ita
08-13 08:08 PM
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.
Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?
Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.
Thank you.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.
Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?
Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.
Thank you.
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wandmaker
10-12 04:17 PM
you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.
In OPs case, one can maintain the status without getting paid - they just need to prove there is an employer-employee relationship exists. You are correct, if the employer simply dumped you on bench
In OPs case, one can maintain the status without getting paid - they just need to prove there is an employer-employee relationship exists. You are correct, if the employer simply dumped you on bench
drirshad
03-13 04:31 PM
03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
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desibob
06-21 01:08 PM
Ajay,
Any RFEs? Is so - can you give some details like what was it, when was it?
Bob
Any RFEs? Is so - can you give some details like what was it, when was it?
Bob
more...
dessoya
10-07 07:39 AM
i voted for coppertop ;)
props to all :love:
~:azn:
props to all :love:
~:azn:
nozerd
01-20 11:51 AM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
more...
DareYouFireMe
02-19 12:25 PM
It is hard to find Software engineers who do not qualify for EB2. I guess after couple of years EB2 would be as packed as EB3.
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a_yaja
06-26 03:31 PM
My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
more...
SNLive999
06-10 10:51 AM
Thanks Dhun Dhun....bumping it.....
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GlobalCitizen
08-22 08:36 AM
What number Would I call? 1-800-375-5283 is just messages
Could anybody please provide me with a number I can call and talk to a person? Thank you much.
Could anybody please provide me with a number I can call and talk to a person? Thank you much.
more...
karanp25
07-11 01:35 PM
yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.
Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)
I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.
Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.
Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)
I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.
Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.
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vishal
04-15 02:30 PM
hi all,
since it is taking so long for the namechecks to get cleared. what usually happens after we do FP. how is the process initiated.
any response is appreciated
since it is taking so long for the namechecks to get cleared. what usually happens after we do FP. how is the process initiated.
any response is appreciated
more...
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eastindia
05-21 01:05 PM
If this immigration backlog continues, more people will go to Canada and Australia. Is there any way to find such numbers. It will be America's loss
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danu2007
08-03 05:34 PM
My I-140 is approved.
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
more...
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rock945
09-30 05:42 PM
PERM started last year.. there are people who applied labour before that and still waiting.. i personally know two of my friends who applied for labour in april 2001 and still waiting for approval.
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alterego
03-20 07:32 PM
Online updates are sometimes late. There are cases of people getting their green cards last year in the visa bulletin fiasco with no online updates. You should not rely on that. Your friend needs to get your attorney to act on this ASAP and sort it out. After all if you don't know why it was rejected you have no chance to rectify it.
more...
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gmail
07-22 03:14 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
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samnay
07-18 03:33 PM
I have heard that there is a Fiancee visa - K visa or something. Do look into that if you would like to bring in your would-be here before your marriage. To your original question, your strategy sounds cool to me. Marriage etc. are important decisions, that affect you life-long, much more important than stupid GC, work visa etc. I would recommend, follow your strategy, file your I-140 as soon as you can and then wait to get married before you file your 485. Since you are from a non-retrogressed country and EB2, you should not have to worry about backlogs etc. Good Luck.
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shishya
04-30 12:59 PM
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
Junky
09-22 03:20 PM
Just gave you green
44 Red dots for requesting people to call :mad:
44 Red dots for requesting people to call :mad:
hate_me
03-17 01:39 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
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