Green.Tech
08-05 05:02 PM
Guys n Girls,
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
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Rakson
02-28 10:25 PM
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
zCool
04-01 02:27 PM
Yes, at the time of adjudication, you will need employment varification letter that shows Permenent Full time job with same or similar duties and reasonable wage difference.
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gcisadawg
04-05 08:50 PM
I found this in another website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
This is talking about I-140 and not I-485.....
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
This is talking about I-140 and not I-485.....
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
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kumargn
11-24 05:23 PM
you can use any of the consulates in india.
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
chanduv23
06-29 08:08 PM
Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
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camberiu
06-13 12:51 PM
Hello everyone,
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
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morpheus
04-02 09:44 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
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gconmymind
08-05 05:58 PM
I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
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JunRN
09-17 10:10 AM
Once this bill passed the Committee, there are more work to do. We need to call again so that it will be put to vote at the Full House level and then, at the Senate.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
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humdesi
12-07 10:37 PM
I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
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chanduv23
06-08 06:37 AM
No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
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ArunAntonio
02-20 06:13 PM
guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.
Jonty,
I disagree, Number crunching if it can give the members an idea of how long it will take to get the GC will motivate them beyond any thing else. If ppl can see the unreasonable amount of time we have to wait before any thing can happen will make force them to take some action. So if any one can make sense of the numbers and if it is reliable please post it for the benifit of others.
Jonty,
I disagree, Number crunching if it can give the members an idea of how long it will take to get the GC will motivate them beyond any thing else. If ppl can see the unreasonable amount of time we have to wait before any thing can happen will make force them to take some action. So if any one can make sense of the numbers and if it is reliable please post it for the benifit of others.
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JeffDG
01-19 08:05 PM
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
If they did, they could just invest and qualify for EB5!:)
If they did, they could just invest and qualify for EB5!:)
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zCool
04-15 03:08 PM
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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a1b2c3
02-11 11:48 PM
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
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needhelp!
08-31 12:38 AM
Just like there can be no rally without IV members,
There can be no (hypothetical) country without IV members
There can be no (hypothetical) country without IV members
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laborpains
03-17 10:03 PM
First check with the school if they will allow you to attend on EAD. I'll like to know what you finally decide. I was in a similar situation 3 yrs back and decided to go part-time instead. Finished the program and my gc is still pending :(
Hope things work out well for you.
Hope things work out well for you.
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jonty_11
01-16 03:05 PM
FYI for others -
http://www.cic.gc.ca/english/skilled/qual-3-1.html#IELT
http://www.cic.gc.ca/english/skilled/qual-3-1.html#IELT
hmehta
12-14 01:16 PM
Best course of action would be to go to your Home Country during that period....visa stamping is not a big deal at all.....njoy your vacation...for you might not get this much off/free time in the foreseeable future!!!!
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
gparr
November 25th, 2005, 04:38 PM
My primary tip is patience. When the wind is blowing, even slightly, if you're patient you will start to get in tune with the wind and be able to pick out the calm moments that always occur. You just have to be ready and then get off as many shots as possible during that calm moment. I shoot as many of my flower shots as I can very early or very late in the day. By very early, I mean at or just after sunrise. The wind is usually calm for a short while until the sun starts to heat the admosphere. I've had considerable success shooting in the very soft light at or after sunset, when the wind also calms. Long shutter speeds though. Unfortunately, too many blooms aren't open until the sun is higher in the sky and you have to resort to patience.
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks in bundles for just a couple of dollars at your local nursery. Get the longer ones. I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem. This cuts down considerably on the movement. Don't know where Don learned the trick, but it works.
Some use a tool called a Plamp. See it here (http://www.naturephotographers.net/gs/gswimplamp.html) I've never used one, though have been tempted. The fear I have is that any clamping device will damage the plant. I shoot a lot in the gardens of several neighbors and at the Chicago Botanic Garden and make it a point to never leave any trace of my having been there. In other words, no footprints in the flower beds, no damaged plants, nothing. Don's trick works so well because it steadies the plant without causing any damage. It doesn't always work, but it does so often enough that it's worth hauling the sticks around.
I've also read several threads on other sites where people describe using "tents" to both diffuse the light and to stop the wind. I don't have any links for solid techniques, but will try to find some. It's tempting, though yet another piece of gear to carry.
These days I make heavy use of my 5-in-1 disk for diffusion and reflection. I have the 22-in. Photoflex Multidisc (http://www.bhphotovideo.com/bnh/controller/home?O=breadCrumb&A=search&Q=&ci=6196), which I like a lot. It's excellent for a lot of light control purposes and sometimes serves as a good wind block. There are cheaper ones, but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it.
When all else fails, I resort to flash to get the shot. I greatly dislike using flash and only use it when I want a shot and know that it's get it now or never. If I can come back and get the shot at a calmer time without flash, I will. I do use flash on occasion if I feel that the shot needs a little spark of light, but generally not. Flash is always used on a remote cord and diffused in some way, either with the wide-angle diffuser that's built into it, or by shooting through or bouncing it off of my multidisc.
As for shooting technique, a tripod is a must. I have two, but the one I use for flower shots allows me to splay the legs out and get the camera very low and/or allows me to reverse the column (I bought a short column to replace the one that came with the tripod) and hang the camera upside down. I use a ball head with a quick release. I also almost always use a remote release and frequently use mirror lock up. It's amazing how many images I've ruined because I moved the camera by pushing the shutter button or vibration from the mirror cause the slightest blur.
But above all, getting flower shots just requires a lot of patience. Hope all of this rambling helps.
Gary
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks in bundles for just a couple of dollars at your local nursery. Get the longer ones. I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem. This cuts down considerably on the movement. Don't know where Don learned the trick, but it works.
Some use a tool called a Plamp. See it here (http://www.naturephotographers.net/gs/gswimplamp.html) I've never used one, though have been tempted. The fear I have is that any clamping device will damage the plant. I shoot a lot in the gardens of several neighbors and at the Chicago Botanic Garden and make it a point to never leave any trace of my having been there. In other words, no footprints in the flower beds, no damaged plants, nothing. Don's trick works so well because it steadies the plant without causing any damage. It doesn't always work, but it does so often enough that it's worth hauling the sticks around.
I've also read several threads on other sites where people describe using "tents" to both diffuse the light and to stop the wind. I don't have any links for solid techniques, but will try to find some. It's tempting, though yet another piece of gear to carry.
These days I make heavy use of my 5-in-1 disk for diffusion and reflection. I have the 22-in. Photoflex Multidisc (http://www.bhphotovideo.com/bnh/controller/home?O=breadCrumb&A=search&Q=&ci=6196), which I like a lot. It's excellent for a lot of light control purposes and sometimes serves as a good wind block. There are cheaper ones, but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it.
When all else fails, I resort to flash to get the shot. I greatly dislike using flash and only use it when I want a shot and know that it's get it now or never. If I can come back and get the shot at a calmer time without flash, I will. I do use flash on occasion if I feel that the shot needs a little spark of light, but generally not. Flash is always used on a remote cord and diffused in some way, either with the wide-angle diffuser that's built into it, or by shooting through or bouncing it off of my multidisc.
As for shooting technique, a tripod is a must. I have two, but the one I use for flower shots allows me to splay the legs out and get the camera very low and/or allows me to reverse the column (I bought a short column to replace the one that came with the tripod) and hang the camera upside down. I use a ball head with a quick release. I also almost always use a remote release and frequently use mirror lock up. It's amazing how many images I've ruined because I moved the camera by pushing the shutter button or vibration from the mirror cause the slightest blur.
But above all, getting flower shots just requires a lot of patience. Hope all of this rambling helps.
Gary
