amirani
03-03 05:27 PM
Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
conchshell
07-12 10:37 PM
Please access http://www.immigration-law.com/Canada.html to read the details.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
sailing_through
02-18 12:12 PM
My Indian employer offered me to coninue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..
gccovet
06-29 02:45 AM
For folks who are past the 180 day period:-
When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.
GCCovet
When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.
GCCovet
more...
anand2007
07-18 08:34 PM
if your wife has chosen Consular processing when filing I-140, it is possible to go ahead with concurrent applications
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
jonty_11
07-05 04:44 PM
Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
Man....I dont mean to be rude...but these are times of trial and frustration....
Man....I dont mean to be rude...but these are times of trial and frustration....
more...
sbabunle
03-26 03:20 PM
Right on!!
I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!
I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!
gvenkat
11-30 02:44 PM
Hi
I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.
I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.
I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.
Stupidity has no boundaries! :mad:
Any advice or comments will be appreciated! Thanks.
I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...
Way to go USA... :mad:
as you said Stupidity has no boundaries! :mad:
I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.
I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.
I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.
Stupidity has no boundaries! :mad:
Any advice or comments will be appreciated! Thanks.
I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...
Way to go USA... :mad:
as you said Stupidity has no boundaries! :mad:
more...
abhi2001
02-24 02:54 PM
Thanks Jerrome for the quick reply.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
more...
brij523
02-21 05:06 PM
Sorry for the confusion.
sertasheep
04-11 04:38 PM
Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering
Ragz,
I'm working with the WA state moderator(Raj). I'd be glad to help you in anyway I can. you will have my contact details in my profile.
Regards
Ragz,
I'm working with the WA state moderator(Raj). I'd be glad to help you in anyway I can. you will have my contact details in my profile.
Regards
more...
summitpointe
02-20 11:53 AM
How can you use I-140 from Company A and 485 from Company B. I think you can't do it.
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
yogirajd
11-09 09:22 PM
I appreciate and very thankful to you all for affording your valuable time in replying with suggestions to my queries.
more...
student79
03-27 11:00 AM
Thanks so much bajjuri77.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
GoneSouth
08-20 07:32 PM
If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/
more...
mudigondag
01-25 10:55 AM
Thanks for providing the information. It helps a lot.
wandmaker
10-22 10:04 PM
Guys,
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
gcjourney04
09-04 04:53 PM
hi
all, we received our approval notice email on sep 1 for me and my wife.no cpo or welcoming email yet.
all, we received our approval notice email on sep 1 for me and my wife.no cpo or welcoming email yet.
MDix
09-13 10:10 AM
What are the chances of piecemeal bill in this congress ( next two week)?
reddy77
08-10 06:16 AM
Good to know and thanks for the update and hope your parents are doing well ...
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