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What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.

We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??

Such agreement is not against the law. GC is for your benefit, not employer's.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?

Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.

For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.

Did you get second finger print notice before approval? When did you go for first fingerprint notice?

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

1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.

2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.

And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.

Hope this is helpful.



Hi Everyone,

I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

But he agrees to let me join his company but at the same time he worried about few things



Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

Would that be of any problem to both me and employeer.

Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


I would appreciate if some could throw some light on this ....

My future is relied on these issues

Thanks
David

There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?

Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up

Linky --> http://www.maple-immigration.com/ad_index_en.htm

:confused:
Ria

If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.

Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.


No FB Spillover
High PERM approvals


Divergent opinions. Let's hope for the best!

I give highest rating.

From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.

-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.

The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.

If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.

The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.

Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.

Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.

Hi,
I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?

Greatly appreciate your reponse.

Rgds,
Vani

Well, this is nothing new, in State Governments so many times they mandate that only companies that listed in that state have right to big contracts. What small women owned, disadvantages, veteran owned companies do is provide a front to big operators like Accenture, IBM. At times then the small company hires a Senior Manager and finally it becomes all IBM operation from India or Phillipines.
On other times the State mandates all work be done inside the State. Then you have H1 and L1 visa holders. This is business as usual.

Actually it is quite a decent engagement practice. State owned companies get a piece of the big cake and get a chance to learn from big players and state gets the quality work at a fairly decent rate. So it is all win-win. At times they mandate "In State" workers only - so that it helps the local economy... that is where the Infosys & Wipros might hurt a bit, as the cost to put guys in NYC versus Ohio from Bangalore is identical but billing rate advantage between NYC and Ohio is vastly different and they might have hire locally.

If your priority date is too close (within few years), become a consultant. Then your job duties will be flexible. You can do ALL that you have cited in labor certification and yet do additional duties.

(Is your labor based on RIR?)

Anyway follow attorney's advice.

A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

Best Wishes,

true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.

I guess you meant 'Spouse related difficult GC question'. :D
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

Thanks for the input.

:p You just killed spirit of "AC21"

:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

Here are the definitions

Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

Let�s consider the following scenario

1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

2) I-140 gets approved and I-485 is pending for more than 180 days.

3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

5) I-485 gets approved.

Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

What if company C is running in loss and not in a position to pay the proffered wage.

Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?

You are right and it is disastrous unless some law passes. More information can be found at: http://immigrationvoice.org/forum/showthread.php?t=1358

i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.

I just checked what I had filed last time and this is what I have selected (c) (09).

Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?

Thanks for the help.

Hi, Everyone says I am in and I am in . no one says how and when.

So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.

We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.

All the best, looking forward to meet everyone.

Did you do medical or not?