kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
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pappu
02-23 12:53 PM
Is IV aware of this meeting
http://judiciary.senate.gov/hearing.cfm?id=2555
Yup much before. Some core members are already in DC since yesterday and working on it.
Have you met your lawmakers yet?
If not, do that soon.
http://judiciary.senate.gov/hearing.cfm?id=2555
Yup much before. Some core members are already in DC since yesterday and working on it.
Have you met your lawmakers yet?
If not, do that soon.
kevinkris
05-19 06:04 PM
Hi kumhyd2,
I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.
My 2 cents.
Thanks,
kris
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.
My 2 cents.
Thanks,
kris
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
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wellwisher02
04-07 06:20 PM
Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
more...
laksmi
02-05 08:01 PM
It is your employer how have to support your H1B renewal inform him before itself.
If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.
If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.
authrd
07-26 02:13 PM
assuming you don't have all your I-94s and I797s,
having W-2s/paystubs for all the years is enough to prove that you have always been in status?
having W-2s/paystubs for all the years is enough to prove that you have always been in status?
more...
somegchuh
07-20 05:05 PM
Hi eagerr2i,
My wife also wants to do her teaching credentials but we haven't been able to find the process. Would you be kind enough to describe the process i.e. evaluation where/how/what, classes where/what.
Also, does the temporary number allocated by CCT allow her to work?
Thanks
Not in CA. My wife did her entire credentailing program with out a social security number. She got her Credentail certificate from California Commission of Tecahers and finger printing also done for teaching based on that temporary number allocated by her school.
My wife also wants to do her teaching credentials but we haven't been able to find the process. Would you be kind enough to describe the process i.e. evaluation where/how/what, classes where/what.
Also, does the temporary number allocated by CCT allow her to work?
Thanks
Not in CA. My wife did her entire credentailing program with out a social security number. She got her Credentail certificate from California Commission of Tecahers and finger printing also done for teaching based on that temporary number allocated by her school.
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amulchandra
11-04 04:41 PM
The title of the thread is misleading. Please change it.
Amul
Amul
more...
SunilKoganti
01-23 03:08 PM
Thanks IV core group for your efforts, time and energy you spend to fight for our cause.
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crazymish
03-05 02:15 PM
Hi People,
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
more...
nixstor
08-23 11:10 PM
You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.
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yabadaba
04-22 02:28 PM
May-08 1-Jan-04
i guess the question is where does it move next...we have been at april1 2004 before...will it move beyond 04 into 05 or not.
i guess the question is where does it move next...we have been at april1 2004 before...will it move beyond 04 into 05 or not.
more...
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jack_b_uta
06-21 09:37 AM
IV core members have been in media MANY times.
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
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immi_seeker
10-03 11:19 AM
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.
Did you fill in G28?
Did you fill in G28?
more...
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gc_chahiye
08-26 11:22 PM
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
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qualified_trash
10-17 07:31 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
more...
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gbof
10-16 09:11 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
Folks,
Words have power as words which touch hearts win masses. Hearing these from Obama's mouth really give a good feeling. I know you will all agree. Watch the video....
Happy Diwali to all
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
Folks,
Words have power as words which touch hearts win masses. Hearing these from Obama's mouth really give a good feeling. I know you will all agree. Watch the video....
Happy Diwali to all
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gcisadawg
09-10 02:11 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
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mayhemt
10-10 08:53 AM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
eastindia
04-20 01:57 PM
Just saw this message. Please forward to more people
Send Mahesh Mahadevan - to - Home - Immigration Voice (http://immigrationvoice.org/forum/blogs/munnabhai/332-send-mahesh-mahadevan-to-home.html)
Any help from will be greatly appreciated!
From: nithyas@gmail.com [mailto:nithyas@gmail.com] On Behalf Of Surabhi organizing committee
Sent: Sunday, April 18, 2010 1:33 AM
Cc: Surabhi--the Indian Students Association at UCI
Subject: Send Mahesh Home
Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.
Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.
Please go to this website to donate: Send Mahesh Home
If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.
Please forward to Mahesh's friends and those who may help us in these times of need.
Regards,
Surabhi Organizing Committee
University of California, Irvine.
Send Mahesh Mahadevan - to - Home - Immigration Voice (http://immigrationvoice.org/forum/blogs/munnabhai/332-send-mahesh-mahadevan-to-home.html)
Any help from will be greatly appreciated!
From: nithyas@gmail.com [mailto:nithyas@gmail.com] On Behalf Of Surabhi organizing committee
Sent: Sunday, April 18, 2010 1:33 AM
Cc: Surabhi--the Indian Students Association at UCI
Subject: Send Mahesh Home
Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.
Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.
Please go to this website to donate: Send Mahesh Home
If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.
Please forward to Mahesh's friends and those who may help us in these times of need.
Regards,
Surabhi Organizing Committee
University of California, Irvine.
gparr
October 6th, 2005, 11:13 AM
Agree with Anders on shooting small birds. The limited success I've had has only come when I've regularly gone to a location and stood still/sat still so they get used to me. At a bird feeding station in a local preserve, I go during my lunch hour in the winter. I find that I have to stand in one location with camera/tripod set up. When I first arrive the birds all disappear. It takes about 30 min. at this location before they start making their way back to the feeder. I can watch them as they move from tree to tree, progressively closer to the feeder. After 30 min. or so, they'll start feeding and landing in close-by bushes and I can start shooting. Of course, by then, my hands and feet are frozen. The price you pay. Like Anders, I also have more success and shorter sessions if I'm able to visit the same place frequently. If I just had Anders' skills I'd probably have some good shots to show for the effort. This cardinal shot is one lucky result from a frozen-limb effort.
Gary
http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg
Gary
http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg
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