nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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somegchuh
10-27 11:36 AM
My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.
kawosa
08-19 01:11 PM
I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.
and again... congrats for passing today...
go party and hope you have a great time :)
and again... congrats for passing today...
go party and hope you have a great time :)
2011 these Alabama Crimson Tide
Munna Bhai
05-08 02:07 PM
One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
more...
chanduv23
07-11 03:06 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
new_horizon
05-26 08:45 PM
I had an error message in the past few days. But when I tried it today, and I was able to schedule an appointment. There are dates available from June 1-12 (week days).
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rkat
08-16 04:39 PM
Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Thanks..!
Thanks..!
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pcs
07-30 04:11 PM
I like many others got a PERM labor & got 140 based on PERM labor.
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
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WaitingForMyGC
02-28 03:45 PM
Guys, I have recurring contribution setup thru my bank account but since last 2-3 months my payments are being returned from IV. Any idea, what could be the issue?
I am sending my contributions to below address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Let me know.
I am sending my contributions to below address
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Let me know.
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kanakabyraju
08-18 01:46 PM
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.
Good luck with the rest.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.
Good luck with the rest.
more...
kevinkris
07-29 10:34 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
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Azgc005
07-19 09:04 PM
Provided your future employer is willing to transfer H1-B
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gapala
07-06 05:54 PM
Did you mean to say new H1B from a different sponsor? If it is the same sponsor and new H1B, what difference would that make? Since they have not provided any reason, MTR is the best option and this could be a genuine mistake from CIS.
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bushman06
08-20 06:43 PM
I have travelled on an about to expire passport. It US immigration officer was nice and asked to promise him that I would renew my passport as soon as I got home.
more...
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wa_Saiprasad
07-11 03:44 PM
This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
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bsnf
07-12 02:30 PM
I called my lawyer yesterday and he told me that he did not get a single case send back.
He filed 300 applications.
He filed 300 applications.
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jcrajput
09-28 01:22 PM
NO. I did not receive any thing back yet.
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gc28262
09-10 02:58 PM
I had a similar issue when I applied for AP from TSC.
Online status said approved, but never received it for a couple of months.
You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.
Please follow the following threads:
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/23097-ap-approval-notice-sent-ap-not-received.html
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24267-ap-lost-in-mail.html
Online status said approved, but never received it for a couple of months.
You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.
Please follow the following threads:
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/23097-ap-approval-notice-sent-ap-not-received.html
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24267-ap-lost-in-mail.html
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senk1s
05-08 01:40 AM
In our case (also Jul 2007) the Dr gave sealed envelopes ... and we gave it to our attorney.
What did yor attorney say about this RFE?
What did yor attorney say about this RFE?
gopi246
03-20 02:43 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.
sugaur
12-23 12:17 AM
I dont recommend going into Juarez. Even Mexicans are fleeing and there are reports of shooting and murder at the border frequently.
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