kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
wallpaper (What To Wear - Taylor Swift
lvinaykumar
04-22 05:02 PM
For me to even think of getting a GC i might have to atleast move to EB2 from EB3 :mad:
Desertfox
05-20 03:32 AM
Few years ago I evaluated my 3-year engineering diploma from ECE to transfer some credits toward a bachelors degree at Arizona State University. It was evaluated as 10+2+1, and it clearly said that the US equivalency was High School Diploma with One Year of Undergraduate study. So it was not even equivalent to an Associates degree. However, I never had a H-1B visa and neither I work in IT, so I never had to run it through USCIS.
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gcisadawg
04-21 08:54 PM
My H1B was filed on Feb 10th and got approved around March 15th. 10th year extension.
Full time employmnet. No RFE. Since my I-140 wasn't approved, I only got 1 year extension.
Full time employmnet. No RFE. Since my I-140 wasn't approved, I only got 1 year extension.
more...
bkarnik
10-24 03:38 PM
Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
Good work janilsal. A correction though, your question number is 169. I read 170 and was initially horrified at the hate in that question. Thankfully, I looked at the author information and was thankful that it was not an IV member who posted #170. Just a small correction. You may want to go and edit your original post accordingly.
Also, let us know if you get a reply.
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
Good work janilsal. A correction though, your question number is 169. I read 170 and was initially horrified at the hate in that question. Thankfully, I looked at the author information and was thankful that it was not an IV member who posted #170. Just a small correction. You may want to go and edit your original post accordingly.
Also, let us know if you get a reply.
nogc_noproblem
07-19 12:01 AM
Bump >>>>>>
more...
willgetgc2005
04-25 10:07 AM
dilbert,
I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?
__________________________________________________ _________
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?
__________________________________________________ _________
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
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pd052009
09-13 12:31 PM
No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(
more...
hoolahoous
07-14 09:30 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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vallabhu
02-20 10:11 PM
I live in ATL, Count me in.
more...
MDix
02-04 09:07 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
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desi3933
02-26 11:14 PM
Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.
No.
___________________
Not a legal advice.
No.
___________________
Not a legal advice.
more...
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devikas81
09-09 07:08 PM
Pls. update ur case once you receive any action from USCIS,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
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waitin_toolong
06-16 11:55 AM
Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
more...
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tonyHK12
10-16 10:15 AM
what is the cost for premium processing
$1000
$1000
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lecter
February 3rd, 2006, 03:01 AM
as already stated:
Requirements first
Budget second
then start selecting.
in the $1000 bracket there's some choice.
Personally, it's a tough space......, glad I am not making that decision.
for personal bias reasons, only the 350D or D70/50 are worth looking at.
Olympus makes nice gear, but in a newer format and has expensive accessories
Requirements first
Budget second
then start selecting.
in the $1000 bracket there's some choice.
Personally, it's a tough space......, glad I am not making that decision.
for personal bias reasons, only the 350D or D70/50 are worth looking at.
Olympus makes nice gear, but in a newer format and has expensive accessories