what legal action possibilities are there that Comapny A can take on me and company B ?
I would appreciate your feedback.
Thanks.
Company A was holding my H1 and i was working at client location at client C thorugh a vendor B. Company A was not paying me correctly and was bugging during my payments.
I dint had any writen contract with A saying i would stay this long Nor any Non copetenct Agrement between me and Company A. Company B is a good friend of mine So i swicthed and transfered by H1 to Company X and still working at C through Company B. So he ended my contract with A and started with X I am not sure if Company A and B had any non compitency Aggrement about me.(I dint Sign any papers). Now A is calling and leaving voice mails saying you are still working at C and will take leagal action on me. Company A still Owes me lot of money around 30K how should my mney back.
Please advice how should i proceed. what legal action possibilities are there that Comapny A can take on me and company B ?
I would appreciate your feedback.
Thanks.
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Appu
05-25 11:21 AM
Depends on where you are going and the route you are taking. You have to clarify transit visa issues. Many airlines will require a transit visa if you don't have the green card.
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jcrajput
09-30 09:51 PM
Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
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10-01 07:25 PM
Ours got approved approved today 10/01/2010.
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Congrats. Waiting for mine..
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ddeka
02-14 03:24 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
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va_dude
02-04 01:04 PM
I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
more...
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dixie
06-09 01:36 PM
Hi All,
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
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kate123
08-22 04:59 PM
http://timesofindia.indiatimes.com/US_faces_reverse_brain_drain_says_study/articleshow/2302417.cms
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realizeit
07-23 03:40 PM
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4007)
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009
NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING
The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009
NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING
The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.
chinna2003
05-14 11:01 PM
I have EAD through my wifes employment under Eb3 category with a PD 2005. we are expecting a baby in september, so
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
Canadian_Dream
07-25 02:12 AM
http://www.murthy.com/nflash/nf_051607.html
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
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