bradley emmanuel

I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.

And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.

I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.

Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!

I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!

So I've two issues now to take care of.

- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?

PLEASE HELP.

The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008

Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.

Hello All,

I was reading at some of the posts in this forum and they seem to have been quiet helpful.

My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.

I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

Please Advice.

Thanks,
Shakti

The below are the links from 3 different state Govt Admission Requirements for engineering which clearly mention about

Lateral Entry guys do little research ...you can fine such documents for all states in India
Google it and you will find such documents for every university .....


http://techeduhry.nic.in/brochures-0...hure-BE-09.pdf

http://www.vyapam.nic.in/Rulebooks/R..._RULE_BOOK.pdf

http://www.annauniv.edu/academic/be_...1_20.01.05.pdf

http://vtu.ac.in/regulation/05.B.E.-B.Tech.pdf

Thanks
Mail me your contact no.

can someone please throw some light if any idea

Lynne,

I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

DPP

Hello : Pls. include me too. I am from Indypls.. (from Fishers)
Thanks
RPH

Congratulations !!!

We are expecting, so I do not think it is possible to change insurance. We still tried and got rejected. So that we will leave us with COBRA in case my wife chooses to quit or something happens to her job. And does H4 visa affect COBRA coverage? If you can answer this question that will be very helpful.

She should be eligible for COBRA ... no issues.

And I guess she is also eligible for the discount/economic stimulus on COBRA. I did not see anything that suggest one must be a Citizen/LPR for that discount

I am not sure which location you went to. I went to the infopass in Newark, NJ and I was able to get status on name check. They could not give any other information, but they were able to tell me that my name check was complete.

As mentioned in an earlier post, you can always leverage your Congressman.

Thanks
Varsha

The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.

i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

thanks

but what is notice of forward...in labor certification..the phone number is
written on the labor document..

PD 2001 Oct
TR..was about to convert it to RIR,,,but they started the process already..




DB

In this land where honey and milk flows, i always have that anxiety of loosing ( by virtue of lay off ) 'affordable' health care coverage and i haven't fully read what all fine-print stuff BlueCross Prudent Buyer plan have. And i do have a chronic condition. Currently the monthly premium is around $500 for the 3 member family.

Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
designated as non-profit and the H1B's are mostly within the cap.

No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.

True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.

EB2 will stay the same as April 08 VB.

]']I only own a Tamron 28-200 XR at the moment :), mounted in my 300D :) . But maybe is possible to create big bubbles using bath gel... I should try :D .
Definitely has the potential for a clean shot! :p

(Ugghh, bad joke)

How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?

I just got lucky..it was the second time I called on the same day. First time I jiust got one more SR (4th one). the next time I called about 2hrs later I asked her the status of my 2nd SR and told her the whole saga of how long I have been waiting and about my PD becoming current blah blah....

I have told the same sob story many times but this lady seemed to go the extra mile and put in an "expedite" request. She herself volunteered for that and told me that I would hear back in 5 days which I did. I opened the SR last Friday and I had this letter in my mail today.

Just keeping fingers crossed and hoping the notice comes thru.

I will keep you guys posted on what happens.

1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).

My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.

Well atleast we arent alone I guess