manderson
11-01 04:01 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
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letsgetit
05-23 09:04 AM
Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
Thanks IV for the job you are doing...It is indeed commendable.
Thanks IV for the job you are doing...It is indeed commendable.
mnq1979
09-11 11:35 AM
YA UR...IT REALLY SHOWS that ur PISSED...BUT WAT CAN WE DO...ITS NOT EVEN IN OUR HANDS....SO LETS GO TO RALLY AND C IF SOME THING COMES OUT !!!!
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georchen
09-12 03:10 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
more...
samrat_bhargava_vihari
06-11 05:31 PM
Yes, All of my checks got cashed today and i got all the reciepts in mail. ND is 06/01 and RD is 06/06 from Nebraska.
They sent you receipt before cashing the checks?
They sent you receipt before cashing the checks?
PDOCT05
08-28 10:49 AM
I sent my 485 to NSC on JUL 3rd, my 140 approved NSC, no receipts from
TSC yet. Does any body got receipts who applied on JUL 3rd...?
If your 140 Approved from NSC then you should get receipts from NSC. Not from TSC.
TSC yet. Does any body got receipts who applied on JUL 3rd...?
If your 140 Approved from NSC then you should get receipts from NSC. Not from TSC.
more...
nandakumar
11-19 03:27 PM
Sent..
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raj2007
04-23 10:09 PM
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
more...
anzerraja
07-20 02:57 AM
Dear Members
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
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bkarnik
05-02 09:03 PM
If the CIR seems likely to pass, I believe Sen. Cornyn will push for this bill to be added to the CIR as an amendment, much similar to what Sen. Durbin did with the DREAM bill. Amongst the bills I have seen, this bill is the best one so far. Agreed it does not address all that we want....but compared to where we are, this bill will achieve a lot for us. Especially, if the AOS clause passes, it pretty much means that you can file I-485 i.e. it means that you and your dependents become eligible for EAD and all the benefits associated with it. :)
more...
drona
07-06 03:32 PM
Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.
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nogreen4decade
08-31 03:41 PM
I really like this idea.... Actually if north Indians didn't rule Central government in India for such a long time (before PV Narasimha Rao), south Indians would be better off in India itself !!! Then north Indians would be citizens of USA in no time, and South Indians (in India) would have been happy about it!!!
Either way, get well soon!
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
Either way, get well soon!
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
more...
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krishnam70
07-10 12:12 AM
The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!
http://blogs.ilw.com/gregsiskind/
Emilio has made a statement that the flowers will be forwarded to Walter Reed hospital
http://blogs.ilw.com/gregsiskind/
Emilio has made a statement that the flowers will be forwarded to Walter Reed hospital
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sina
08-27 09:40 AM
Congrats ajaykk! I hope mine will also come in few days. That is the hope.
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desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
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GCNaseeb
08-29 01:03 PM
If receipting update as of 8/24 is correct, they should be doing late July now.
Wondering why there are not any updates on this thread. :confused:
Wondering why there are not any updates on this thread. :confused:
more...
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kg318
04-22 09:44 PM
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
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amitjoey
11-17 03:47 PM
Some of us have established contacts with our local congressional office staff and built a rapport. Should we send those contacts an email with this text?
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07-02 08:49 AM
mine at local fedex facility at 8.05am at nebraska
pyrosleepy
10-30 09:27 AM
Why not we all hope for the best and expect the worse
vina92
12-10 09:38 PM
I am a physician working in underserved areas in MN. I am greatly appreciated
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
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