apb
09-05 06:32 PM
Venkey
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
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jsb
12-19 09:05 AM
If I try to use my AC21 then does title matter?
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
...
Iad
USCIS is not just working on technical people; and they themselves are not technical people. Therefore, just try to have description of new job as close to the original description in LC, as possible (use same words). It is a subjective area. Both titles point out that you are some sort of software engineer, so, I belive, it should be ok. Try to avoid "managing" or "suprervising" in your new job description if it was not in the original description.
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
...
Iad
USCIS is not just working on technical people; and they themselves are not technical people. Therefore, just try to have description of new job as close to the original description in LC, as possible (use same words). It is a subjective area. Both titles point out that you are some sort of software engineer, so, I belive, it should be ok. Try to avoid "managing" or "suprervising" in your new job description if it was not in the original description.
ck_b2001
01-26 09:32 PM
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
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thakurrajiv
07-02 03:10 PM
My company paid for attorney fees. I dont know the amount for that.
My pocket expense
$380 - medical tests
$60 - photographs
$50 - mailing fees.
Obviously, no money can account for the mental torture I and my family have been going through once we learned about visa bulletion revision rumors.
My pocket expense
$380 - medical tests
$60 - photographs
$50 - mailing fees.
Obviously, no money can account for the mental torture I and my family have been going through once we learned about visa bulletion revision rumors.
more...
insbaby
12-13 06:07 PM
All,
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
seahawks
01-20 06:28 PM
Sent mine, who is next. Come on, this is something that does not take too much effort, make a difference. Together WE must do what it takes. All it takes is the write/print a letter, send one to the President and one to IV.
Yes We CAN.. But it takes you and me to make the WE! Stop putting it off for later or feeling you don't count.
Yes We CAN.. But it takes you and me to make the WE! Stop putting it off for later or feeling you don't count.
more...
sledge_hammer
06-05 07:33 AM
This is unsettling...
Revocation of Approved Labor Certifications
The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State.
Revocation of Approved Labor Certifications
The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State.
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GoGreen
11-20 08:35 AM
I dont think law makers would care.
But I know at least 5 of my friends waiting for thier GC's to buy a home.
But I know at least 5 of my friends waiting for thier GC's to buy a home.
more...
skp71
03-18 09:31 AM
Instead to lobbying politicians, why don't we file tons of lawsuits againt USCIS for the process delay? July my opinion.
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jonty_11
07-23 11:59 PM
^^^
more...
mirage
08-10 07:26 AM
And I know people who came to US in 2006. Got 2001 EB2 Labor and are now worknig on EAD. Whenever I see this guy my heart screams to choke DOL.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
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yabadaba
06-05 09:37 AM
Just a query how did you came up with the date of April 2005.
april 2005 would equal a 1 year movement for India EB2 from the june bulletin.
april 2005 would equal a 1 year movement for India EB2 from the june bulletin.
more...
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sprajulu
08-05 11:11 PM
Friends
Category:- EB2
Nationality:- India
PD:- December/2004
I140:- RD May-10-2007/Approved on Dec-21-2007
I485:-Applied Aug 13-2007
Category:- EB2
Nationality:- India
PD:- December/2004
I140:- RD May-10-2007/Approved on Dec-21-2007
I485:-Applied Aug 13-2007
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H4_losing_hope
02-17 07:20 PM
i think CP filers have a valid point to argue for relief. clearly there is an injury to CP filers as the dates were moved forward creating the impression that they will continue to do so or at least hold steady. legal opinion was also in favor of CP based on individual circumstances in many cases. many of these filers already underwent a lengthy BEC process, which newer Perm/I-485 filers never went through. the government flip flop is the cause of this additional injury.
instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.
Thanks for your good rational comments Mantric. They are appreciated.
instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.
Thanks for your good rational comments Mantric. They are appreciated.
more...
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niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
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glus
04-16 09:04 PM
:cool: Yeah, wait till the next one.
If the jump were a mistake, then the visa dates would be corrected immediately and there would a an official notice of the mistake.
If the jump were a mistake, then the visa dates would be corrected immediately and there would a an official notice of the mistake.
more...
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tonyHK12
11-04 10:35 AM
Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.
We have to show the public that we follow laws and our position is the same as that of the US govt - no illegal border crossing.
Employing illegals is breaking the law.
Our loyalty is first with the federal govt obviously.
Openly supporting/harboring/encouraging a single illegal is breaking federal law, and will land a person in Jail and can get him deported.
Its a misconception that voicing opposition to illegals will turn off the public from IV, in fact its the other way around .
If a reader cannot comprehend the difference a legal immigrant makes, they are wasting our time anyway, and should go back to high school.
We are a completely seperate group, and as an organization our only relation with them is due to politics, because of which we try to stay neutral.
We can side with them, if they promise to return all my taxes paid so far. Unlike the undoccumented, we have many options.
The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.
Nothing grandoise is going to happen with immigration for the next few or many years, especially CIR. The only bills that can go through are piece meal and ones targetting specific issues.
I want to repeat, I have nothing against illegals, but the overall opinion of them is pretty negative in the majority of the country.
I hope there is a solution that can help them, but I can't find anything beyond a temporary visa.
We have to show the public that we follow laws and our position is the same as that of the US govt - no illegal border crossing.
Employing illegals is breaking the law.
Our loyalty is first with the federal govt obviously.
Openly supporting/harboring/encouraging a single illegal is breaking federal law, and will land a person in Jail and can get him deported.
Its a misconception that voicing opposition to illegals will turn off the public from IV, in fact its the other way around .
If a reader cannot comprehend the difference a legal immigrant makes, they are wasting our time anyway, and should go back to high school.
We are a completely seperate group, and as an organization our only relation with them is due to politics, because of which we try to stay neutral.
We can side with them, if they promise to return all my taxes paid so far. Unlike the undoccumented, we have many options.
The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.
Nothing grandoise is going to happen with immigration for the next few or many years, especially CIR. The only bills that can go through are piece meal and ones targetting specific issues.
I want to repeat, I have nothing against illegals, but the overall opinion of them is pretty negative in the majority of the country.
I hope there is a solution that can help them, but I can't find anything beyond a temporary visa.
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softcrowd
10-10 06:27 PM
There are many people from these Indian Outsourcing companies who are switching to US comanies or even to local desi bodyshopping companies for various reasons...Like the ones below
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
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BharatPremi
11-15 12:18 AM
BharatPremi,
Congrats that you got it somehow. I also took a Infopass on Nov 7th and status changed to "Doc Mailed" within 2 Hrs of Infopass Appt ( spooky :eek:)and we both discussed about meeting Senator's office if it doesn't come in 7 days.
Looks like time has come for me to meet Senator/Congressman... Today is Nov 14th and in 7 days the mailed doc didn't come. I dont have any lawyer.
Shall i go waste a day and meet Senator or wait for some more - Kind of in a dual doubt and confusion :confused:
I would wait for one more week. Since you do not have lawyer, USCIS has to send you the papers. If within one week nothing happens, Go for one more infopass.. Best Luck.
Congrats that you got it somehow. I also took a Infopass on Nov 7th and status changed to "Doc Mailed" within 2 Hrs of Infopass Appt ( spooky :eek:)and we both discussed about meeting Senator's office if it doesn't come in 7 days.
Looks like time has come for me to meet Senator/Congressman... Today is Nov 14th and in 7 days the mailed doc didn't come. I dont have any lawyer.
Shall i go waste a day and meet Senator or wait for some more - Kind of in a dual doubt and confusion :confused:
I would wait for one more week. Since you do not have lawyer, USCIS has to send you the papers. If within one week nothing happens, Go for one more infopass.. Best Luck.
jonty_11
07-31 12:08 PM
raamski, dont post your receipt number, if you mention like LIN07xxxxxxx that would be fine. edit your post.....
Those ar enot Raamski's #'s...just randome guesses hemade and turns out its areal case number received in july 2007...
Those ar enot Raamski's #'s...just randome guesses hemade and turns out its areal case number received in july 2007...
punjabi
08-28 04:15 PM
hey guys...
I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.
YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.
Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:
"Did You help?"
What will be your reaction? Will you pump your chest out and scream "YESSSS..."?
I know, I will. How about you?
I read this amazing thread and I am feeling terrible guilty of not going to DC for Rally. I thought contributing $100 was enough.
YES, I GOTTA GO TO RALLY AND BE A PART OF THIS EFFORT. AND I WILL GO.
Guys: If IV wins and we are able to change the law.....and then someone comes across you and ask:
"Did You help?"
What will be your reaction? Will you pump your chest out and scream "YESSSS..."?
I know, I will. How about you?