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Hi,
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.

He covered mostly which is on this link.

http://www.wral.com/business/local_tech_wire/opinion/blogpost/1672370/

Here's my exact situation:

- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X

- I want to move to Company Z
- Company Z would assign me to the same Client X

My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

Any thoughts?

It depends on how big the company is. Companies like Bearingpoint, Accenture will take them seriously some times. If this is just yet another staffing firm, they are not going to waste their money for a lawyer and time on you. As others said, these contract papers have no value. (unless they spent like 10K on training you outside of the company).

You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

You may also want to check with your attorney.

There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

Thanks,
Srikanth

The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
I think your wife should be fine if she furnishes the info that they need.

As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.

Ya they wanted to get some money out of me by threatening me ......
I have an appointment with Attorney after i talk to him i will decide what to do ....
Thanks!

Dear Friend,

Immigration Voice (IV) [http://www.immigrationvoice.org] (http://www.immigrationvoice.org%5D), a grassroots organization working to solve the issues faced by employment-based immigrants, is planning a DC Rally during the first week of March 2009 to bring the issues faced by our community to the notice of US lawmakers.

Details of this initiative are provided here - http://immigrationvoice.org/forum/showthread.php?t=22519

I request you to join IV as a member and support this initiative by indicating your interest to participate in the DC Rally and Lobby Day (visiting lawmaker offices to seek their support)

As you might know our community is facing the following situation

1) 140,000 total numbers per year worldwide vs. 1 million applicants and their families waiting in the line. Some from 2001 and may be before that ! It's common sense that it will take at least 6 years to clear just the current backlog, if there were no per country quotas.

2) Per country quotas of 7% exacerbate the situation to applicants from high-demand countries like India, China, Mexico and Phillipines. Approximately just 10,000 visa numbers are available to India where as it's estimated that at least 44% of the applicants may be from India ( based on USCIS statistics of around 44% of H1bs being granted to India every year). As spouse and children are counted, considering 4 members per family, on an average only 2500 Indian applicants get Green cards in a year. As you can see the numbers are dismal.

Meaning, if you are from India, China, Mexico or Phillipines, you may have to wait 10 to 12 years to get your Green Card or more

3) Between USCIS and DOS (Department of State that runs the Visa bulletin) a number visas get wasted every year, worsening the already BAD situation. For instance between 1994 and now 218,000 GCs were wasted by USCIS. ]If the trend continues, it may well mean 15+ years for India/China/Mexico/Phillipines

Now I know the problems ! What's the solution?

1) Increase worldwide EB GC numbers to 290,000 per year or more
2) Eliminate country quotas
3) Exempt spouses and children ( dependents) from the GC quota (this will effectively double the quota)
4) Since USCIS inefficiency cannot be fixed by us, implement a 'Rollover' of unused visas to the next year(s)
5) Recapture the unused number of 218,000 visas . This may mean you'll get GC or at least see PDs jump forward by a few years (reducing your wait time tremendously)
6) Lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions.

I know the solution. But, pray, who'll bell the cat?

Fortunately for us, there is an organization that is working 100% exclusively for our cause. Immigration Voice ( http://www.immigrationvoice.org) a non-profit organization formed by EB immigrants to work for our cause. Starting with barely 200 members when it was formed in 2005, now it boasts a membership of 30,000 members and around 30 state chapters serving every US state with significant EB immigrant population.

Immigration Voice ( fondly called IV by it's members) lobbies the US Congress and USCIS to provide relief to us. They have hired a high-profile lobbying firm Patton Bloggs to do lobbying for our cause. In addition they also do grassroots lobbying at State chapter level with the local Congressmen.

What's Lobbying? Is it Legal for non-citizens ?

Lobbying or 'Advocacy' is the act of Petitoning the US Government to redress issues faced by any person living in the United States. It's a right guaranteed by US Constitution (First Amendment) to every person living in the United States, citizen or not.

Just like you can argue your own case in a court of law (if you choose to do it), you can also lobby or petition the US Government on your own. If you chose so, you can also hire a professional lobbying firm to do it for you, just like you can hire a lawyer to represent you in the court. Both are legally guaranteed rights. It's common sense that a professional does a better job - be it an experienced lawyer or a lobbying firm. Getting professional help greatly increases the chances of success.

Boy, It must be really COSTLY to hire those DC Lobbyists?

You are right. They are costly, but IV has been managing to keep the effort funded through sacrifices of it's Leadership (IV Core group), voluntary contributions from it's members, local fundraising campaigns by State chapters and selling IV-branded merchandise.

Contributions are what keep IV ticking and working for you.

I understand IV has been doing all this? Have they had any success so far? I don't want to invest in a campaign destined for failure !

IVs success record so far in the order of signifance to EB community

1) July Visa bulletin Reversal - Due to flip-flop by USCIS 350,000 applicants were denied the promised ability to file I-485 in July 2007. Chances are you might have been one of them ! We faced the grim prospect of losing thousands of dollars and countless hours of effort .

IV conducted 'Flower Campaign', i.e sending Flowers to USCIS director Emilio Ganzales to request redressal of this unfair decision (in the spirit of passive resistance movement of Mahatma Gandhi). It provided wide media coverage to the issue nationwide.

IV through it's California chapter, conducted the successful 'San Jose Rally' to highlight the isue to the Congressmen through the media. It also took an active role in petitioning San Jose Congresswoman Rep. Zoe Lofgren to help fix the issue. As it turns out Madame Lofgren, who also happens to be the Chairwoman of House sub-commitee on Immigration, was instrumental in forcing USCIS to rescind (revert) it's prior unjust decision ! An IV effort that paid rich dividends.

IV actively particpated in discussions with USCIS in deciding the modality of reversing the decision, and was the first group to announce it, even before USCIS and US Department of State !

IV Walked the Talk and helped the EB Community immensely


3) Lobbying USCIS for administrative reforms - IV participated in the FBI Namecheck backlog reduction meeting ( when it approached alarming figures with some waiting for 1-3 years), where USCIS announced increased FBI funding to expedite the checks and other process improvements to increase efficiency.

IV also successfully lobbied USCIS to increase validity of EAD/AP to 2 years from the previous validity period of 1 year. It has resulted in a saving of at least $1400 per year for every EB immigrant family that has filed I-485

IV continues to lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions


All right. Is there anything I can do to help IV?

Definitely ! IV is an organization of volunteers just like you and me. There are several ways you can help IV. For starters by participating in the very important upcoming DC Rally and the Lobby Day.

Just spread the word. Forward this E-mail to all your friends waiting for GCs.


1) Join : IV forums are a good source for finding answers to Immigration related matters and exchange information. IV also conducts pro-bono (FREE) lawyer conferences for members on a regular basis.

Website link - http://www.immigrationvoice.org.
Member registration - http://immigrationvoice.org/forum/register.php

2) Contribute : As you have understood, Lobbying requires lot of funding. IV needs your support to keep the good work running.

You can contribute either one time or join as a monthly (recurring) contributor [preferred] here -
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

You can send ANY AMOUNT to IV as a contribution. All you need to do it create a PayPal account (if you don't have one), register a bank acount/Credit Card with PayPal (if not already done). Send money to IV using E-mail id - donations@immigrationvoice.org

3) Volunteer : If you are open to volunteering, you can join your local State Chapter of IV. State chapters conduct activities such -

a) Lawmaker meetings with Congressmen to discuss issues faced by EB immigrants
b) Fundraising at local Events
c) IV publicity through Flyers at public places & Events
d) Local media outreach to get media coverage for EB community

Benefits of joining : State Chapters provide more detailed coverage of IV updates issued from time to time than available at IV forums (restricted due to presence of anti-immigrants). They also provide updates early ( 2-3 days before stuff gets posted on IV)

How to join ? : Yahoo/Google groups for the State chapters are listed here.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52 ( Scroll to the bottom !)

Submit a request to join your State chapter with your - IV id, Full Name, E-mail, Telephone number (mandatory to filter anti-immigrants). State chapter leaders will call to verify and you are in !

You have covered it in detail. Yet, I have many unanswered questions! Whom should I contact to get more info?

Ask IV !

Call - (202) 386-6250
E-mail - info@immigrationvoice.org

They might not send one to you if you request over the phone, this is for your own security since you keep hearing about cases where personal identity is stolen. If you have an online account, log in and send a request from there, they might send it to your email for a nominal fee though I am not sure. I got mine from Bank of America for 10$

Here is the chance to to show what are we doing at this forum at University of Wisconsin-Milwaukee. Core members and expert from Midwest and Milwaukee area can enroll to attend this conference on immigration. Below is the information i am copying from UWM wesite. For further information you can click link written in below infromation.


CfP, "Immigration: Many Faces; Many Facets"
(Campus)


Apr. 26-27, 2007

Immigration, a salient public policy and humanitarian concern across the nation, will be the subject of the IRE's conference to be held at UW-Milwaukee's School of Continuing Education, 161 W. Wisconsin Ave., 7th Floor, in downtown Milwaukee.

Currently, the IRE is soliciting conference proposals from prospective submitters. We encourage presentations, either by individuals or groups/panels, from faculty, academic staff, community leaders
and activists, government officials and policymakers, etc.

Please go o to our website, www.uwm.edu/Dept/IRE, and follow the link to the actual Call for Conference Proposals. Here you will find a list of possible topics and themes, and well as the submission format. The due date to submit a conference proposal is December 22, 2006. We will contact you with a response by January 19, 2007.
More information...


Contact: Tom Tonnesen
tonnesen@uwm.edu
(414) 229-4700



Thanks
IneedAllGreen

3yr.

1yr extension rule kicks-in after 6yr.


What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?

Thanks for the quick response...

Could someone please provide me the co-affidavit letter template.

Thanks,
Sangeetha K

Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.

Good job Varsha.

As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.

I am working on getting appointment with our congress member - John Barrow of GA.

Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.

What is the difference between 1099 and W2 ?

Thanks,
theOne


W2 versus 1099 (http://answers.google.com/answers/threadview?id=463647)

http://immigrationvoice.org/forum/blog.php?b=11

Yes. Thats true. If you are not eligible for any other H-1extensions(i.e. labor filed 365 days before etc), you can apply for premium processing for I-140 if your H-1 is about to exprire. However, the extension can only be filed with a copy of the approved I-140. You can also do your H-1 under premuim processing if you are running out of time.
I think its better if you just go ahead and apply and pray everything works according to plan.

FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?

can anyone answer this

I know a person who had to leave his employer only after 60 days of filling his 485(not even 180 days for ac21) and still got GC.

There are thousands who already working for new employer using AC21 after 180 days.

and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?

From March 05 to Sep 06 data can be found at :

http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf

This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.

WASHINGTON � President Barack Obama on Friday signed into law a $600 million border security that will put more agents and equipment along the Mexican border.

...
Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)

isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.

Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.

Saileshdude,

Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?

No...........I'm going to wait until the next generation camera phones come out........rumor has it the developers are going to include a 70-200 2.8 L IS
with the ability to interchange with several other lenses not yet in development.

A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)

roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.

roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..

Again thanks for your help..