acecupid
07-02 06:04 PM
Have you already emailed the addresses you mentioned in your post? I mailed some newspaper reporters in PA this afternoon. Quoted the AILA.
I emailed most of the email ids on the list. Except for some entertainment show emails which are included in the list. I'm looking forward to NBC, because MSNBC ran some message boards for EB immigrants during the immigration bill debacle.:cool:
I emailed most of the email ids on the list. Except for some entertainment show emails which are included in the list. I'm looking forward to NBC, because MSNBC ran some message boards for EB immigrants during the immigration bill debacle.:cool:
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sledge_hammer
02-15 11:32 AM
There is no such status as "out of project". Based on the fact that you do not have a job and your employer is not paying you, you are out of status already. It is your employer's responsibility to pay you no matter you have a project or not. In fact, it is because of cases like yours that USCIS has raided those desi body shops and put them behind bars.
My advice to you is change your stauts ASAP to F-1 or if you are married, then to H4.
If the bove two options are not something you can do, please leave the country.
I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
Its in pening status.
Out of project since one month.
Thanks
My advice to you is change your stauts ASAP to F-1 or if you are married, then to H4.
If the bove two options are not something you can do, please leave the country.
I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
Its in pening status.
Out of project since one month.
Thanks
WAIT_FOR_EVER_GC
09-01 03:44 PM
Please post your concerns to this thread:
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
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rajuseattle
07-15 01:46 PM
I hope USCIS explains to us on how their work distribution process works.
Forget about that even if they publish every quarter, how many I-485 from each country of chargeability and employment categories are pending any processing, it will help analyse when one can expect their approval.
At this moment TSC is following some Pilot plus program to adjudicate the I-140 and I-485 filed concurrent, that scrwes up many standalone I-140 for whom the PD is not current. According to USCIS policy your I-140 adjudication is independent of the country of chargeability and PD. Now how in the world we explain their Pilot plus program which ignores the I-140s from the retrogressed countries is only USCIS leadership knows.
NSC at least not going into this Pilot plus program and consistent in their approval patterns for both I-140 and I-485.
USCIS is under pressure for both Naturalization cases and the VISA number utilization prior to end of FY2008, which is Sept 30th 2008. We will see some kind of RFEs for July-Aug 2007 I-485 filers during Oct-Dec 2008 timeframe when USCIS has ample time in processing the I-485 petitions.
I dont see any RFE or any other progress on our I-485s until that time...and obviously the approvals will come later when the PDs for india EB-3 and EB-2 start moving further.
Forget about that even if they publish every quarter, how many I-485 from each country of chargeability and employment categories are pending any processing, it will help analyse when one can expect their approval.
At this moment TSC is following some Pilot plus program to adjudicate the I-140 and I-485 filed concurrent, that scrwes up many standalone I-140 for whom the PD is not current. According to USCIS policy your I-140 adjudication is independent of the country of chargeability and PD. Now how in the world we explain their Pilot plus program which ignores the I-140s from the retrogressed countries is only USCIS leadership knows.
NSC at least not going into this Pilot plus program and consistent in their approval patterns for both I-140 and I-485.
USCIS is under pressure for both Naturalization cases and the VISA number utilization prior to end of FY2008, which is Sept 30th 2008. We will see some kind of RFEs for July-Aug 2007 I-485 filers during Oct-Dec 2008 timeframe when USCIS has ample time in processing the I-485 petitions.
I dont see any RFE or any other progress on our I-485s until that time...and obviously the approvals will come later when the PDs for india EB-3 and EB-2 start moving further.
more...
quizzer
08-23 04:59 PM
We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
NSC or TSC?
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
NSC or TSC?
zCool
04-10 08:26 AM
There are 2 separate issues here..
1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.
I agree with other commentors here, you should move on. In your case, moving on would need,
1. Make sure you got paid for actual time you were on the contract.
2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,
Basiically don't be scared, don't get mad, get even..
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.
I agree with other commentors here, you should move on. In your case, moving on would need,
1. Make sure you got paid for actual time you were on the contract.
2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,
Basiically don't be scared, don't get mad, get even..
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
more...
rolrblade
12-04 09:22 AM
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
Exultant, be a little careful with what you are doing here, since the basis for the 485 relies on the fact that there is INTENT on both sides (employee and employer) to take the job available at the time of filing. A company expresses this intent by keeping the I-140 active and not withdrawing, but there could be a question as to your intent with what you are stating to do.
I know you can counter argue this by saying that you are still on the original company's payroll in Jan 08, but when you file for AC21 in Feb 08 and show you new employer as the one in December, there is a question of intent.
I am not trying to scare you or sway your decision, all I am saying is there COULD be a question on your petition in which case be ready with the facts incase there is an interview.
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
Exultant, be a little careful with what you are doing here, since the basis for the 485 relies on the fact that there is INTENT on both sides (employee and employer) to take the job available at the time of filing. A company expresses this intent by keeping the I-140 active and not withdrawing, but there could be a question as to your intent with what you are stating to do.
I know you can counter argue this by saying that you are still on the original company's payroll in Jan 08, but when you file for AC21 in Feb 08 and show you new employer as the one in December, there is a question of intent.
I am not trying to scare you or sway your decision, all I am saying is there COULD be a question on your petition in which case be ready with the facts incase there is an interview.
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talash
05-09 06:29 PM
Thanks for ur input friends .My employer called today and opened a service request for denail notice and Attorny sent them note in writing that we didnt get denail notice as of today .I hope that way i can buy some time for MTR.Others employees of the same company who got RFE on A2p continue to get their approvals so i really dont know what went wrong here .
more...
balasundaram_s
07-12 03:51 PM
Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....
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soma
02-11 01:12 PM
I think the new name check change, will help the system work FIFO.
This is what the system is intended to do.
Also, as time goes by, this will make the PD more transparent, so instead of having dreams and making wild guesses, there can be somewhat logical guessing.
I know it is not possible as it is USCIS and anything can be true.
But i am really happy for people with older PD's who have been struck with FBI Name checks.
Please help IV with the letter campaign and also lets get together and try to make the system more transparent and open.
GO IV GO. TOGTHER WE CAN.
But even with primitive PD's if visa nos are not available, things will still be the same. What say abt 6 yr old pd's in EB2...namecheck removal doesn't help!!!
This is what the system is intended to do.
Also, as time goes by, this will make the PD more transparent, so instead of having dreams and making wild guesses, there can be somewhat logical guessing.
I know it is not possible as it is USCIS and anything can be true.
But i am really happy for people with older PD's who have been struck with FBI Name checks.
Please help IV with the letter campaign and also lets get together and try to make the system more transparent and open.
GO IV GO. TOGTHER WE CAN.
But even with primitive PD's if visa nos are not available, things will still be the same. What say abt 6 yr old pd's in EB2...namecheck removal doesn't help!!!
more...
June05
10-19 11:30 AM
"What it means that when you apply your 2nd I-140, make sure you request for PD porting as well."
This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?
This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?
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Jeff Wheeler
03-18 03:00 PM
What do you think it implies? I think what makes it so interesting is the fact that its a little controversial and actually makes you think.
Not sure I can really go into it without breaking the rules of this forum.
Not sure I can really go into it without breaking the rules of this forum.
more...
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starving_dog
05-27 11:34 AM
I believe that the illegal immigrant issue is the sticky whicket and that section of the legislation will be slashed and burned.
For us, I think that the House will want a reduction in EB visas. They may go for removing the dependent's counting against the quota to even it out.
Just a humble opinion. IV keep up the good work and remember, you can't please all the people all the time.
For us, I think that the House will want a reduction in EB visas. They may go for removing the dependent's counting against the quota to even it out.
Just a humble opinion. IV keep up the good work and remember, you can't please all the people all the time.
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krishmunn
03-08 08:52 AM
Degree may be from anywhere in world as long as the institute is accredited by local accredeting body. I checked U21 and really could not understand its legal status. It looks like a group of universities under one umbrella body. As long as you have a degree from a accredited university, you are fine.
Once again, you will need a Masters degree , a diploma will mostly not work (but check with attorney)
Once again, you will need a Masters degree , a diploma will mostly not work (but check with attorney)
more...
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rimzhim
02-08 08:35 PM
rimzhim,
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I was not around when berekeleybee was here. I joined this forum recently because my old lawyer kept telling me the dates will move and I was not aware of the seriousness. anyway, looks like what this person berekelybee says is true, and that is not nice news.
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I was not around when berekeleybee was here. I joined this forum recently because my old lawyer kept telling me the dates will move and I was not aware of the seriousness. anyway, looks like what this person berekelybee says is true, and that is not nice news.
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GCBy3000
01-04 04:19 PM
Its law the day when it is signed by the president unless there is clause in the bill to postpone the impelmentation.
I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(
I guess it becomes law on or before 2/15, as Pres must sign these bills in to law on or before 2/15. Not sure when we can file for 485. :(
more...
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paskal
09-22 12:01 PM
there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
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ZeroComplexity
07-14 09:01 PM
Shouldn't the processing move quickly because of non-availability of visa numbers, the apps are reciepted anyway. Are they pre-adjucating I-485 applications?
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Biking
06-04 12:03 PM
Narrow-minded, selfish people like yourself took advantage of July 07 disaster and got your EAD when your PD viz EB3 Dec 2005 was NOWHERE CLOSE TO BEING CURRENT!
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
javadeveloper
08-18 12:46 PM
How about this education for EB2
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
humdesi
12-14 12:02 AM
Can somebody explain how unused visas are recaptured?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?