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Lawyer said they filed on 21st and waiting on the decision. Hope my application is not effected.

WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.

Thanks, according to your reply, it seems it will be good if I leave the company before the I140 gets revoked. Also, what happens if it gets revoked after I leave the company?

Very first thing hire your own attorney if new company is not providing one. Have your attorney send USCIS G-28 (change of attorney) on your 485 and other pending cases. Make sure the new attorney sends this out on the second day you meet him. This way your ex employer's attorney will have not control over your case. Spend money from your own pocket if new company not providing attorney as this is an important thing.

I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

2...by submitting any paperwork to them can he hamper my proessing?

3...Do i have anything to scare about?

4...what should i do now?


This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

I need help.....please let me know what should i do....please people help me....

Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

Other thing, the 6 months, is counted from the receipt date or the approval date?

i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

But now he is claiming that i cant join full time with the client as well.

During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?

Didnt you read the paper before sign the paper. Also dont you have the copy of that

If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

Be careful and try some way (as suggested above) to know about your I-140. All the best.

After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center

Congrats, yup i have seen others with the same in some forums where the online status shows pending but the case is approved.

We have a potential opportunity to get featured in LA times. We are looking for examples from our student community who has missed the H1B lotto last year and pursued an opportunity in another country or for students who are anxiously waiting this year's Lotto. We have been asking in Southern California for examples from yesterday but no one came forward yet


Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan

From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.

This thread is being closed as posted earlier in the thread. There will be mini action items posted in future by leaders of this initiative. Please participate on those initiatives.

Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.

What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!



We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??

Well, here are the thoughts.

American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.

EB3 India se pehle EB3 ROW ka number aye ga ... maybe even before EB2 I :D

Hey all,

I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.

I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )

I have another new job offer (permanent) from a company in bedford, boston.

The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:

So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.

2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.

3. Another option I can think of is forget this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?

Appreciate any opinions.

Pappu,

Thanks for the response! I really appreciate that.

I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.

All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.

From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.

Thanks again!

Thanks.
Try to gather more people in the same boat. Once you have a critical mass you can raise that issue better with lawmakers, media, administration...

Nice.. Now that's what I call as out of box thinking lol ;) not sure where you got the idea from but it was a fun light read. Have a good weekend.

OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.

Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.

who votes for this russian roulette option? :D

But the way its worded now, it means no benefit for people who have no master's or Ph.D from US accredited university.

And you have to have 3 year experience to top it. From the wording, it means probably before you filed you I-140, you need to have 3 years of experience in relevant field.
So, there is no hope to people who are waiting for H1 visas to start working before Oct,2006 ? ( too much time ..!)

Left voice mails

Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".

The sorting for priority date is not working right.
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.

Its getting better!