yabadaba
08-21 02:32 PM
luvschocolates: not sure what you are looking for from an employment based immigration site?
You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.
Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.
By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.
In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.
You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.
Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.
By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.
In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.
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rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
sripk
03-22 07:22 PM
I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!
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Madhuri
10-22 12:05 PM
Mailed mine today.
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01-17 03:59 PM
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optimist578
01-31 03:16 PM
My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
IRS requires every employer to furnish W-2. Take a look at this:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
IRS requires every employer to furnish W-2. Take a look at this:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html
more...
nirenjoshi
10-29 12:02 PM
Posted last week..
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pappu
01-19 10:13 PM
Hello Members,
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
more...
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sbabunle
01-28 12:43 AM
Rajuram
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.
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SunnySurya
07-14 08:51 PM
Thakur to gayo... (A Dialogue from hindi movie Karan Arjun)
but the good news is , since your I-140 was approved, your PD is locked and you may be able to use AC21
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
but the good news is , since your I-140 was approved, your PD is locked and you may be able to use AC21
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
more...
sayantan76
08-23 11:10 AM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
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abracadabra102
07-01 04:18 PM
It is "petition". Thank you.
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GW02
02-26 12:42 AM
I swear by Cinema4D, but I don't want to lead teh topic even further off-track.
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permfiling
07-28 05:25 PM
I am self filing out the AOS forms , since some of the fields do not take more then the specificed strings, I wanted to see if I can mix handwriting as well as keyboard input data in the same form?
Any opinions?
Any opinions?
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Libra
09-28 04:19 PM
some of them are doing for votes and some of them doing it for show ratings, but racism and hatred is there in their blood. i dont think they change their stance on this. but if they continue provoking white americans against immigrants like this, one day we have to face same thing what black americans faced in 50's and 60's, and govt is fully ignoring this.
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logiclife
03-09 12:09 AM
Many thanks Abha for your contributions.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
more...
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karan007
03-07 05:09 AM
I am in the same boat. Consulted 2 attorneys, both of them provided very different overview. As per one using AC21 was very easy, didn't require much paperwork from employer (letter of employment with job responsibilities). The other one suggested that the new employer needs to support the green card process & made it sound like serious work.
Another interesting note was, the attorney who mentioned it was easy, would have charged $500 for the process vs $2500 + expenses. So kind off figured that one has to justify charge $2,500, hence the additional paperwork, etc (scare factor).
I did some research over the web. Came to the conclusion that utilizing AC21 is pretty simple. I am moving forward with it and starting my new job in April.
Since this is a big decision, I would suggest that you get a second opinion
Good Luck...
Another interesting note was, the attorney who mentioned it was easy, would have charged $500 for the process vs $2500 + expenses. So kind off figured that one has to justify charge $2,500, hence the additional paperwork, etc (scare factor).
I did some research over the web. Came to the conclusion that utilizing AC21 is pretty simple. I am moving forward with it and starting my new job in April.
Since this is a big decision, I would suggest that you get a second opinion
Good Luck...
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amitjoey
01-18 12:32 PM
http://www..com/discussion-forums/dallas-backlog/1171607/#post-6787022
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks
Every time you stand out of the crowds, you will have to bear rotten eggs and tomatoes. This is no different. Anytime you do the right thing, there will be critics. Remember all of the people out there (Anti-Immigrants) who do not want IV to succeed.
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks
Every time you stand out of the crowds, you will have to bear rotten eggs and tomatoes. This is no different. Anytime you do the right thing, there will be critics. Remember all of the people out there (Anti-Immigrants) who do not want IV to succeed.
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chennaigc
09-17 08:57 PM
Stock market is beaten in all the way...People who put money in the market and if they dont look their protofolios next day , their money completely wipes off irrespective of any branded stocks they own!!! Entire world is going down in that US economy is centric part.Even bill gates may become next minute beggar here!!!
Indians who worked over here for long times from 8 to 10 years who earn in lakhs are worth less than a petty shop owner in india finacially. Because they put money in lawyers,travel,housing, stocks, bonds,401k which all become worthless.
Our dreams for coming here are to earn good money . Earnt it but we lost it without even knowing we lost it !!!!
Indians who worked over here for long times from 8 to 10 years who earn in lakhs are worth less than a petty shop owner in india finacially. Because they put money in lawyers,travel,housing, stocks, bonds,401k which all become worthless.
Our dreams for coming here are to earn good money . Earnt it but we lost it without even knowing we lost it !!!!
ashkam
12-21 07:46 AM
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
GreeNever
06-13 11:22 AM
Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.
Link: http://www.msnbc.msn.com/id/18826755/
Link: http://www.msnbc.msn.com/id/18826755/