Alabaman
07-14 08:26 AM
Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.
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sayantan76
12-07 06:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
ishreeram
07-20 06:40 PM
My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?
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hebron
08-16 03:26 PM
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
more...
desi3933
02-18 06:21 PM
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
pankajkakkar
03-05 07:09 PM
Please email me (kakkar_pankaj@hotmail.com) and I'll try to get us co-ordinated.
more...
pbojja
03-24 05:47 PM
Great job Mark ,Appreciate your efforts
I think the last caller is a stupid and dont know the difference between the Highly skilled and Undocumented workers , he is refereing to workers in restaurent to the H1B workers .
I think the last caller is a stupid and dont know the difference between the Highly skilled and Undocumented workers , he is refereing to workers in restaurent to the H1B workers .
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Sakthisagar
01-25 09:02 AM
Please file a new H1B extension petition with a copy of contract between the client and your company.. the actual contract, if the client/vendor do not want to share that with your attorney then ask the client/vendor to directly send that to USCIS fax number and ask your attorney to mention in a seperate letter that client contract/letter (copy of original) will be sent by their attorney in so and so time.
I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.
Please do needful and be on status.
I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.
Please do needful and be on status.
more...
gee_see
10-19 12:06 PM
As i mentioned in my first post, new job offer salary is more than prevailing wages for that location.
My concern is how USCIS will interpret AC21 cases where the salary is more than prevailing wages for the new location but less than specified in LC.
Does it help if we include a letter explaining salary difference and prevailing wage information for the new location from DOL site
Please advise
My concern is how USCIS will interpret AC21 cases where the salary is more than prevailing wages for the new location but less than specified in LC.
Does it help if we include a letter explaining salary difference and prevailing wage information for the new location from DOL site
Please advise
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optimist578
01-31 03:10 PM
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
Is there a way to track the status of one's I-140 petition through USCIS's website?
Is there a way to track the status of one's I-140 petition through USCIS's website?
more...
paskal
07-29 01:17 PM
good joke too
will try redress your reputation...
will try redress your reputation...
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GCD
07-27 08:37 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
more...
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perm2gc
10-27 07:09 PM
I have applied for my H1B extension in july and got the approval in Aug...:D
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RandyK
07-15 03:18 PM
Congrats!!
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
more...
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Pagal
07-20 08:27 AM
Hello,
IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...
The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.
The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)
IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...
The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.
The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)
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amit79
04-13 12:26 PM
gconmind has nailed it perfectly.
more...
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smartboy75
09-22 11:11 PM
09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
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tinuverma
03-17 01:31 PM
gurus....please help.
Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
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krishmunn
01-05 12:55 PM
They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
saketkapur
03-22 12:12 PM
This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
walking_dude
01-30 12:24 PM
Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
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