Mike Tyson Tattoos

As there is high probability that our cases might be in the same batch and might be processed on same day, please update in this thread if you hear anything. I will also do the same.

not that kind of a physician..not on your life pal :p


another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
there is a thread opening up for every mailroom chap in USCIS
Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
well since the professions are moving into hybrid roles...maybe u can diversify ur specializations. :D :D :D

Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.

ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.

iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.

Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

If all fails, You MUST consult an attorney.

IMHO, you should've consulted before you took the job.

===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08

I had a similar experience a long time ago with Madras consulate. At that time, the Officer returned all my documents back without an explanation and hardly asked me a questions. After 2 weeks or so - they send me a letter asking for copies of the all certificates to be submitted along with a letter saying that the case was being reffered to a AFU - Anti Fraud Unit. I send all my education certificates.

It then took them around 3.5 months to clear the application. They asked me to send the passport back with the application copy and I received it with a week with my H1 B stamp. Applied first in June first week and received the Visa around Sept.

This is obviously a traumatic experience for you. But you will be alright once they verify.

In my case, the educations documents were correct and true and it was verified - I do not know how they did it. It is a slow process and you ask for help from a local senator or your company to send a request letter to expedite the case and constantly follow-up with your lawyer who filed the H1 petition.

Also I had a valid B1 visa but I decided it was better to wait for the process to complete before I returned.

Hope this helps. You just need to patient. Best of luck

LUD is still showing some 11/28/2007 date

Hello Unseenguy,
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B


You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.

Your H1 petition is approved. You need to get H1 visa from consulate.


Surya.

I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?

Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.

What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.

She is NOT in H4 status anymore the day your I-485 is approved.

She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.

Consult a good attorney asap.


____________________
Not a legal advice.

Hello All,

Are there any IV Members out there who are current this month (May 2011) and still waiting for their approval email / notification / GC?

I am guessing that everyone who is current this month is already approved by now and his/her visa number (along with dependents visa) is already accounted for by USCIS.

When will USCIS process my 485 case? - this sounds familiar, I have asking this question for the last seven years, are we not all asking this......

mods - please delete

Hi,

My friend has this scenario and want expert advise from IV members.

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending

Question:

1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?

Thanks for your valuable suggestions.

You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.

If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.

I was in between projects when they didnt pay but this time they are not paying when I am on project. shoud I make difference when I will complain?

My Friends,

I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.

I think your postings in EB3-EB2 discussions made you infamous.

I do worry about the stay here rightnow, I do not worry about when green card comes.
I do have family and have to take of many things since we are since 7 year in this country.
It would not be enough time to wind up everything in such a short period of time.

If you are talking about having vacation for 1 year in india and come back after 1 year, there are again 100000 people like me who wants to come back. So it is not simple to come back after you go out of this country, and even though they are going after foreign labor doing american jobs.
Even it will be the good to start GC process from the beginning from different company after H1 transfer and having continues stay rather than going back and finding another US employer. I do not know at this moment, how will that happend.
Anyways, once I go back than I would not like to come back and waste 10 years of my life to become citizen of different country. It is a total waste of time and money. anyways that is a diff story, we are not discussing that here rightnow.

I sent him an email and I will be filing WH4 with DOL if he does not reply.
Rightnow the issue is to find out the reason for I140 Denial, hopefully employer will reply.
Thanks,

depends if u are india or china.....u shud only do EB2.
Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.

Canada attracting educated and highly skilled immigrants
12 October 2006

Canadian immigration policy is doing a good job of attracting skilled immigrants to this country, a Queen's University expert said. The U.S. Senate recently invited Economics professor Charles Beach to provide testimony as part of a major debate on U.S. immigration policy, driven by the large number of illegal immigrants in that country.

Beach told a U.S. Senate committee recently that the growing importance of education, business and work experience as admission standards to Canada has significantly raised the education levels of the 230,000 immigrants who come to Canada annually.

The result is a group of new immigrants who are better educated and experienced, younger and more fluent in either English or French than the whole immigrant population.

Only about 20% of U.S. legal immigrants - one-third the level of Canada - enter the country under independent or economic status based on rules which reward education and work skills. The study did not deal with another touchy issue: making sure that more of these well-educated newcomers get jobs to match their skills.

Some U.S. politicians are considering joining Canada and many other countries in adopting a similar point system tied to credentials.

Beach said "Ironically, our findings have attracted more interest south of the border than from government officials in Ottawa."

Beach said in a separate interview yesterday that Canada has to do a better job of recognizing the credentials of foreign-born professionals and easing the transition to the Canadian job market. "Some training, adjustment and wage subsidy programs were cut because of government deficits in the mid-1990s. I think that is a factor in the slower integration of some well-educated immigrants."

The study found that those with university and post-graduate degrees jumped to 34% of all immigrants in 2000 from only 8% in 1980, while the proportion with only a secondary school education dropped from 59% to 35%.

The proportion with college or related training was flat at 16%, while the balance has little formal education.

The reason for the big shift is that 59% of all immigrants in 2000 entered Canada under independent or economic status determined by a point system - up from 35% in 1980.

The proportion that entered under family unification status dropped from 36% to 27% and those who entered under humanitarian or refugee status dropped even more sharply, from 28% to 13%.

Beach, along with Professor Alan Green of Queen's and Professor Christopher Worswick of Carleton University in Ottawa, studied Canadian immigration after separating out the impact of business cycles and unemployment rates in Canada and the U.S. "It appears that changing Canada's immigration policy to the point system had the desired effect of improving the quality of skill attributes of incoming immigrants," Beach said.

The point system has gone through many changes over the years, giving greater weight to education levels, work experience, the age of entrants and their fluency in English or French. It will likely change again in the future to attract more skilled building and industrial trade people.

Opening the immigration door wider - always a touchy political issue - has a small but negative impact on education levels.

Increasing the total number of immigrants by 100,000 per year - about 35% - reduces the average education of economic immigrants by 2.6% and increases the average age by 1.7%. Canada has a current target of attracting and approving 200,000 immigrants annually.

Last year, approximately 240,000 immigrants were granted visas. There has been discussion during the past summer of increasing the official target to 300,000 annually, in part a response to slightly off-setting Canada's low birth rate.

But increasing the portion of economic immigrants by 10% raises the education and language levels, and reduces the age of all immigrants by about 2% each.

+1 from Dallas

Applicable to all retrogessed guys...

Case deatils :

Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression

Next step H1-B transferred to new employer & redo Labor & I-140.


Question :

Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485

Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????

Please share your info as the attorneys are nuts..


Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??

Please provide with the link


CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Your questions have been already addressed many times in many threads.Please search the forum.
Thank you