snathan
07-31 01:23 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
wallpaper Judgment.Day(Skynet.
optimist578
04-30 10:43 AM
You are there for a long wait..mine was filed in dec and still pending.
My receipt date was 1st Dec and I got approval notice on April 25th.
My receipt date was 1st Dec and I got approval notice on April 25th.
vivaforever
12-17 09:36 PM
No luck yet
2011 Terminator, The - Blu-ray
sundevil
06-14 05:14 PM
The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
more...
ajju
08-29 11:27 PM
Par: Parolee
edaltsis
07-23 07:14 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
more...
little_willy
08-08 06:40 PM
I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.
Thanks
I meant IV tracker, I hope everyone here is aware of it and entered their details. This will help a lot with analysis. I encourage everyone to check IV tracker in addition to participating in this poll.
Thanks
I meant IV tracker, I hope everyone here is aware of it and entered their details. This will help a lot with analysis. I encourage everyone to check IV tracker in addition to participating in this poll.
2010 Terminator 2: Judgment Day
chintu25
03-26 11:37 AM
Not accepting votes now ???
more...
franklin
06-22 08:24 PM
Your choice - you can follow the instructions sent by UCSIS and hope for a smooth processing of I 485, or ignore the instructions and be sure to have delays
hair Terminator 2: Judgment Day
140jibjab
12-11 06:41 PM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that, But any way here is an attempt to answer ur question.
If you are a resident of any state in the US for 6 months, You can apply for divorce in the state you are leaving in.
The Divorce decree will have the clause saying "The divorce is obtained , the pantiff or the respondent will not be allowed to go to another court to challenge the divorce". -- So it will be Valid divorce from US perspective, and you can produce this document for all immigration purpose.
Indian Law accepts the Divorce Decree obtained in the USA.You can produce the divorce decree to take posession of properties/Lockers/Stocks/bank accounts as agreed in the Divorce settlement.
If you do not get a "mutual agreed upon"/Settlement Divorce. Then The other partner is eligible to apply/challenge the divorce in India.
Indian Law states as follows:
The Divorce can be challenged in the Indian court if the divorce is obtained
1. In another country with out the knowledge one of the parties.
2. In another country if one of the parties was threatened.
Take care and all the best.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that, But any way here is an attempt to answer ur question.
If you are a resident of any state in the US for 6 months, You can apply for divorce in the state you are leaving in.
The Divorce decree will have the clause saying "The divorce is obtained , the pantiff or the respondent will not be allowed to go to another court to challenge the divorce". -- So it will be Valid divorce from US perspective, and you can produce this document for all immigration purpose.
Indian Law accepts the Divorce Decree obtained in the USA.You can produce the divorce decree to take posession of properties/Lockers/Stocks/bank accounts as agreed in the Divorce settlement.
If you do not get a "mutual agreed upon"/Settlement Divorce. Then The other partner is eligible to apply/challenge the divorce in India.
Indian Law states as follows:
The Divorce can be challenged in the Indian court if the divorce is obtained
1. In another country with out the knowledge one of the parties.
2. In another country if one of the parties was threatened.
Take care and all the best.
more...
chanduv23
12-09 12:38 PM
Come on folks. So many people visit IV everyday. This time IV needs funds for lobbying. All you have to do is to contribute. So please
CONTRIBUTE CONTRIBUTE CONTRIBUTE
CONTRIBUTE CONTRIBUTE CONTRIBUTE
hot Terminator 2: Judgment Day
priderock
05-08 11:41 AM
Atleast home countries recognize our potential.
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
That is why it is called "Mother Land".
But in this story it looks like the locals are a little bit suspicious of returnees.
"Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(
more...
house Terminator 2 Judgment Day
kondur_007
09-08 03:44 PM
Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)
What a pain....
If I were you, I will definitely do infopass before sending anything. Local USCIS office is likely to be helpful in this case.
Good Luck.
What a pain....
If I were you, I will definitely do infopass before sending anything. Local USCIS office is likely to be helpful in this case.
Good Luck.
tattoo Terminator 2: Judgment Day
ramaonline
11-21 02:56 PM
Could you be a little specific?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
more...
pictures Terminator / Terminator 2: Judgment Day / Terminator 3: Rise of The Machines
DDLMODES
07-18 10:01 PM
Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
Thanks for clarifying milind70.
Abhijip - We all want to help here but please don't provide confusing info.
As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
Thanks for clarifying milind70.
Abhijip - We all want to help here but please don't provide confusing info.
As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.
dresses Terminator 2: Judgment Day
.jpg "Terminator 2: Judgment Day")
alien2006
07-11 07:54 AM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
more...
makeup Terminator 2: Judgment Day
arnet
10-26 11:48 AM
post this question to the attroney sonal mehta vema who gives legal advise in IV forum, check the following threads to know how to post a question:
http://immigrationvoice.org/forum/showthread.php?t=1267
it is better to check with attroney, if you need attroney, i can suggest few like rajivkhanna at immigration.com or sheila murthy at murthys.com or sonal mehta at nankin.com/mehtaverma.html.
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
http://immigrationvoice.org/forum/showthread.php?t=1267
it is better to check with attroney, if you need attroney, i can suggest few like rajivkhanna at immigration.com or sheila murthy at murthys.com or sonal mehta at nankin.com/mehtaverma.html.
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
girlfriend Terminator 2 Judgment Day
breddy2000
01-04 02:59 PM
Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
hairstyles Terminator 2: Judgment Day
GCanyMinute
08-23 08:34 AM
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
You guys were right!!! :)
I took a look at my I-140 and thank God yes the PD is over there!!
I guess i'll really get the GC Any minute :D !!!
Thanks a lot guys and good luck for you all.
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
You guys were right!!! :)
I took a look at my I-140 and thank God yes the PD is over there!!
I guess i'll really get the GC Any minute :D !!!
Thanks a lot guys and good luck for you all.
bluekayal
04-01 01:57 AM
Mitra Kalita is part of SAJA- South Asian Journalists Association.
willigetgc?
04-28 01:32 PM
I like your profile image ........ explains every back logged immigrant's situation!
read this:
Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)
So what this means is twofold: that immigration is both the most tantalizing and the most dangerous demographic political issue on the American horizon. There now are 45 million Hispanics in America, 10 million to 11 million of whom have no legal permission to be here. The Hispanic vote is rising in importance, but there is still 9 percent unemployment (12 percent among Latinos) and citizen-workers feel under siege
Both Reps and Dems want their votes, but don't have the guts to do it!
read this:
Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)
So what this means is twofold: that immigration is both the most tantalizing and the most dangerous demographic political issue on the American horizon. There now are 45 million Hispanics in America, 10 million to 11 million of whom have no legal permission to be here. The Hispanic vote is rising in importance, but there is still 9 percent unemployment (12 percent among Latinos) and citizen-workers feel under siege
Both Reps and Dems want their votes, but don't have the guts to do it!
