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    • go_guy123
    09-13 02:33 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?

    You can always fight....so long u have cash to burn.



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    • Anders �stberg
    January 18th, 2005, 01:10 AM
    Bob, no problem, your post is most welcome and quite on topic AFAIAC! Please everyone add comments, questions, follow-ups,... the more discussion the merrier! :)
    HI1B 7 year extension questions [Archive] - Immigration Voice
    Log in

    View Full Version : HI1B 7 year extension questions




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    • webm
    05-05 04:37 PM
    You missed the 2 year EAD and AP man. ;)

    This is still under review by USCIS..man..not finalized yet..fyi..



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    • hoolahoous
    10-11 11:50 AM
    hi ,

    Now middle vendor is threatning me that he can sue me for breaking the line of contract .
    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong.

    anyone can sue anyone for whatever reason. However that doesn't mean they will win. Also your case seems slam dunk for you in case they decide to peruse legal options. You did NOT sign any contract with them so there is NO breach of contract. Also you can tell them that you are going to report to Prime vendor that they knowingly misrepresented you (said they employed you whereas they did not). That will make sure that Prime vendor terminates all relations with middle vendor or does not give further business to them. Max middle vendor can do is sue your employer (most probably they signed a contract which your company is breaking) but that is not your problem. Don't be afraid.

    Disclaimer: I am not a lawyer. Do not take this as legal advice.


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    • thomachan72
    12-21 01:18 PM
    Wiring the money is the best and safest option for large amounts. If you wire it into your NRE then it will not be converted into rupee unless you specifically instruct that to happen. You can hold it in US dollars till the value appreciates.
    Usually you can wire it for approx $35 to 40 and it takes about 2 working days.



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    • ajju
    03-01 12:04 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...

    I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...

    I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...

    Good luck... should be resolved soon.. and you'll get GC soon...
    Where's mine :-(


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    • jayleno
    11-20 09:22 PM
    Great oppurtunity(....I mean bump).



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    • sdfdf6534
    03-24 08:27 PM
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    • Nw2GC
    05-07 08:32 PM
    I will be submitting my paper work soon!



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    • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.


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    • rajenk
    02-11 12:56 PM
    Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

    Looking for your replies.

    Thanks,
    Raj

    Contributed $300 so far.



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    • arnet
    11-22 09:28 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia

    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.


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    • HumHongeKamiyab
    04-08 10:59 PM
    Then what do you do if you dont have a candian permit ??


    Hope the following link will make it clear.. Probably, You have to go back to your home country for stamping if your visa is rejected in canada..

    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    --HumHongeKamiyab



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    • ramidiskr
    01-09 04:19 PM
    I am in similar situation,
    But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?

    I would mail the AP once it is approved and can she come back with AP?

    I would be maintaining my H-1 status all the way through......

    Please advise!!!


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    • chanduv23
    09-12 03:58 PM
    Just like *ranga*, *billa* also has a story.

    billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.

    Lets help to keep Billa and Ranga in the US. Lets all go to the rally



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    • smisachu
    12-19 10:26 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.


    Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html

    Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.

    After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.


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    • bala50
    09-01 10:04 AM
    bashir,

    Write a detailed letter explaining all the issues. Get an experience letter as required from company A or from co-workers of company A. And talk to a good attorney , you should be fine.



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    • smuggymba
    08-11 11:56 AM
    My wife got hers from:

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    • dreamgc_real
    09-14 08:21 AM
    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?

    Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!



    optimystic
    04-24 02:45 AM
    Hi god_bless_you,

    Title should have been: "God blessed me !! Got GC." Fix the title, other wise it looks like "God blessed you !! I got into trouble", Unless you feel GC as some trouble imposed on you.

    I am (and most of IV visitors) still without GC and years to go before getting GC.

    Any way, whatever, congratulations.

    --Dhundhun

    OP said "God bless you !!!, I got GC". Not bless*ed*. Those extra two letters might convey the meaning that you suggest. (God blessed you!! , and I got nothing! :) )

    But as is (without the 'ed' after bless), the title does indeed convey appropriate meaning ! Its like saying, "May god bless you (too..) , I have been blessed !" .

    But anyway, we are splitting hairs here :D . Congratulations to the original poster



    vxb2004
    05-31 05:53 PM
    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this


    tpcool,

    Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.

    Good luck.


    Posted by Adelfried at 11:32 AM

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