transpass
08-07 07:30 PM
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
I second grupak...
Its very very important to discuss this with your future wife. If your marriage starts with telling a lie, IMO, its not a good sign. Whether its good or bad, just talk to her and discuss the best available option. If she is really understanding and supportive of the decision you both make, then you have already started your marriage life with flying colors...:)
And BTW, if you are considering reentry permit (to be out of US for more than allowed time on PR) NEVER APPLY REENTRY PERMIT WHILE YOU ARE OUTSIDE THE U.S. IT'S GONNA BE DENIED AND THE APPEAL WILL ALSO BE DENIED...And you will be stuck outside U.S. with a PR...
I second grupak...
Its very very important to discuss this with your future wife. If your marriage starts with telling a lie, IMO, its not a good sign. Whether its good or bad, just talk to her and discuss the best available option. If she is really understanding and supportive of the decision you both make, then you have already started your marriage life with flying colors...:)
And BTW, if you are considering reentry permit (to be out of US for more than allowed time on PR) NEVER APPLY REENTRY PERMIT WHILE YOU ARE OUTSIDE THE U.S. IT'S GONNA BE DENIED AND THE APPEAL WILL ALSO BE DENIED...And you will be stuck outside U.S. with a PR...
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Drifter
04-01 07:10 PM
Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS).
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
rajeshalex
08-17 11:01 AM
Where is it mentioned that LC sub has been rejected ? I looked at the link and
I couldnt find any thing.
Rajesh
I couldnt find any thing.
Rajesh
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sanjay
10-21 02:28 PM
People are free to post their opinions and so are free to give red dots, but what's annoying is the comments they post with red dots. I got these some time back.
what about ur future wives?
Khali pili kaiko bolta hai !!!
sham ko daru pine ka aur tight rehne ka....
Tension mat le bapu etc etc.
List goes on.
My friend was also forum member and he got some nasty comments with F*** words in it and now he tries to keep himself away from this forum as much as possible.
what about ur future wives?
Khali pili kaiko bolta hai !!!
sham ko daru pine ka aur tight rehne ka....
Tension mat le bapu etc etc.
List goes on.
My friend was also forum member and he got some nasty comments with F*** words in it and now he tries to keep himself away from this forum as much as possible.
more...
conchshell
07-25 12:53 PM
Because you are a man and you are from Mars. Men are that way .. they always live in future and somehow completely forget that its the present that they need to live fully and enjoy to the maximum extent. Women live more in present and that's why you will see very few of them stressing themselves out on these forums.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
h1techSlave
11-30 01:15 PM
Mallu, I think the opposite would be the case.
Right now the PD is kept at an artificially low range, since neither the USCIS nor the DOS has a clue about how many GCs they are processing. So for the last several years, they were ultimately issuing only around 80,000 GCs even though the quota is 140,000 + 80,000 (from family quota). A wastage of around 140,000 visas per year.
If USCIS can approve a GC after waiting for 120 days (with our with out a response from the FBI), then the GC approval would become much more predictable. Then the PD cut off will be much more realistic, resulting in a much lower wastage of visa numbers.
The end result, the PD would move upward quickly.
If this turns out true, that will be great !!!
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
Right now the PD is kept at an artificially low range, since neither the USCIS nor the DOS has a clue about how many GCs they are processing. So for the last several years, they were ultimately issuing only around 80,000 GCs even though the quota is 140,000 + 80,000 (from family quota). A wastage of around 140,000 visas per year.
If USCIS can approve a GC after waiting for 120 days (with our with out a response from the FBI), then the GC approval would become much more predictable. Then the PD cut off will be much more realistic, resulting in a much lower wastage of visa numbers.
The end result, the PD would move upward quickly.
If this turns out true, that will be great !!!
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
more...
smisachu
08-08 12:44 PM
I am not sure you have to stick around for 6months or even 1 month. It is not specified anywhere. If the employer does not inform USCIS you are pretty much off the hook. Since we have GC now we dont have to tell USCIS or any one what we do. We can switch jobs/career paths and if the employer dosen't inform USCIS how will they know?
As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.
After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..
As far as people who used AC21, you are not with the original employer anyway so how does it matter if you switch jobs.
After being stuk on the career front for 10 years I am not waiting around anymore. I am going out and working on my career now that I finally have the freedom to do so..
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Munna Bhai
08-31 05:04 PM
There are rumors that we will be around 5000 at the rally. Let's prove them wrong and bring at least 10,000 of our members. I am willing to share more funds for people who so far are not planning to attend, and to advertise and promote the rally as much as possible. Guys, we still have nearly 3 weeks, we can get to 10,000 and beyond! Let's work hard now to accomplish that! Please post your ideas here to make it more than 10,000. Just like telethons have a target donationn amount to be raised, we should have a minimum attendance target for the rally to achieve! We have a HUGE opportunity to make our voices heard here, let's sacrifice and MAKE IT HAPPEN GUYS!!!! We will Win!!!!!
why can't we count now?? just approx. is also fine, can we have some sort of poll??
why can't we count now?? just approx. is also fine, can we have some sort of poll??
more...
go_guy123
11-01 10:17 AM
It is dark age for immigrants in America. They are just inventing ways to harass people. There shouldn't be a reason to issue EAD or AP in time. They have increased the fees several folds in recent years. They want us to run pillar to post for everything, be it work permit, travel document, driver's license...Just discouraging aliens to live in this country.
You are dot on....it is the process of attrition....harass them enough that they self deport or leave...
You are dot on....it is the process of attrition....harass them enough that they self deport or leave...
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srini1976
07-28 01:29 PM
Ignore it. Even I had the same problem. Goahead and certify.
more...
drak70
04-13 05:19 PM
I think you should write a Complaint letter to State Bar against attorney and second to the USCIS office which laisons with immigration attorneys
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
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eilsoe
02-07 08:39 AM
this voting went pfft....
nothing for 2 days...!
nothing for 2 days...!
more...
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bidhanc
03-21 12:19 PM
Pl respond
Hi,
I am from Upstate NY.
Bidhan
Hi,
I am from Upstate NY.
Bidhan
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sroyc
10-11 08:03 PM
A PhD does not automatically qualify you for EB1. There are a lot of other requirements. Unless you are in a research or teaching job, it's hard for PhD's to qualify for EB1. Besides, there's the small matter of getting an H-1B or O-1.
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
more...
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chanduv23
07-06 03:54 PM
New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends
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vasireddyanil
02-19 09:42 PM
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
more...
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chanduv23
10-31 09:47 AM
Folks, don't beat ur head on this.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
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dummgelauft
12-23 11:54 AM
Try getting info from any other consulate...you will feel the same.... I used to feel the same until I dealt with UK / French /Italian consulates for tourist visa....it was as horrible...
I dealt with the UK consulate and the CGI India at Chicago. Now, agreed this was many years ago, when I used to have a desi passport.
There was an awesome Asst. Consular Officer (i forget the exact designation), but her name was Deepa Jain. I submitted my desi passpost for renewal at CGI Chicago, using the procedure described on their then brand new website. Waited 4 weeks, nothing. This was in 1999, so I decided to call the conculate, totally expecting nobody to pickup the phone, but to my surprise, somebody picked up!!. I gave them the details of my application and old passport and the lady who answered the phone said "we will call you back".
Now, knowing what that means, I began to prepare myslef for weeks and possibly months of frustration..BUT...lo and behold, two days after my call to them, Ms. Deepa Jain called back ON MY cellphone to tell me "your passport was renewed and I wil lmake sure it gets sent out today itself!!". To tel you the truth, I was totally blown away, and if Ms Jain is still around in any of the consulates, hats off to you...but I digress..
Now comes the part with the UK consulate, again, in Chicago.
I wanted to visit UK and applied for a visitors visa providing them will all the things that they need. Their requirements are very stringent and they want a ton of information too.
The delightful englishwoman at the counter in UK consulate started to ask me all sorts of questions while leafing thru my documents. When she saw a copyof my Canadian PR card in there, she stopped and asked me to show her the original card, which I did. Once she saw it, that was it. Her next statement was "You may pick up your passport in the afternoon".
So, two things, it is the desi sarkari babus who mess it up for us, in the consulates and it is the poor image "enjoyed" by our desi passports (which used to be hand written" up until a few years ago) that create problems for us in the non-Indian consulates (European ones to be precise)J.apanese, Korean and othe Asian consulates tend to be much better in this regard.
I dealt with the UK consulate and the CGI India at Chicago. Now, agreed this was many years ago, when I used to have a desi passport.
There was an awesome Asst. Consular Officer (i forget the exact designation), but her name was Deepa Jain. I submitted my desi passpost for renewal at CGI Chicago, using the procedure described on their then brand new website. Waited 4 weeks, nothing. This was in 1999, so I decided to call the conculate, totally expecting nobody to pickup the phone, but to my surprise, somebody picked up!!. I gave them the details of my application and old passport and the lady who answered the phone said "we will call you back".
Now, knowing what that means, I began to prepare myslef for weeks and possibly months of frustration..BUT...lo and behold, two days after my call to them, Ms. Deepa Jain called back ON MY cellphone to tell me "your passport was renewed and I wil lmake sure it gets sent out today itself!!". To tel you the truth, I was totally blown away, and if Ms Jain is still around in any of the consulates, hats off to you...but I digress..
Now comes the part with the UK consulate, again, in Chicago.
I wanted to visit UK and applied for a visitors visa providing them will all the things that they need. Their requirements are very stringent and they want a ton of information too.
The delightful englishwoman at the counter in UK consulate started to ask me all sorts of questions while leafing thru my documents. When she saw a copyof my Canadian PR card in there, she stopped and asked me to show her the original card, which I did. Once she saw it, that was it. Her next statement was "You may pick up your passport in the afternoon".
So, two things, it is the desi sarkari babus who mess it up for us, in the consulates and it is the poor image "enjoyed" by our desi passports (which used to be hand written" up until a few years ago) that create problems for us in the non-Indian consulates (European ones to be precise)J.apanese, Korean and othe Asian consulates tend to be much better in this regard.
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lazycis
01-26 07:13 PM
This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
jasguild
07-16 11:26 PM
Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
gmatch
12-13 03:45 PM
Guys,
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
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