genius
04-14 06:47 PM
Desi consultants should be heavily fined or shut down if they get caught in filing multiple petitions. Why doesn't USCIS take reasonable steps to avoid these kinds of fraud. i hate it when desi consultants hire people from business background and file a H1B for them as a DBA's or programmer analysts or QA's....!!!
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americandesi
01-26 09:38 PM
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
Here it is
http://www.news.com/2100-1017-255994.html
Here it is
http://www.news.com/2100-1017-255994.html
Berkeleybee
04-10 09:12 PM
Should I narrate the story of the 'success of microsoft' and its history?:)
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
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GCInThisLife
07-19 12:52 PM
The company filed for her H1B COS which was approved with new I-94. Lot of people with consulting firms especially spouses would be in similar situation and while following the forums, I haven't heard many denials with this reason i.e., joining the employer a little later for H1B approval.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
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ameryki
10-09 11:20 PM
chor chor
gcseeker2002
03-02 02:51 PM
Did you wire transfer funds too many times in larger amounts?
this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.
this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.
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apatel_17
07-02 03:50 PM
Close to $1000 for my wife and me. (about $800 for medical, $50 for photos, rest in express mail, international phone calls and faxes, gas, etc.) I am not assigning any monetary value to the hours and hours of personal time this took...
employer is paying USCIS and attorney fees.
employer is paying USCIS and attorney fees.
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bekugc
12-28 04:19 PM
Omm,
as mammoy has indicated, if u quit before 140 approval, and u get RFE; if there is no employer cooperation ( for whatever reason) . u can be in trouble.
better stay with ur curent employer until it get approved. move if u have to to a different client; if u want to stay in ur existing client , try to negotiate if they can continue u on a lower billing rate. take a cut for now as long as its still above ur h1 prevailing wage etc.
as mammoy has indicated, if u quit before 140 approval, and u get RFE; if there is no employer cooperation ( for whatever reason) . u can be in trouble.
better stay with ur curent employer until it get approved. move if u have to to a different client; if u want to stay in ur existing client , try to negotiate if they can continue u on a lower billing rate. take a cut for now as long as its still above ur h1 prevailing wage etc.
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Dhundhun
01-26 06:42 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.
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.
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kpatel_29
12-20 02:33 PM
NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..
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lazycis
12-18 07:49 PM
I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
My advice is to take a new job, leave the current employer on good terms and forget about AC21.
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
My advice is to take a new job, leave the current employer on good terms and forget about AC21.
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alex99
11-25 12:02 PM
Good JOB IV CORE and Other Senior Members working on this.
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lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
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praky
05-30 02:43 AM
Dunnito
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Blessing&Lifeisbeautiful
08-08 05:44 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?
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eastindia
04-22 09:40 AM
we want it in all 50 states
Yes sure. Such similar rules should also apply to all temporary workers (non US citizens/non Permanent Residents). How about that?
Yes sure. Such similar rules should also apply to all temporary workers (non US citizens/non Permanent Residents). How about that?
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willigetagc
07-26 11:26 AM
oooh! the worries never cease...:D
I am now worried that eventually we will all get the GC and then we will sit out for 5-7 years and get a citizenship... Then make a trip to india only to realize that the the world has shifted.
Then it is all back to square 1, H1, GC, citizenship in India.... :D
I am now worried that eventually we will all get the GC and then we will sit out for 5-7 years and get a citizenship... Then make a trip to india only to realize that the the world has shifted.
Then it is all back to square 1, H1, GC, citizenship in India.... :D
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Saburi
02-12 04:12 PM
H1B transfer was regular transfer but my new employer used the same job code as specified in labor.
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
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eb3_nepa
03-16 03:47 PM
Kudos to guys like Ragz4u and the rest of you who are following these articles so dilligently. Keep up the good work.
plassey
08-22 05:48 PM
He has just one option, get the laws changed. Not beating the dead man but folks should understand the importance of IV activities.
Look at the state of affair of Tri State, thousands of people like these but only 25 so far signed up for DC rally. Not enough to fill even one bus WHAT A SHAME!
Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...
abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.
Good luck!
Wake up! Oct numbers are already out by AILA, it is stuck in 01. You got only one option , which is IV
Mine is EB3 from India. I still hope the next years numbers could be coming out on Oct.
Thats what IV is trying to do. Sitting in your holes will not achieve anything. Speak up
You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?
Look at the state of affair of Tri State, thousands of people like these but only 25 so far signed up for DC rally. Not enough to fill even one bus WHAT A SHAME!
Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...
abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.
Good luck!
Wake up! Oct numbers are already out by AILA, it is stuck in 01. You got only one option , which is IV
Mine is EB3 from India. I still hope the next years numbers could be coming out on Oct.
Thats what IV is trying to do. Sitting in your holes will not achieve anything. Speak up
You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?
sureshksv
04-01 05:50 PM
sent faxes #10 & #11
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