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 jr, Dragon
anu_t
07-06 05:38 PM
Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
meridiani.planum
04-22 07:58 PM
You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.
2011 z vegeta super saiyan 4.
richana
01-22 05:58 PM
Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck
more...
Fightwithfate
03-15 12:42 PM
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
vkmurthy260
06-25 11:32 AM
If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .
Hope this is information is usefull.
Thanks
Kris.
Hope this is information is usefull.
Thanks
Kris.
more...
retropain
09-07 03:48 PM
I guess a lot of folks (including me) have not had the opportunity to file for the 485. And most of the folks who did file 485's have already been approved.
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svennela
01-22 06:10 PM
Thanks a lot..
more...
praveen2008
02-13 07:19 PM
\first of all thanks for the answers...
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside
hair Dragon+all+z+vegeta+super
freddy22
04-24 09:54 PM
yawn
more...
Dhundhun
08-09 01:13 PM
The top reason would be-
"We are the USCIS".
What say?
00. It's style - USCIS style.
"We are the USCIS".
What say?
00. It's style - USCIS style.
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chintu25
07-12 12:21 PM
Here is an email address for emailing letters to USCIS. Please send only approved formats from IV
usvisa@state.gov
Thanks
Chintu25
:D
usvisa@state.gov
Thanks
Chintu25
:D
more...
house Ball Z Vegeta Super Saiyan
vinzak
05-18 02:21 PM
This is quickly qualifying as an irrelevant thread.
tattoo Dragon+all+z+wallpapers+
sdrblr
08-09 06:18 PM
reason # 13.
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
more...
pictures goku super saiyan 4 gogeta. z
hopefulgc
01-26 02:33 PM
Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
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amitga
03-05 01:51 PM
They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:
Where are the details of the bill? I am not able to find it anywhere.
Where are the details of the bill? I am not able to find it anywhere.
more...
makeup Dragon Ball Z Broly Super
gc03
09-07 01:56 PM
I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
Note: H1B not started yet. It will start from oct 1st.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
Note: H1B not started yet. It will start from oct 1st.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
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jaggu bhai
04-04 02:09 PM
when they say school starts from december 2011, f1 approval will be given around that date (i.e, 1 month before commencement of course), so even if u apply now, it will only help you to get prpared (in case if they ask for additional documents etc - most unlikely in ur case).
so gud luck
so gud luck
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delhirocks
07-18 09:49 PM
Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
What do you think now? any suggestion.
I won't be too worried about that, worst case scenario you might get an RFE.
What do you think now? any suggestion.
I won't be too worried about that, worst case scenario you might get an RFE.
Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
beppenyc
03-20 08:15 PM
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=
Q Okay. My question is, since 9/11, one of the key things that we need
is immigration reform, including comprehensive immigration reform that is
right now in front of Senator Specter's committee in the Judiciary. There are
two principles I'm hoping that you would support: One, the good people, the
engineers, the PhDs, the doctors, the nurses, the people in the system who
have followed the rules, will go to the head of the line in any form of
immigration reform. That's Title IVz of the bill.
Secondly, the illegals who have not followed the rules -- I understand the
debate, I appreciate your statements about immigration reform, but isn't it
better that we know who they are, have them finger-printed and photographed,
and allow some form of 245I to come back so --
THE PRESIDENT: Tell people what that is. Tell people what 245I is.
Q Okay -- 245I is a partial amnesty program that expired back in 2001,
in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
a small segment of the illegal population where they would pay the $1,000 fine
and, for example, coming in illegally, then marrying an American citizen,
could somehow legalize their status.
THE PRESIDENT: Okay. Let me give you some broad principles on
immigration reform as I see them. First of all, we do need to know who's
coming into our country and whether they're coming in illegally, or not
legally -- legally or not legally -- and whether they're coming in or going
out. And part of reforms after September the 11th was a better system of
finding out who's coming here.
Secondly, we have a big border between Texas and Mexico that's really hard
to enforce. We got to do everything we can to enforce the border,
particularly in the south. I mean, it's the place where people are pouring
across in order to find work. We have a situation in our own neighborhood
where there are way -- disparities are huge, and there are jobs in America
that people won't do. That's just a fact. I met an onion grower today at the
airport when I arrived, and he said, you got to help me find people that will
grow onions -- pluck them, or whatever you do with them, you know.
(Laughter.) There are jobs that just simply aren't getting done because
Americans won't do them. And yet, if you're making 50 cents an hour in
Mexico, and you can make a lot more in America, and you got mouths to feed,
you're going to come and try to find the work. It's a big border, of which --
across which people are coming to provide a living for their families.
Step one of any immigration policy is to enforce our border in practical
ways. We are spending additional resources to be able to use different
detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
way, expand the number of agents on the border, to make sure we're getting
them the tools necessary to stop people from coming across in the first place.
Secondly, part of the issue we've had in the past is we've had -- for lack
of a better word -- catch and release; the Border Patrol would find people
sneaking in; they would then hold them for a period of time; they'd say, come
back and check in with us 45 days later, and then they wouldn't check in 45
days later. And they would disappear in society to do the work that some
Americans will not do.
And so we're changing catch and release. We're particularly focusing on
those from Central America who are coming across Mexico's southern border,
ending up in our own -- it's a long answer, but it's an important question:
How do we protect our borders, and at the same time, be a humane society?
Anyway, step one, focus on enforcing border; when we find people, send
them home, so that the work of our Border Patrol is productive work.
Secondly, it seems like to me that part of having a border security
program is to say to people who are hiring people here illegally, we're going
to hold you to account. The problem is our employers don't know whether
they're hiring people illegally because there's a whole forgery industry
around people being smuggled into the United States. There's a smuggling
industry and a forgery industry. And it's hard to ask our employers, the
onion guy out there, whether or not he's got -- whether or not the documents
that he's being shown that look real are real.
And so here's a better proposal than what we're doing today, which is to
say, if you're going to come to do a job an American won't do, you ought to be
given a foolproof card that says you can come for a limited period of time and
do work in a job an American won't do. That's border security because it
means that people will be willing to come in legally with a card to do work on
a limited basis, and then go home. And so the agents won't be chasing people
being smuggled in 18-wheelers or across the Arizona desert. They'll be able
to focus on drugs and terrorists and guns.
The fundamental question that he is referring to is, what do we do about -
- there's two questions -- one, should we have amnesty? And the answer, in my
judgment, is, no, we shouldn't have amnesty. In my judgment, granting
amnesty, automatic citizenship -- that's what amnesty means -- would cause
another 11 million people, or however many are here, to come in the hopes of
becoming a United States citizen. We shouldn't have amnesty. We ought to
have a program that says, you get in line like everybody else gets in line;
and that if the Congress feels like there needs to be higher quotas on certain
nationalities, raise the quotas. But don't let people get in front of the
line for somebody who has been playing by the rules. (Applause.)
And so, anyway, that's my ideas on good immigration policy. Obviously,
there's going to be some questions we have to answer: What about the person
who's been here since 1987 -- '86 was the last attempt at coming up with
immigration reform -- been here for a long period of time. They've raised a
family here. And my only advice for the Congress and for people in the debate
is understand what made America. We're a land of immigrants. This guy is
from Hungary, you know. (Applause.) And we got to treat people fairly.
We've got to have a system of law that is respectful for people.
I mean, the idea of having a program that causes people to get stuck in
the back of 18-wheelers, to risk their lives to sneak into America to do work
that some people won't do is just not American, in my judgment. And so I
would hope the debate would be civil and uphold the honor of this country.
And remember, we've been through these periods before, where the immigration
debate can get harsh. And it should not be harsh. And I hope -- my call for
people is to be rational about the debate and thoughtful about what words can
mean during this debate.
Final question, sir. You're paying me a lot of money and I got to go back
to work. (Laughter.)
PS I did not know about the story of I-245 on 9/11....
Q Okay. My question is, since 9/11, one of the key things that we need
is immigration reform, including comprehensive immigration reform that is
right now in front of Senator Specter's committee in the Judiciary. There are
two principles I'm hoping that you would support: One, the good people, the
engineers, the PhDs, the doctors, the nurses, the people in the system who
have followed the rules, will go to the head of the line in any form of
immigration reform. That's Title IVz of the bill.
Secondly, the illegals who have not followed the rules -- I understand the
debate, I appreciate your statements about immigration reform, but isn't it
better that we know who they are, have them finger-printed and photographed,
and allow some form of 245I to come back so --
THE PRESIDENT: Tell people what that is. Tell people what 245I is.
Q Okay -- 245I is a partial amnesty program that expired back in 2001,
in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
a small segment of the illegal population where they would pay the $1,000 fine
and, for example, coming in illegally, then marrying an American citizen,
could somehow legalize their status.
THE PRESIDENT: Okay. Let me give you some broad principles on
immigration reform as I see them. First of all, we do need to know who's
coming into our country and whether they're coming in illegally, or not
legally -- legally or not legally -- and whether they're coming in or going
out. And part of reforms after September the 11th was a better system of
finding out who's coming here.
Secondly, we have a big border between Texas and Mexico that's really hard
to enforce. We got to do everything we can to enforce the border,
particularly in the south. I mean, it's the place where people are pouring
across in order to find work. We have a situation in our own neighborhood
where there are way -- disparities are huge, and there are jobs in America
that people won't do. That's just a fact. I met an onion grower today at the
airport when I arrived, and he said, you got to help me find people that will
grow onions -- pluck them, or whatever you do with them, you know.
(Laughter.) There are jobs that just simply aren't getting done because
Americans won't do them. And yet, if you're making 50 cents an hour in
Mexico, and you can make a lot more in America, and you got mouths to feed,
you're going to come and try to find the work. It's a big border, of which --
across which people are coming to provide a living for their families.
Step one of any immigration policy is to enforce our border in practical
ways. We are spending additional resources to be able to use different
detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
way, expand the number of agents on the border, to make sure we're getting
them the tools necessary to stop people from coming across in the first place.
Secondly, part of the issue we've had in the past is we've had -- for lack
of a better word -- catch and release; the Border Patrol would find people
sneaking in; they would then hold them for a period of time; they'd say, come
back and check in with us 45 days later, and then they wouldn't check in 45
days later. And they would disappear in society to do the work that some
Americans will not do.
And so we're changing catch and release. We're particularly focusing on
those from Central America who are coming across Mexico's southern border,
ending up in our own -- it's a long answer, but it's an important question:
How do we protect our borders, and at the same time, be a humane society?
Anyway, step one, focus on enforcing border; when we find people, send
them home, so that the work of our Border Patrol is productive work.
Secondly, it seems like to me that part of having a border security
program is to say to people who are hiring people here illegally, we're going
to hold you to account. The problem is our employers don't know whether
they're hiring people illegally because there's a whole forgery industry
around people being smuggled into the United States. There's a smuggling
industry and a forgery industry. And it's hard to ask our employers, the
onion guy out there, whether or not he's got -- whether or not the documents
that he's being shown that look real are real.
And so here's a better proposal than what we're doing today, which is to
say, if you're going to come to do a job an American won't do, you ought to be
given a foolproof card that says you can come for a limited period of time and
do work in a job an American won't do. That's border security because it
means that people will be willing to come in legally with a card to do work on
a limited basis, and then go home. And so the agents won't be chasing people
being smuggled in 18-wheelers or across the Arizona desert. They'll be able
to focus on drugs and terrorists and guns.
The fundamental question that he is referring to is, what do we do about -
- there's two questions -- one, should we have amnesty? And the answer, in my
judgment, is, no, we shouldn't have amnesty. In my judgment, granting
amnesty, automatic citizenship -- that's what amnesty means -- would cause
another 11 million people, or however many are here, to come in the hopes of
becoming a United States citizen. We shouldn't have amnesty. We ought to
have a program that says, you get in line like everybody else gets in line;
and that if the Congress feels like there needs to be higher quotas on certain
nationalities, raise the quotas. But don't let people get in front of the
line for somebody who has been playing by the rules. (Applause.)
And so, anyway, that's my ideas on good immigration policy. Obviously,
there's going to be some questions we have to answer: What about the person
who's been here since 1987 -- '86 was the last attempt at coming up with
immigration reform -- been here for a long period of time. They've raised a
family here. And my only advice for the Congress and for people in the debate
is understand what made America. We're a land of immigrants. This guy is
from Hungary, you know. (Applause.) And we got to treat people fairly.
We've got to have a system of law that is respectful for people.
I mean, the idea of having a program that causes people to get stuck in
the back of 18-wheelers, to risk their lives to sneak into America to do work
that some people won't do is just not American, in my judgment. And so I
would hope the debate would be civil and uphold the honor of this country.
And remember, we've been through these periods before, where the immigration
debate can get harsh. And it should not be harsh. And I hope -- my call for
people is to be rational about the debate and thoughtful about what words can
mean during this debate.
Final question, sir. You're paying me a lot of money and I got to go back
to work. (Laughter.)
PS I did not know about the story of I-245 on 9/11....
