pvganesh
10-23 09:47 PM
Hi,
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
wallpaper DOCTOR WHO WALLPAPER TARDIS
ivgclive
06-05 08:39 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
nat23
07-08 03:44 PM
Congressman foolish enough to say stuff like that could be Tom Tancredo.
My bad it was Tom Tancredo.
My bad it was Tom Tancredo.
2011 the TARDIS Wallpaper Image
BharatPremi
10-19 10:43 PM
Based on my final travel plan in November (Yet not finalized), I will vote or not vote by November 9th.
more...
abchi
09-22 04:35 PM
EB2- July 2004, I140-I485 applied in August 2007, recently laid off.
The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.
What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?
Thanks for the help.
The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.
What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?
Thanks for the help.
Suva
01-10 12:05 PM
Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
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dealsnet
02-24 09:03 AM
If the work for the same employer is fine. The EIN in the W2 and 1099 should match.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
2010 Back To The Tardis - Part 2 by
maru
09-13 02:06 PM
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.
thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.
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delhirocks
03-30 04:00 PM
Double check with Halifax, as far as I remember Halifax does not entertain 3rd country nationals. I went through this when I was in Boston. Based on my research at that time (2003), I conculded the only options I have available are Montreal & Toronto (I went to Montreal).
Things might have changed since then.
Things might have changed since then.
hair Doctor+Rose Wallpaper point.2
hindu_king
03-09 12:39 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
more...
das0
06-22 09:30 AM
[QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
hot The worst TARDIS drawing in
gcwait2007
10-11 07:22 PM
Any attorney involvement is there during the porting request ?
No Attorney involvement. Letter to USCIS was drafted by our company paralegal (who is my friend), I signed and sent the letter with enclosures (copy of my I-140 approvals and pending I-485 application receipt notice)
No Attorney involvement. Letter to USCIS was drafted by our company paralegal (who is my friend), I signed and sent the letter with enclosures (copy of my I-140 approvals and pending I-485 application receipt notice)
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house Tardis Screen Wallpaper
thepaew
02-10 10:35 AM
Sent you a PM with my email address. Thx
Please PM me and I can give out the details.
THX
Please PM me and I can give out the details.
THX
tattoo Tardis+interior+wallpaper
voldemar
02-13 03:40 PM
I am seriously thing 2-3-4-5 years!You are so optimistic ;)
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pictures Doctor Who wallpaper
kondur_007
08-19 10:51 AM
While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
What I don't understand is what is the importance of this news?
It seems like a US person (he may even been born in US) committed a crime; and got punished. What he did is shameful. But how does it matter if he was of Indian origin or Somalian origin!! (by the way, there is no mention in the news about "indian origin"; he was just a US person and that's all he still is.) That's the beauty of this country, no descrimination.
If you still eventually want to be identified in news as "of indian origin" rather than US person, you are in a wrong country. This is a melting pot where you will be accepted as "one of them", but you also must have of spirit of "becoming one of them". And yes, you are proudly allowed and you should carry your own heritage with you, just make it a part of the whole society.
Hope you understand.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
What I don't understand is what is the importance of this news?
It seems like a US person (he may even been born in US) committed a crime; and got punished. What he did is shameful. But how does it matter if he was of Indian origin or Somalian origin!! (by the way, there is no mention in the news about "indian origin"; he was just a US person and that's all he still is.) That's the beauty of this country, no descrimination.
If you still eventually want to be identified in news as "of indian origin" rather than US person, you are in a wrong country. This is a melting pot where you will be accepted as "one of them", but you also must have of spirit of "becoming one of them". And yes, you are proudly allowed and you should carry your own heritage with you, just make it a part of the whole society.
Hope you understand.
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eilsoe
10-02 03:34 PM
hey, how do i add to the wallpaper section? I just got redirected to the forum... :-\
Oh, and btw, got a new pic here: www.avalon-rev.dk/soldat.jpg
Not as advanced as the previous, but still nice.. :)
i make rain now... HA!
Oh, and btw, got a new pic here: www.avalon-rev.dk/soldat.jpg
Not as advanced as the previous, but still nice.. :)
i make rain now... HA!
more...
makeup TARDIS
nixstor
04-08 10:18 AM
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
girlfriend his TARDIS doesn#39;t know,
sanjeev_2004
07-20 10:54 PM
Today my attorney filed my 485 with e-reciept of 140. My employer told that they didnt recieved reciept notice by mail so My attorney used 140 e-reciept for 485 filing.
hairstyles TARDIS DESKTOP WALLPAPER
alterego
10-20 01:07 PM
If they were honest, they would publish processing dates by country of chargability, since it is apparent to me that they are giving preference to EB2 ROW cases.
chanduv23
07-27 04:04 PM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.
Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.
Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.
People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.
Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.
Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.
People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.
gc_on_demand
10-22 01:04 PM
I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.
Reasons ::
(1) Most of Desi companies filed under Eb2. Those are EB3 are mostly from american companies. And even if they qualified for Eb2 , companies filed for Eb3. So its any one 's guess that these companies will file new Eb2.
(2) Process takes 12- 18 months even if companies are ready
(3) Eb2 has tough criteria and lots of scrutiny.
(4) Desi companies are scared to file for new Eb2 when their H1bs are under review too.
Reasons ::
(1) Most of Desi companies filed under Eb2. Those are EB3 are mostly from american companies. And even if they qualified for Eb2 , companies filed for Eb3. So its any one 's guess that these companies will file new Eb2.
(2) Process takes 12- 18 months even if companies are ready
(3) Eb2 has tough criteria and lots of scrutiny.
(4) Desi companies are scared to file for new Eb2 when their H1bs are under review too.
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