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  • sreeanne
    12-13 12:29 PM
    my 485 also did not show up till my FP was done, but after my FP completed, the next day it showed up in online system.





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  • immigrationSantosh
    02-06 08:29 PM
    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortious Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.





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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • paskal
    08-14 04:10 PM
    never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p



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  • Janisaris
    10-30 04:37 PM
    Please call
    1-800-375-5283 options 1-2-2-6-2-2-1.

    Dial the extensions in sequence with a gap of 2 seconds...

    Good Luck !!

    Did you receive them from NSC (LIN?) . Where did you get your I140 approved?





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  • reddymjm
    05-05 04:38 PM
    You mean , if we renew our EAD will they will give for 2 Years?? confused..

    Thaks,
    Pal

    They might Pal.



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  • raysaikat
    04-17 12:46 AM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.





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  • USDream2Dust
    10-15 06:53 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.

    I would relax now and be happy about not getting another RFE in short time.



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  • sammyb
    02-10 07:00 PM
    uploaded the letter...



    read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...





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  • crsna
    04-11 10:28 AM
    Why are you waiting till jan 2008 to apply for green card? Once you file labor and complete one year, i believe you can keep extending your h1 on a yearly basis. So you do not have to go back to India.

    Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
    once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?

    no other solution for this?

    pls help me.



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  • ak_manu
    04-02 05:31 PM
    As soon as USCIS recieved my response documents my case status changed to resumed.

    My attorney suggested me to get it notarized on stamp paper as it would look more genunie. It may not be mandatory but as it say Govt of India on stamp paper it would look little genunie.





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  • mmk123
    04-18 08:04 PM
    we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..

    thanks!



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  • NO_Free_Rider
    09-14 12:47 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.





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  • kroy1976
    04-14 08:05 AM
    Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.

    But I am not sure if this is true or she is being over assuring.

    Thanks a lot



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  • acruix
    07-13 04:05 PM
    http://www.immigrantslist.org/page/petition/Chertoff





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  • ras
    06-06 02:29 PM
    Are there any specific links for complaining to these agencies?



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  • kak1978
    09-24 10:50 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!

    What was your RFE about?





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  • sparky_jones
    06-08 10:48 AM
    Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!
    Fortunately, MA is still unaffected by the xenophobic policies regarding Driver's Licenses that are prevalent in other states. You can renew your license online, and the length or the nature of the validity of your immigration status has no influence on the type or duration of the driver's license. How long this will stay like this in MA is anybody's guess. I am sure they will also become restrictive when pressure is brought on by REAL ID regulations.





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  • GC109
    06-22 02:54 AM
    Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.


    If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.


    You will need letters from all your previous employers, verifying the job discription


    Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)


    After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)


    After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)

    Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
    On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.

    And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck

    Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?





    chanduv23
    01-24 10:22 AM
    Tri Staters - please make it to this social event.





    lp2007
    08-05 12:13 AM
    A friend of mine got his 140 approved in 5 days through PP in June. I don't think now that option is even available since PP has been suspended until futher notice.

    http://murthy.com/news/n_procon.html

    Thanks



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