desi3933
08-10 06:50 AM
Questions for everyone to research and post the answers------
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
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Jimi_Hendrix
12-13 12:51 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
Libra
01-15 03:29 PM
send letters and vote here
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immig4me
04-23 02:04 PM
If I were a person of Latino origin, I will be very angry with folks who assume that all Latinos are illegals.
Thankfully for the Latinos, you are not one of them!!!!!!
The difference between us and the latinos is that they stand by their community, irrespective of illegal or legal. Every latino that is coming on TV, organizing the marches, giving interviews to the newspapers are legal latinos defending the illegals.
On the other hand, we fight between EB2 and EB3!!!!!!!!!!
Thankfully for the Latinos, you are not one of them!!!!!!
The difference between us and the latinos is that they stand by their community, irrespective of illegal or legal. Every latino that is coming on TV, organizing the marches, giving interviews to the newspapers are legal latinos defending the illegals.
On the other hand, we fight between EB2 and EB3!!!!!!!!!!
more...
nandakumar
02-14 07:06 PM
I live in south bay and would definitely like to join.
coloniel60
08-14 07:58 AM
Yes, there is no point in re-filing,rather it will create confusion. I spoke to USCIS ,at this point the fedex receipt no. is good enough ,to prve that your application reached service center,before 17th august . Now it makes sense to just wait for the receipt.
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
more...
mantric
02-16 09:34 PM
i think CP filers have a valid point to argue for relief. clearly there is an injury to CP filers as the dates were moved forward creating the impression that they will continue to do so or at least hold steady. legal opinion was also in favor of CP based on individual circumstances in many cases. many of these filers already underwent a lengthy BEC process, which newer Perm/I-485 filers never went through. the government flip flop is the cause of this additional injury.
instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.
great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:
instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.
great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:
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sankar_203
08-07 10:31 PM
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
more...
red200
10-26 09:56 PM
NRK,
Did you get any high level traffic citations any time ?
Mostly they dont matter unless its high level
If I-140 is revoked , i believe the message should be some thing different
thanks
Did you get any high level traffic citations any time ?
Mostly they dont matter unless its high level
If I-140 is revoked , i believe the message should be some thing different
thanks
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NH123
05-15 12:02 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
more...
Googler
02-20 05:06 PM
The damn thing was taken down before I could save it. Did anyone save the file?
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arindam
04-02 12:00 PM
Send both faxes.
more...
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apt29
08-12 04:52 PM
A little unrelated question but couldn't find the the right thread to post it...
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
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new_horizon
12-14 10:11 AM
For how long is USCIS issuing the EAD & AP these days?
more...
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gcwait2007
03-26 08:44 AM
Thanks. Yes, that I certainly will have to do that. Any other areas need to be taken care of such as proof of financial audit reports for EB2 filer ? Or any other things...?
Mine is getting into a scenario similar to your case!! Can you please update me what is happening in your inter-filing scenario? Thanks in advance.
Mine is getting into a scenario similar to your case!! Can you please update me what is happening in your inter-filing scenario? Thanks in advance.
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thomachan72
05-17 09:20 AM
Give me a break! Do you know how many of these H1s procurred by the infosys / whatever will never be used during fy 08? you are right about demand and requirement etc, however, it should not be at the expense of other businesses. This policy of mass application is like getting an anticipatory bail that criminals rely on. Use it or not use it, either way you gain, right? I am not against infosys getting visas but am defenitely against mass visa applications by these and the head hunters. Why do you need middle men? are we going back to slave trading era? read the msn today and you will find an Indian couple (millionares) who kept slaves in their homes and are now behind bars. Watch the different forums and see how many complaints are comming up against the employers by software guys (not paying enough, not giving food, no paychecks for 10 months, threatening to fire /sue bla bla bla). Dont you feel sad when you read these?? I know people in software working on very very low salary. Why? think about it. Its time for the senators to really examine who claims all the H1s and I strongly support that. I even say that the H1 beneficieries salary should be linked to the INS in someway so that they immediately know when this person is not being paid or is laid off etc. Man, this is almost a mafia now.
more...
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JA1HIND
01-26 04:59 PM
Hi,
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company’s investment in Employee would be jeopardized if Employee were to leave the company’s employment prior to the Company’s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of termination of the employment."
Bottom line, once you sign in legal terms you are agreeing to the company terms & conditions...as I highlighted above, its pretty clear that if you leave before the set time frame you will be responsible for paying them back!!
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company’s investment in Employee would be jeopardized if Employee were to leave the company’s employment prior to the Company’s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of termination of the employment."
Bottom line, once you sign in legal terms you are agreeing to the company terms & conditions...as I highlighted above, its pretty clear that if you leave before the set time frame you will be responsible for paying them back!!
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desi3933
06-19 02:52 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
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lazycis
01-26 07:13 PM
This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
boreal
08-12 10:59 AM
You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
yep, makes sense.
Regarding the orignal topic, even I have never heard anyone not getting citizenship because of them leaving the GC employer. Personally, I won't wait for six months or even a single day, if I see a better opportunity.
amit79
04-10 11:47 AM
I've been a consultant for 5 years now, worked for 5 different clients, and was without work for just 4 days so far. If consulting companies are banned, it means that I will steal the job of one of you permanent employees.
People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.
I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.
Don't get offended. You need to see the other angles too. I showed you one.
Maybe you are not part of the typical consultants we are talking here. These touts apply for poeple even when they don't have jobs here.
One of my school friends is working in India for some company. He is not even thinking about coming to US but a consultant here has applied for a H1B for my friend and told him that if it gets approved then they can find him some work. What do you call this ?
So now he is in the same poll as me for H1B. Me ? I have a job with one of the biggest offshore company in the US. Hope I made my point clear Shx.
People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.
I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.
Don't get offended. You need to see the other angles too. I showed you one.
Maybe you are not part of the typical consultants we are talking here. These touts apply for poeple even when they don't have jobs here.
One of my school friends is working in India for some company. He is not even thinking about coming to US but a consultant here has applied for a H1B for my friend and told him that if it gets approved then they can find him some work. What do you call this ?
So now he is in the same poll as me for H1B. Me ? I have a job with one of the biggest offshore company in the US. Hope I made my point clear Shx.