Quest99
09-14 03:30 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
wallpaper Lindsay+lohan+anorexic+
perm2gc
12-01 06:23 PM
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
hmm..its a news for me.thks for correcting me.
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
hmm..its a news for me.thks for correcting me.
scamp
07-09 12:52 AM
Our lawyer asked us to submit 2 pictures for our 5 yr old daughter for our I-485 application However, after we sent all the documents, lawyer said they need another 2 pictures for her but they already filed our application and will just send the rest of the pictures if the USCIS ask for it, Is there any chance that USCIS will deny our application because of 2 missing pictures? Anyone has the same situation? Thanks.
2011 house lindsay lohan anorexic
eeezzz
02-19 01:18 PM
I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
more...
waiting_4_gc
07-20 02:06 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
uma001
07-26 02:30 PM
Go for GC , not career. You can get good career whenever you want, but you cant get GC whenever you want. Once you get GC you can apply for 150k job wherever you want, any company you want. With h1 you cant do that.
more...
logiclife
04-15 06:54 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
2010 lindsaylohananorexicadded
fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
more...
aquarianf
07-19 08:45 AM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.
wonder why different attorneys have different requirements
Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.
hair tragic Lindsay Lohan.
nixstor
02-24 07:20 PM
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
Thats correct.
Every one can interpret them to their own way and can decide whether its deductible or not. Any thing related to business expenses, if IRS were to question the tax payer, IRS will ask for written substantiation from the employer. Guess what happens! The same CPA who told all these rosy stories and got a decent percentage on your fattest return simply tells you to get that letter. With out all that documentation, I doubt they will fight the audit.
Thats correct.
Every one can interpret them to their own way and can decide whether its deductible or not. Any thing related to business expenses, if IRS were to question the tax payer, IRS will ask for written substantiation from the employer. Guess what happens! The same CPA who told all these rosy stories and got a decent percentage on your fattest return simply tells you to get that letter. With out all that documentation, I doubt they will fight the audit.
more...
anilsal
11-18 04:30 PM
USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)
Why would USCIS do duplicate work?
Why would USCIS do duplicate work?
hot lindsay lohan anorexic. Lindsay+lohan+anorexic+; Lindsay+lohan+anorexic+
abhijitp
01-28 08:14 PM
Tomorrow evening, can you rise to the occasion???
more...
house lindsay lohan anorexic 2010.
GCBy3000
07-25 12:36 PM
This is under ideal conditions. How many 485 has complications and how many are not arranged properly. They have to consider everything. Just to get the papers right for review might take several hours. In between, they may be called for meeting, smoke break, tea break. So give them some slack. Two applications per day is good enough work for an employee considering each app has one or two dependends.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
tattoo hair Lindsay Lohan Shot by
Rajganesh
11-13 11:14 AM
I concurrently filed 140/485 on July 1st. My case was moved to Texas and the receipt date was changed to August 28th on my 140/485. When can I can invoke the AC21? Is it 180 days from July 1st or 180 days from August 28.
Any response will be greatly appreciated.
Thanks,
Any response will be greatly appreciated.
Thanks,
more...
pictures lindsay lohan anorexic. Lindsay+lohan+anorexic+; Lindsay+lohan+anorexic+
vin13
09-30 08:03 AM
:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."
I have used AC21 to change jobs but I am still on H1....Now i am worried.
I have used AC21 to change jobs but I am still on H1....Now i am worried.
dresses Lindsay Lohan 022
pt326bc
09-27 10:36 AM
Same issue with me.
Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
Don't know what that means.
Will keep you guys updated with whatever my lawyer sends me back.
Regards.
Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
Don't know what that means.
Will keep you guys updated with whatever my lawyer sends me back.
Regards.
more...
makeup girlfriend Lindsay Lohan
hope2007
04-15 11:46 AM
changing job location...
girlfriend 2010 Lindsay Lohan Starts
belmontboy
04-18 11:53 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
hairstyles lindsay lohan anorexic. lohan anorexia, lindsay
willigetagc
09-02 11:50 AM
Edit. Latest ..on my case.(with a little history) and this is hilarious.
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D
martinvisalaw
06-25 08:50 AM
Hi,
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
pitha
01-31 12:47 PM
How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
No comments:
Post a Comment