apoojo
06-21 10:58 AM
I am not a lawyer but was involved in something similar.
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
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bhagat69
04-23 12:24 PM
My employer is refusing to give me EB3 I-140 copy so I am stuck. Can I not port from EB3 with old employer to EB2 with new employer without copy of EB3 I-140 COPY.. It is a huge firm and they say it's against company policy to give me even a photocopy of the document, please advise.
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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Jerrome
02-03 03:53 PM
Visa usage Statistics
Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)
Visa bulletin and their number control operational manual
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
DHS year book
DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)
485 pending number
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf
NVC demand
http://www.travel.state.gov/pdf/WaitingListItem.pdf
Precessing volume and trend
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
Monthly cutoff memo
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I am missing a 2009 EB number used by country, I saw it some where but couldn't find it
Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)
Visa bulletin and their number control operational manual
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
DHS year book
DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)
485 pending number
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf
NVC demand
http://www.travel.state.gov/pdf/WaitingListItem.pdf
Precessing volume and trend
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
Monthly cutoff memo
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I am missing a 2009 EB number used by country, I saw it some where but couldn't find it
more...
speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
indyanguy
01-04 10:04 AM
It might be helpful to gather numbers on how many of the July/Aug filers have invoked AC21 (with or without letting USCIS know)
more...
austingc
04-30 03:05 PM
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
thank you wandmaker.
thank you wandmaker.
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pbuckeye
08-24 07:36 AM
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
more...
rockstart
01-18 08:19 AM
I have my I 140 approved in 2006 and it has priority date. Filed my I 485 in August 2007. The priority date in the receipt is blank, guess looks to be normal.
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alterego
10-15 10:39 PM
I would wait it out if I were you. Why the risk at this stage?
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
more...
JazzByTheBay
08-01 08:48 PM
You can call USCIS if you don't hear from them within 90 days of filing EAD. Many of you probably know this already, but I thought that was interesting... and may benefit those who didn't know this already.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
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keaby
03-23 07:03 PM
I have entered through JFK a week back. The officer was cordial..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
more...
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theshiningsun
06-15 09:38 PM
hi attorneys,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
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imh1b
10-15 12:09 PM
Why is Tata giving such huge donations to schools in US that are already established?
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
Good question.
I am busy in meetings today and this weekend. But I will have some time on Monday. Please remind me on Monday to ask him your question. Thank you. :D
I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.
Good question.
I am busy in meetings today and this weekend. But I will have some time on Monday. Please remind me on Monday to ask him your question. Thank you. :D
more...
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jonty_11
12-05 02:32 PM
Yes, you have to have expereince as of PD. As for the Risk - its all yours to take.
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GCisLottery
06-19 01:53 PM
Warning: Personal opinion.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
more...
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ras
01-31 07:27 PM
I am no expert but based on my understanding on this.
1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.
2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.
3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))
I am not sure there could be other ways, but these are some of the obvious ones.
1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.
2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.
3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))
I am not sure there could be other ways, but these are some of the obvious ones.
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tnite
10-12 02:29 PM
I got EAD with "finger print not available" on card. Strangely ,Online status doesn't has any information it still displays that NSA received my EAD application and they are processing.It seems they are sending EADs but they are too busy to update their system.
I got my EAD card even before I went for FP.It doesnt matter.
I got my EAD card even before I went for FP.It doesnt matter.
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ajju
09-07 12:29 PM
JazzByTheBay,
good ones... I repped you for this effort...
good ones... I repped you for this effort...
Cherrymn
02-18 10:12 AM
Surprisingly, they do not charge for this service. Since I would be applying for renewal of my pp and not for a new pp, they do not charge anything. The only problem is remembering and sending it to them for renewal which is also time consuming.
smartboy75
08-25 05:33 PM
thanks for the new sequence.
I tried what u suggested but after entering the sequence number I tried pressing 3 midway but USCIS said invalid selection and said the call is being terminated.
Boy they look really pissed.
So much for customer service.
I tried what u suggested but after entering the sequence number I tried pressing 3 midway but USCIS said invalid selection and said the call is being terminated.
Boy they look really pissed.
So much for customer service.
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