indyanguy
03-14 12:28 PM
I agree porting to EB2 will be much faster.
Can we use experience gained with the current employer while porting from EB3 to EB2?
Can we use experience gained with the current employer while porting from EB3 to EB2?
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praveen_h1
02-12 06:05 AM
First of all please forgive me if this is a repost. I will be grateful if you could point me to a previous discussion. So, here's my problem.
I work for a client A. I got this contract through a layer of vendors. SO my relation with the client is like this.
Me > My Employer (ME) > Vendor 1 > Vendor2 > Vendor 3 > Client.
Now, I want to transfer my h1 to Vendor1. My employment agreement with my employer says that within 12 months of my termination with the employer, I can not have relations with any company (in my case vendor 1) that i got in contact through them. My client also has agreed to renew my contract through Vendor 1. So that would mean that Vendor 1 will have client as a direct client.
I have been an employee of my employer for 2 years now. ANd vendor 2 is really giving me a good offer.
Can my current employer do anything legally if I transfer my h1 to Vendor 1? Please help.
I work for a client A. I got this contract through a layer of vendors. SO my relation with the client is like this.
Me > My Employer (ME) > Vendor 1 > Vendor2 > Vendor 3 > Client.
Now, I want to transfer my h1 to Vendor1. My employment agreement with my employer says that within 12 months of my termination with the employer, I can not have relations with any company (in my case vendor 1) that i got in contact through them. My client also has agreed to renew my contract through Vendor 1. So that would mean that Vendor 1 will have client as a direct client.
I have been an employee of my employer for 2 years now. ANd vendor 2 is really giving me a good offer.
Can my current employer do anything legally if I transfer my h1 to Vendor 1? Please help.
sc3
07-18 02:41 PM
sc3, First of all let me express understanding of your agony and disappointment. If I were in your situation, probably I'll be talking like you.:)
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
Legal,
I guess I got carried away with so many people saying that Eb3 are pained only because EB2 is getting ahead -- which is blatantly untrue. Most of us are pained because of the long wait, and the prospect of more long wait to come. Eb2s getting or not getting their GCs doesn't necessarily register on our emotional scale, when we are looking at our own situation.
Further what really gets to me (putting it in a civil way), is that some people make use of obviously illegal things and then lecture us that we should be "happy for them" and "we should support them" (maybe they are not the same people, but some part of the problem can be attributed to this situation).
Well if the jobs are fake, then IV need not rat them out, but with people saying the law is implemented right, maybe we should help in implementing it in a more "righter" fashion. Why not? I was just trying to point out that people who are poo-pooing us need to look at their own legal standpoint (that is not to say that I consider any of the poster who is going vitriolic against us to have used that method).
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
Sorry, you probably did not put it that way, but it comes out as, we suffered yesterday, so you guys should suffer today. If that is the case, then solving the immigration issue should be the last on our minds, since we have suffered this long, maybe all the future applicants should suffer just as much.
But I am sure you did not mean it that way.
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
Legal,
I guess I got carried away with so many people saying that Eb3 are pained only because EB2 is getting ahead -- which is blatantly untrue. Most of us are pained because of the long wait, and the prospect of more long wait to come. Eb2s getting or not getting their GCs doesn't necessarily register on our emotional scale, when we are looking at our own situation.
Further what really gets to me (putting it in a civil way), is that some people make use of obviously illegal things and then lecture us that we should be "happy for them" and "we should support them" (maybe they are not the same people, but some part of the problem can be attributed to this situation).
Well if the jobs are fake, then IV need not rat them out, but with people saying the law is implemented right, maybe we should help in implementing it in a more "righter" fashion. Why not? I was just trying to point out that people who are poo-pooing us need to look at their own legal standpoint (that is not to say that I consider any of the poster who is going vitriolic against us to have used that method).
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
Sorry, you probably did not put it that way, but it comes out as, we suffered yesterday, so you guys should suffer today. If that is the case, then solving the immigration issue should be the last on our minds, since we have suffered this long, maybe all the future applicants should suffer just as much.
But I am sure you did not mean it that way.
2011 Sexy: Sexy Denise Richards
SOA
07-26 08:06 PM
Thanks, Andy Garcia (:-)))!
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chmur
11-17 12:20 PM
Swami : appreciate your effort ...but your post is , i am afraid , illogical.
"Once again, dont expect people to be courteous and receptive to courtesy overnight."
Why ?? because IV is busy fixing this mess for you??. I appreciate and value all that IV is doing but, 'Courtsey' is a basic expectation. IV, I am afraid, will NEVER earn the right to say " dont expect people to be courteous and receptive ". no successful entity will ever EARN that, leave alone a grassroots support seeking movement.
I assume you are not speaking for IV core and move on, we all have tasks to do .
good luck
"Once again, dont expect people to be courteous and receptive to courtesy overnight."
Why ?? because IV is busy fixing this mess for you??. I appreciate and value all that IV is doing but, 'Courtsey' is a basic expectation. IV, I am afraid, will NEVER earn the right to say " dont expect people to be courteous and receptive ". no successful entity will ever EARN that, leave alone a grassroots support seeking movement.
I assume you are not speaking for IV core and move on, we all have tasks to do .
good luck
franklin
10-01 11:22 AM
Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
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Jaime
09-13 12:26 AM
Do this for yourself! Do this for America!!! Come to DC!!!!
2010 denise richards wallpaper.
I_need_GC
07-07 09:46 AM
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
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Lasantha
09-18 12:31 AM
Well, I don't know where you got the 6/7 years from. But the way I understand it, 7% per country does NOT mean that any one country is guranteed 7% of the visas. It simply means that no one country will get MORE THAN 7% of visas. So yes, even if your country was issued a very few visas in that fiscal year if the rest of ROW applicants used up all the numbers, you may have to wait for a while depending on your PD.
So if what you are saying is true, then form example, country "A" has only one applicant. Since ROW collectively used all the visa,country "A" has to wait 6/7 years to get visa number?
So if what you are saying is true, then form example, country "A" has only one applicant. Since ROW collectively used all the visa,country "A" has to wait 6/7 years to get visa number?
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gimme_gc_asap
07-09 04:43 PM
They cant refuse to accept a package.They have to see what is in the package before they can decide on it.
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I_need_GC
07-01 08:24 AM
Ok, As promised I am giving you an update I contacted my attorneys office yesterday the most senior attorney was out so I spoke to her assistant and according to him, If USCIS made a mistake then its their mistake not mine once the GC card comes enjoy it and if they realized they made a mistake 3 years from now or 5 years from now well by that time my PD would probably be current so whats the difference. He did recommend I wait longer than 5 years to apply for citizenship buts thats a long way ahead. It just might be my 4th of July gift. :) I will keep you all updated on any changes.
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grupak
06-23 06:13 PM
We will have to pick it up tomorrow.
Please make the call, it makes a difference.
Please make the call, it makes a difference.
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legalservice
10-08 04:40 PM
I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.
Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.
Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.
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gcformeornot
04-26 10:48 AM
for your own good.
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fearonlygod
09-28 04:10 PM
Hi All,
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
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needhelp!
03-05 09:32 AM
I find it weird that they cannot find the info by country of chargeability. That should have been entered when they receipted the AOS applications, right?
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ash0210
11-08 09:37 AM
In Ohio, after 16 years Dems - Mr Strickland is elected. Wondering whether he is pro immigration or not.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
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nonimmi
11-08 02:02 PM
Very well said.
Simple and easy to accept. Not like some people here pretending as SMARTer than others!!
Simple and easy to accept. Not like some people here pretending as SMARTer than others!!
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Totoro
05-11 08:38 PM
I am working on this with some lawyers, so be patient. The Stimulus payment is a benefit, regardless of what the SSA says, but you don't need to do anything else now. Just keep any communications you have with them in case you need to refer to them later. You do not need to have an SSN in 2008, since you can apply for the stimulus payment in 2009 if you did not get it in 2008. This rule is posted on the IRS website. I also have significant documentation the PROVES this is a benefit, in addition to the material I posted in the OP.
From the Wikipedia article that you referred to:
Federal Benefits
The transfer of money, property, services, or anything of value, the principal purpose of which is to accomplish a public purpose of support or stimulation authorized by Federal statute,…and includes, but is not limited to, grants, loans, loan guarantees, scholarships, mortgage loans, insurance…, property, technical assistance, counseling, statistical, and other expert information; and service activities of regulatory agencies.
Also, the SSA defines a benefit as follows:
20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a "valid non-work purpose" results when the "law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement."
I have a ton of documentation to support our case, but I don't want to post it here until I have had a chance to discuss our strategy with the lawyers who are working on this.
Please do not refer to the stimulus payment as a rebate in any communications you have. It is not a rebate, which implies the return of money paid. Many people who earn no taxable income can apply for the stimulus payment. This makes it different from any tax scheme. The fact that the IRS administers the program does not prove that it is a tax program. Moreover, official IRS documents refer to the stimulus payment as a benefit similar to food stamps, not a rebate.
From the Wikipedia article that you referred to:
Federal Benefits
The transfer of money, property, services, or anything of value, the principal purpose of which is to accomplish a public purpose of support or stimulation authorized by Federal statute,…and includes, but is not limited to, grants, loans, loan guarantees, scholarships, mortgage loans, insurance…, property, technical assistance, counseling, statistical, and other expert information; and service activities of regulatory agencies.
Also, the SSA defines a benefit as follows:
20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a "valid non-work purpose" results when the "law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement."
I have a ton of documentation to support our case, but I don't want to post it here until I have had a chance to discuss our strategy with the lawyers who are working on this.
Please do not refer to the stimulus payment as a rebate in any communications you have. It is not a rebate, which implies the return of money paid. Many people who earn no taxable income can apply for the stimulus payment. This makes it different from any tax scheme. The fact that the IRS administers the program does not prove that it is a tax program. Moreover, official IRS documents refer to the stimulus payment as a benefit similar to food stamps, not a rebate.
letstalklc
05-17 01:58 PM
Done.
Great tool to send out emails for lawmakers.
This is the best I have ever seen on Immigrationvoice.org.
Great tool to send out emails for lawmakers.
This is the best I have ever seen on Immigrationvoice.org.
greendream
07-21 08:40 AM
Hi Ron,
First of thank you for all your useful replies. I just want your opinion to convert my EB3 India to EB2.
My details.
PD: June -2003.
Country: India.
Also when can my PD will be current in future. Please suggest.
Appreciate your help.
**************************************
I think it would be a good idea to make the move. There isn't enough data available for me to say anything more than it's going to be quite a while before your priority date becomes current.
__________________
Ron Gotcher.
First of thank you for all your useful replies. I just want your opinion to convert my EB3 India to EB2.
My details.
PD: June -2003.
Country: India.
Also when can my PD will be current in future. Please suggest.
Appreciate your help.
**************************************
I think it would be a good idea to make the move. There isn't enough data available for me to say anything more than it's going to be quite a while before your priority date becomes current.
__________________
Ron Gotcher.
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