newbee7
07-04 03:59 PM
This is a clear indication of they used the numbers illegaly. There is no way these errors will be accepted by court as a reason to revise the july bulletin.
apahilaj
01-25 07:30 PM
yes we can just pray
Not really...
Stand up for yourself and please mail the letters if you haven't done so.
Not really...
Stand up for yourself and please mail the letters if you haven't done so.
passionit
01-05 05:10 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
americandesi
03-13 04:32 PM
Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
more...
legalrights
08-19 12:27 AM
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
garybanz
09-27 06:49 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
Thanks.
more...
sudiptasarkar
11-06 08:38 AM
Hi,
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
indianindian2006
08-28 01:53 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
more...
yabadaba
10-26 06:19 PM
http://immigrationvoice.org/forum/showthread.php?t=14870&page=3
maddipati1
02-04 05:48 PM
i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
more...
vallabhu
06-11 10:14 PM
I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:
Even I am situation due to I140 denial I am in 9th year extension, I have to start new process soon but I will work on it only I will be eligible for PP of I140.
Even I am situation due to I140 denial I am in 9th year extension, I have to start new process soon but I will work on it only I will be eligible for PP of I140.
ragnarok
07-19 02:39 PM
I've entered the US in 2000.
Can you explain what PD and EB is?
Can you explain what PD and EB is?
more...
pansworld
07-11 11:53 AM
Where we post photographs/names of immigrants and the respective countries that they are from. That way many of us who cannot make it to DC can actually show our support and it will put a human face to the whole thing....
telekinesis
11-18 03:41 PM
At least we know one of mdipi's lacking personal traits include good sportsmanship! :-\
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
more...
tictac
09-09 05:22 PM
absolutely!! im just waiting, as soon as AC21 kicks in, i have a plan ready for these suckers
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
more...
ajju
04-10 12:14 PM
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...
god_bless_you
04-27 12:53 PM
With the following conditions:
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
eb2waiter
09-18 05:00 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Please let me know...
willigetgc?
09-24 10:33 AM
Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....
yorstruly
07-19 02:37 PM
WOW! I am amazed by the effectiveness of this forum. So many specific advice within minutes!!!! :) :)
I am looking at all the websites...
I am looking at all the websites...
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