jambapamba
08-08 09:35 AM
See the question on i485:-
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.
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immigrationSantosh
02-06 08:29 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
reddymjm
03-16 12:20 PM
expect an RFE in a month or two. Also fill in your profile to help others...
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obelix
07-27 03:14 PM
Thanks.
Yes, you need to know your original title that was used.
Yes, you need to know your original title that was used.
more...
Refugee_New
01-03 03:35 PM
hi i have a question here:
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
As per USCIS trend, Z's application would be processed first and finally A and B will get the GC.
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
As per USCIS trend, Z's application would be processed first and finally A and B will get the GC.
sachuin23
03-19 02:20 PM
Mine was filed in Jan and still waiting :).....
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Blog Feeds
09-12 09:40 AM
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
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cableching
08-14 08:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
more...
Rsamuga
07-24 04:31 PM
Hi -
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
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pd_recapturing
10-14 08:59 PM
Please suggest. Bumping up ...
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EkAurAaya
06-19 09:15 AM
my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).
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nonimmi
02-01 11:28 AM
Anyone knows a good attorney in PA/NJ area? Though location is not that important but service is.
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vin13
09-30 03:37 PM
If your last FP was more than 15 months ago, then write to local congressman, that usually works.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
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malibuguy007
03-17 01:18 PM
I took out a mortgage with BOA while on EAD. Initially they said they don't recognize EAD but after talking to a supervisor they proceeded with approving the loan. So I do not see any issues.
more...
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myimmiv
02-25 02:48 PM
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
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kaisersose
02-18 10:26 AM
This is how it works.
DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.
As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.
We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.
In short, continue to expect the same pattern of erratic movement.
DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.
As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.
We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.
In short, continue to expect the same pattern of erratic movement.
more...
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zoooom
05-05 04:10 PM
i second that...
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FredG
January 30th, 2005, 10:23 PM
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NELLAIKUMAR
02-16 03:20 PM
Hi Nayekal,
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
voldemar
03-09 10:07 PM
I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
prasadn
02-04 08:49 PM
I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?
If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.
If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.
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