nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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madhu345
12-12 02:59 PM
You can get it corrected at any local USCIS offices. But its time consuming effort.
Cheran
05-10 09:55 AM
The only valid statement is with a guy with older priority date, everyone else there is no valid point!!!
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bombaysardar
07-16 09:08 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
more...
ashishgour
09-17 10:56 AM
No - there is nothing to do your status with AP.
Thanks a Lot!!!
Thanks a Lot!!!
rajpatelemail
12-09 05:43 PM
yeah
this guy can not even dare to reveal id....
pity pity....
To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.
Comments and reds are very much fine and apprciated... No issues.
So that we can learn from others comments.
But Revealing ID is very very important.
see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.
this guy can not even dare to reveal id....
pity pity....
To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.
Comments and reds are very much fine and apprciated... No issues.
So that we can learn from others comments.
But Revealing ID is very very important.
see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.
more...
jonty_11
07-11 06:21 PM
Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
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gotgc?
09-16 06:13 PM
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
more...
dbevis
November 10th, 2004, 08:40 AM
To me it sounds more like a battery problem. Either making a poor contact or the battery itself is bad. There could be something preventing good contact, either the battery or the contacts inside the camera.
I know with Canon cameras, there is always some sort of hidden switch that shuts off the camera when a door is opened. Maybe Nikon has this too and the switch is messed up?
I know with Canon cameras, there is always some sort of hidden switch that shuts off the camera when a door is opened. Maybe Nikon has this too and the switch is messed up?
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June2007
08-23 06:44 PM
Are there any June filers who have got receipts from TSC recently but are still waiting for FP notice? (My case: TSC, 485 RD 6/27, ND 8/2, FP?)
Thanks!
Thanks!
more...
logiclife
05-11 12:38 PM
Listen to the program and the number they give would be the number to call. I tried to find the number but its not posted on npr.org website.
Here are some general numbers though if you want to call and find out the Call-in number for participations.
General Phone Numbers:
NPR Staff Directory (202) 513-2000
Listener Services (202) 513-3232
Corporate Sponsorship (202) 513-2093
NPR Foundation (202) 513-2073
Main Fax (202) 513-3329
Media Relations:
Phone Number (202) 513-2300
Here are some general numbers though if you want to call and find out the Call-in number for participations.
General Phone Numbers:
NPR Staff Directory (202) 513-2000
Listener Services (202) 513-3232
Corporate Sponsorship (202) 513-2093
NPR Foundation (202) 513-2073
Main Fax (202) 513-3329
Media Relations:
Phone Number (202) 513-2300
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WeShallOvercome
07-31 12:13 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
more...
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kirupa
01-22 01:35 AM
Ok, proper previews have been added thanks to krilnon! Click on the bolded View Entry link next to each entry to see it.
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Kodi
07-03 10:49 AM
ROW means Rest Of the World. That's countries other than India, China and Phil.
You're not from the above countries which is probably why you got approved so fast.
You're not from the above countries which is probably why you got approved so fast.
more...
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goel_ar
11-19 08:28 AM
Hi ,
What number I can call at? When I call them- they told me I have to come in person to get status as they can't give it over phone for non-US citizens.
Thanks,
AG
What number I can call at? When I call them- they told me I have to come in person to get status as they can't give it over phone for non-US citizens.
Thanks,
AG
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gunsnkars
10-17 12:10 PM
Contract - Corp-to-Corp - Slave
Contract - W2 - Slave
Contract to Hire - Independent - Slave
Contract to Hire - Last but not the least "SLAVE"
"Any one with genuine answers"
Contract - W2 - Slave
Contract to Hire - Independent - Slave
Contract to Hire - Last but not the least "SLAVE"
"Any one with genuine answers"
more...
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saketkapur
07-06 05:48 PM
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
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gk_2000
01-26 07:09 PM
Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)
PR Newswire is AWESOME!
PR Newswire is AWESOME!
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chanduv23
07-05 07:20 AM
Senthil1 - behaves like an anti immigrant sitting in this forum. Though at times he gets things right and in perspective, most times he is always supportive of the other side - with no logic or reasoning.
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
bskrishna
06-09 11:49 AM
Thanks a lot for the VISA issue....
Cant i travel via Germany to India with stolen visa issue ?
Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow
Cant i travel via Germany to India with stolen visa issue ?
Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow
Alabaman
04-05 03:57 PM
Nice Article... hits the nail on the head!! I wish it also highlighted the need for high skilled immigrants to be able to get GCs easily too.
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