lazycis
01-15 10:48 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
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pappu
02-17 12:26 PM
Another op-ed should be coming soon in another media
nave_kum
09-12 04:33 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
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
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
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
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Jaime
02-03 04:56 PM
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
more...
ras
07-15 12:46 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
rjgleason
January 17th, 2005, 07:41 AM
Thanks guys!
Bob, I'm clueless on portrait photography, but they look very good to me! :)
As far as the games is concerned, I try to keep the shutter speed at 1/500 or maybe 1/400 if necessary, to freeze motion reasonably well. There's still movement visible on sticks and pucks, but that's fine IMO. The arenas I've been to so far (small local areans for lower divisions) generally have poor lighting so... I usually get f/2-f/2.8 and 1/500 or thereabouts, and I'm still underexposing slightly. Use larger apertures and too much is OOF, the DOF is too shallow as it is. I'd love to try hockey in better light.
EDIT: Forgot the lenses... most good ones seem to come from 300/2.8 (mostly from the seats as it's on the long side), 135/2 (best results so far) and 85/1.8. My 70-200/2.8 is a bit of a disappointment, it is nowhere near as good as the 135/2 when used wide open. I've also started playing around a bit with wide-angles, it can give you some unusual action shots as long as you have the nerve to remain by the boards when the players come storming by. :)
Thanks Anders.......I think I will try my 200 1.8 and 135 2.0 (I'll also bring my 85 1.8)
Bob, I'm clueless on portrait photography, but they look very good to me! :)
As far as the games is concerned, I try to keep the shutter speed at 1/500 or maybe 1/400 if necessary, to freeze motion reasonably well. There's still movement visible on sticks and pucks, but that's fine IMO. The arenas I've been to so far (small local areans for lower divisions) generally have poor lighting so... I usually get f/2-f/2.8 and 1/500 or thereabouts, and I'm still underexposing slightly. Use larger apertures and too much is OOF, the DOF is too shallow as it is. I'd love to try hockey in better light.
EDIT: Forgot the lenses... most good ones seem to come from 300/2.8 (mostly from the seats as it's on the long side), 135/2 (best results so far) and 85/1.8. My 70-200/2.8 is a bit of a disappointment, it is nowhere near as good as the 135/2 when used wide open. I've also started playing around a bit with wide-angles, it can give you some unusual action shots as long as you have the nerve to remain by the boards when the players come storming by. :)
Thanks Anders.......I think I will try my 200 1.8 and 135 2.0 (I'll also bring my 85 1.8)
more...
immigrationmatters30
09-03 07:23 PM
My company applied for 3 year extention after 6th year and was approved in 2 weeks under premium processing.
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a_yaja
06-18 05:24 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
more...
kedrex
02-10 09:37 PM
I was in a similar situation and sponsored my parents, sister and bro in law. The univ. graduation letter made a big difference and they got their visa.
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crystal
10-06 10:22 AM
There is no specific rule for this. I read opposite opinions on this by different lawyers. Based my reading on this subject , I came to a conclusion that it is better to switch to I-485 EAD once we get it to be on safer side. This is more related to IO officer questioning about our intent of continuing on F1 even after I-485 filing rather than IRS audits
more...
bandhu
02-04 04:22 PM
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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fromnaija
03-18 04:12 PM
I think you have the right forms. I can't think of anything else to add.
As pointed out this forum is dedicated to employment-based immigration. You may want to check the forum at immigrationportal.com where there is a section dedicated to family-based immigration. Good luck.
As pointed out this forum is dedicated to employment-based immigration. You may want to check the forum at immigrationportal.com where there is a section dedicated to family-based immigration. Good luck.
more...
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needhelp!
10-19 05:07 PM
Thats exactly exact..
Are you talking about the Diwali Mela event on November 10th?
Are you talking about the Diwali Mela event on November 10th?
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smartboy75
11-01 04:51 PM
Wait for 90 days to pass by...then give a call to USCIS ....and enquire about her status...
Go ahead with your FP appointment....Eventually your daughters Receipt notice and FP will follow...
Hope this helps...
Go ahead with your FP appointment....Eventually your daughters Receipt notice and FP will follow...
Hope this helps...
more...
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Jaime
09-14 05:25 PM
To attend the rally:
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
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crystal
08-16 05:00 PM
I think u need EAD to apply for SSN. But once you apply for SSN , you dont need actual card to start wroking,
http://www.ssa.gov/pubs/10181.html#need
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
http://www.ssa.gov/pubs/10181.html#need
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
more...
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fromnaija
06-23 02:05 AM
Reading the SOP on I-485 processing, I found that the application is stamped with the receipt date in the mail room. When the package is eventually opened the receipt date is compared with the visa bulletin as of that receipt date and if PD is not current the application is rejected.
Yeah, its not worth the risk. Just curious about how this timeline works though.
Yeah, its not worth the risk. Just curious about how this timeline works though.
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Eternal_Hope
01-28 05:19 PM
There is a list of some prominent people in a Wiki article. Here is the link
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
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dsneyog
11-29 07:51 PM
I would still like to know if I can e-file? This is the first time I am filing for AP. I didn't do it along with my EAD application.
Thanks
Thanks
TereDwarKhadaJogi
08-27 04:15 PM
Two year EAD as well, for my spouse and I...EB3 I-140 Pending, since May 07.
pbojja
05-21 12:03 PM
Has anybody in this group(i.e. whose I-140 was transferred to TSC from NSC recently) seen any movements in their case? I am in the same boat, I-140 filed May'07 at NSC and moved to TSC in Apr'08. I saw one more related thread but haven't seen any approvals recently.
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
Looks like all the transfer cases are placed seperately and will not be touched for a while , My case was transfered to TSC on April 7th 08 and RD : July 5 th 07 . No word from TSC .. Not sure what we can do , more than a year of waiting for 140 approval ...God only can help us
http://immigrationvoice.org/forum/showthread.php?t=18566
Please do update if you have any recent updates. Thank you
Looks like all the transfer cases are placed seperately and will not be touched for a while , My case was transfered to TSC on April 7th 08 and RD : July 5 th 07 . No word from TSC .. Not sure what we can do , more than a year of waiting for 140 approval ...God only can help us
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