myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
wallpaper Auguri, piccolo amore mio.
smssharma25
12-05 08:41 PM
I am also having the same problem. Our company won't share the labor application details with us. I know only job title. I am not even sure what job I should search for.
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
delhirocks
07-05 01:10 PM
CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
This has nothing to do with our situation. Situation described in the artlicle above is far worse than what we face. Please mantain the perspective.
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
This has nothing to do with our situation. Situation described in the artlicle above is far worse than what we face. Please mantain the perspective.
2011 2010 auguri amore mio;
gccovet
08-15 10:03 AM
Thanks for your replies.
What will happen to the 140? Do they need to file for any amendment?
If your new company has agreed to support the I-140, letter of acquisition will be enough. No worries. You may want to confer with a lawyer though.(Shell out few bucks, better to be safe, also for peace of mind)
GCCovet
What will happen to the 140? Do they need to file for any amendment?
If your new company has agreed to support the I-140, letter of acquisition will be enough. No worries. You may want to confer with a lawyer though.(Shell out few bucks, better to be safe, also for peace of mind)
GCCovet
more...
imh1b
04-21 04:27 PM
Sometimes you will be ridiculed when you care but care anyway.
Sometimes you will be cheated when you try to help but help anyway.
After all ..... it was never between you and them.
Mother Theresa
I comend those who donated.
People accepting money are not Mother Teresa or Registered Charity. In this country all kinds of people call you, email you and ask you for money for all kinds of reasons. Greed happens in tragic events too. Do not expect everyone in this world to have a pure heart. This case is genuine but we need better management and disclosure on their website. This is a least you can expect from educated University Students.
Sometimes you will be cheated when you try to help but help anyway.
After all ..... it was never between you and them.
Mother Theresa
I comend those who donated.
People accepting money are not Mother Teresa or Registered Charity. In this country all kinds of people call you, email you and ask you for money for all kinds of reasons. Greed happens in tragic events too. Do not expect everyone in this world to have a pure heart. This case is genuine but we need better management and disclosure on their website. This is a least you can expect from educated University Students.
HumHongeKamiyab
12-16 05:46 PM
Does anybody know a good employment lawyer around houston area? I need to discuss my non-compete agreement with a lawyer ?
Thanks,
Thanks,
more...
vaishnavilakshmi
06-20 10:48 PM
- Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
2010 Amore mio.
xlxoel
06-09 04:36 PM
I sent the pictures last TUESDAY, I was expecting my online status to change to: WORKING ON THE CASE before the do the approval, but nothing.
I need to leave ASAP for Europe and I dont know how long is it going to take for them to mail me the TRAVEL DOCUMENT
Anybody did a RFE of two pictures? How long did it take since you sent the pictures?
Thank you
I need to leave ASAP for Europe and I dont know how long is it going to take for them to mail me the TRAVEL DOCUMENT
Anybody did a RFE of two pictures? How long did it take since you sent the pictures?
Thank you
more...
garybanz
09-27 06:49 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
Thanks.
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eb2_immigrant
03-03 06:39 PM
I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.
Please see I am on H1B and never been on bench or out of status.
Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.
In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.
If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?
Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.
Please see I am on H1B and never been on bench or out of status.
Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.
In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.
If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?
Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.
more...
Onlytruthnobs
06-01 01:34 PM
Hope for the best and prepare for the worst.
Go with every document that you think is important. Also, consult your company's lawyer.
I think it is going to be ok.
Good Luck and please share your experiences when done.
Go with every document that you think is important. Also, consult your company's lawyer.
I think it is going to be ok.
Good Luck and please share your experiences when done.
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needGCcool
08-08 06:56 PM
I also have receipt numbers beginning with WAC and filed in NSC. I was able to open a SR last month for self and spouse. During my infopass apt, the IO suggested that I could also open a SR by calling USCIS if I believe my case is not being processed within their window.
more...
house Auguri, amore mio!
zuhail
10-14 02:07 PM
Obviously this bill will definitely help the EB back log -- this bill should be supported whole-heartedly.
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
tattoo Tanti Auguri Amore Mio !
garybanz
09-27 10:09 AM
485 and FP will have same receipt number, you should get 3 recipt numbers for each (485, AP and EAD) ..
We have
1 LIN Receipt number for 485 (and FP)
2 LIN Receipt numbers for EAD
2 LIN Receipt numbers for AP
total of - 5 receipt numbers.
We have
1 LIN Receipt number for 485 (and FP)
2 LIN Receipt numbers for EAD
2 LIN Receipt numbers for AP
total of - 5 receipt numbers.
more...
pictures AUGURI Amore Mio Adorato,
Maverick_2008
04-16 10:14 AM
Thank you all for your input. Now that I have a better perspective, I'll play my cards accordingly.
Cheers,
Maverick_2008
When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
Cheers,
Maverick_2008
When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
dresses Infiniti auguri amore mio.
GCMATRIX
08-22 09:10 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
more...
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akhilmahajan
02-04 01:43 PM
When i said i used AC-21, i meant i changed my employer after 180 days and had used EAD. Yes i have sent USCIS my paperwork, when i switched employers.
I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.
GO IV GO. TOGETHER WE CAN.
I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.
GO IV GO. TOGETHER WE CAN.
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anilsal
07-22 05:49 PM
from the regional Passport Office? They probably issue a standard PCC.
I think the idea is a certificate that says that you do not have any criminal record.
I think the idea is a certificate that says that you do not have any criminal record.
hairstyles grazie di esistere amore mio.
GCKaIntezar
05-22 08:45 AM
Sounds like a great positive move with Patton Boggs
I don't think that I appreciate your sarcasm. First and foremost, you gotta understand that there are NO guarantees in life. Can sen Kennedy or the majority leader gurantee that the bill can pass? No.
Even the president can't guarantee that the bill will be passed.
We can give our best shot and hope for the best.
Therefore I'd request that you please refrain from spreading negative energy around and focus on the current action items.
I don't think that I appreciate your sarcasm. First and foremost, you gotta understand that there are NO guarantees in life. Can sen Kennedy or the majority leader gurantee that the bill can pass? No.
Even the president can't guarantee that the bill will be passed.
We can give our best shot and hope for the best.
Therefore I'd request that you please refrain from spreading negative energy around and focus on the current action items.
sidd
04-22 11:00 PM
My regular extension was approved in 1 week. I don't see any problem with genuine extensions.
diptam
08-20 09:22 PM
Last months 3 days , this month 11days movement only for I-140 skilled !!
Looks like NSC staffs are all busy opening July 2nd packets :D
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
That's for NSC.
Looks like NSC staffs are all busy opening July 2nd packets :D
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
That's for NSC.