ilikekilo
03-18 12:37 PM
I wasnt aware of this...no wonder why somoene hwoam u know whose visa is expiring and no GC field yet.. the company filed a L1 for him and planninhg to send him overseas...
what a gimmick!
what a gimmick!
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gcgc2005
12-17 10:37 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
whattodo21
04-20 01:31 PM
John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)
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ksvreg
04-20 11:24 AM
I got the RFE letter today. I do not see any LUDs on my portfolio. But I got RFE by mail.
Here is the extract:
Your application contained Form I-693 in which the required Tuberculin skin test was not conducted. Please note there may be conflicting information on some published Form I-693 instructions regarding when the Chest X-ray report should be performed. It is required only when the Tuberculin skin test indicates a reaction equal to or greater than 5mm, or when the reason for why the Tuberculin skin test is medically inappropriate to perform has been annotated on the Form I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
Please advise.
Here is the extract:
Your application contained Form I-693 in which the required Tuberculin skin test was not conducted. Please note there may be conflicting information on some published Form I-693 instructions regarding when the Chest X-ray report should be performed. It is required only when the Tuberculin skin test indicates a reaction equal to or greater than 5mm, or when the reason for why the Tuberculin skin test is medically inappropriate to perform has been annotated on the Form I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
Please advise.
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masterfender
04-26 09:28 PM
Hi guys,
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
rameshk75
02-14 06:52 PM
Here is my suggestion:
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
more...
DallasBlue
07-26 11:14 AM
:)) nice !!
Write LSAT and go to Law School and become a lawyer and to start practicing you should get admitted to the bar. The bar requirements vary.
In some states like california , you can work under a attorney for 10 (if not ten say 'n') years and get addmitted to the bar.
http://en.wikipedia.org/wiki/Legal_Education
http://en.wikipedia.org/wiki/LSAT
good luck!!
Write LSAT and go to Law School and become a lawyer and to start practicing you should get admitted to the bar. The bar requirements vary.
In some states like california , you can work under a attorney for 10 (if not ten say 'n') years and get addmitted to the bar.
http://en.wikipedia.org/wiki/Legal_Education
http://en.wikipedia.org/wiki/LSAT
good luck!!
2010 War of the Worlds Poster
apb
10-01 02:39 PM
My friend had applied for GC through B (never worked, PD-2004/EB2, 140 approved and 485 more than 6 months) and he was continuing with company A on H1B.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
more...
ss1026
06-23 01:57 AM
From the horse's mouth
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
hair 2011 WAR OF THE WORLDS (2005)
reddymjm
03-11 05:51 PM
Just woke up??
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sircaustic
05-13 10:45 PM
Like I said earlier, you have 240 days before you go out of status. If you are receiving an RFE, it means your case is under review. Upon receiving your response to the RFE, the officer should be able to adjudicate case fairly soon. However, if you are nervous, I recommend file for an expedited review when sending your response. That said, I would hate to pay the extra $$$$ if I don't have to.
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go_guy123
01-21 11:47 AM
Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
more...
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loudoggs
10-27 12:16 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
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Devils_Advocate
04-08 11:46 AM
Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
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RadioactveChimp
04-08 02:14 AM
and i will change it tmrw...right now i gotta sleep
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askreddy
06-19 12:45 AM
Thanks CoopHeal.
Others Any suggestions?
Thanks
askreddy
Others Any suggestions?
Thanks
askreddy
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eaglesvr
11-11 05:06 PM
Child Protection Act is based on I-140 timing. If by the time of applying for I-140 your son got 21 then no-chance, it's not applicable. If not then some calculation is needed.
When did they apply for I-140. How old was your son at that time? When was it approved?
When did they apply for I-140. How old was your son at that time? When was it approved?
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natan
09-10 12:32 AM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
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buddyinus
08-11 01:55 AM
I buy your words, I think they are working half day on saturdays
Guyz just chill!!! How doz it even matter...Nothingz in our hands now...V have done our bit and let us let them do their bit. One shud appreciate the USCIS' efforts to bring about a temporary solution to the long wait. Atleast things r happening.
Guyz, this Friday (i.e today) therez a new awesome Hindi movie which got released and itz called Chak De India. Watch it ... as its inspirational. Cheers...CHAK DE INDIA...CHAK DE IV !!!
Guyz just chill!!! How doz it even matter...Nothingz in our hands now...V have done our bit and let us let them do their bit. One shud appreciate the USCIS' efforts to bring about a temporary solution to the long wait. Atleast things r happening.
Guyz, this Friday (i.e today) therez a new awesome Hindi movie which got released and itz called Chak De India. Watch it ... as its inspirational. Cheers...CHAK DE INDIA...CHAK DE IV !!!
Money
02-14 12:08 AM
in the final bill. No need to worry
roseball
07-27 12:01 AM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
Only send it after you get a receipt notice....Else, I am sure it will get lost....USCIS has said in its latest FAQs that it will not reject the 485 packet if it doesnt inlcude the medicals....So wait till you get a receipt notice and send it with a copy of the receipt...
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
Only send it after you get a receipt notice....Else, I am sure it will get lost....USCIS has said in its latest FAQs that it will not reject the 485 packet if it doesnt inlcude the medicals....So wait till you get a receipt notice and send it with a copy of the receipt...