Green.Tech
08-05 06:09 PM
I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Good point!
For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.
More thoughts?
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Good point!
For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.
More thoughts?
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permfiling
02-09 04:22 PM
A correction, it is for 3 years infact not 4 and the I-94 stamped at POE was 1 month short of 3 years.
cagedcactus
06-11 12:53 PM
Hmmm....
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
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Blessing&Lifeisbeautiful
08-13 04:28 PM
From your case alone this is rather a sweeping judgment. I can assure you they do NOT process based on receipt date if they did my husbands EAD which was received on May 3rd would be approved by now and yours would not. He is still waiting thirteen weeks on.
Was it TSC?
Was it TSC?
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jeny
08-05 01:58 PM
please be more specific ,which interview??
Visa Interview(for green card)
Visa Interview(for green card)
zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
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browncow
06-08 10:53 PM
I do not support this.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
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bala50
08-09 09:38 PM
Department of Homeland security doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice. This news will not be of any value to us.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
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americandesi
04-13 02:58 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
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gova123
08-02 05:16 PM
I am from Tampa, I am interested in the rally, and I know for sure that one of my friend would also commit if we can work this out. let me know
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jchan
05-05 09:59 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
So how can we influence them through this 'public commenting' period? Would that make any change at all?
So how can we influence them through this 'public commenting' period? Would that make any change at all?
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caforum2
04-06 10:10 PM
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
more...
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Soul
06-12 07:32 PM
lol you really want it? :P
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rangakutta
02-10 11:56 AM
I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.
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gcseeker2002
08-14 02:24 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
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seeking_GC
07-18 08:13 PM
Hi,
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
more...
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basav
08-04 06:39 PM
Hi,
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then before H1 date starts i can get my family here on there L2 since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then before H1 date starts i can get my family here on there L2 since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
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gc_chahiye
09-26 07:50 PM
also it puts things in perspective. Seeing this family getting torn apart (amazingly in their case there is no country where all can live together) makes my own H1 and GC related problems appear very tiny.
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chris
02-05 02:50 PM
18003755283
1
2
1
receipt no
1
1
3
4
Good luck
Chris,
How did you reach to the IO (Officer ) to know your status , is there any number/ options..
Please advice.
Thanks.
1
2
1
receipt no
1
1
3
4
Good luck
Chris,
How did you reach to the IO (Officer ) to know your status , is there any number/ options..
Please advice.
Thanks.
chanduv23
07-27 09:50 PM
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
ilikekilo
07-17 04:24 PM
opening new threads like this is annoying, I see lots of useless thread around here which discourages me to come to IV that often. He is asking update from CORE like they owe him, he must have paid his attorney and should attorney in such way not here. Whenever core has something to share they do share, no doubts.
i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK
i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK
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