shana04
02-16 01:32 PM
Hi,
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
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logiclife
12-13 03:23 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.
For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.
Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.
Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.
For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.
Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.
Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.
eb3_nepa
11-30 04:00 PM
Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..
That is not true at all. Discover was the FIRST to isssue me a Credit card as a student and to this date no problems.
That is not true at all. Discover was the FIRST to isssue me a Credit card as a student and to this date no problems.
2011 miss you love poems. i miss you love poems.
kode
02-03 06:22 PM
lol .. it's true !! :P
i didn't see it before .. :crazy:
i didn't see it before .. :crazy:
more...
letstalklc
12-21 09:10 AM
I agree 100%, all these consulates are peace of crap, the way they behave is un believable, I have been to New York Office twice, both the times very bad, I don't think they change...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
abqguy
01-15 04:59 PM
Sent the letter. I will get with my Employer to do the same. Also, will try to get with my lawmakers too.
more...
eilsoe
02-03 06:20 AM
u'r still the lineart champ around here hunn ;)
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rb_248
10-29 12:00 PM
NRK,
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
more...
Brightsider
06-02 10:30 AM
Guys,
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
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arindam
04-02 12:00 PM
Send both faxes.
more...
NWISE
05-31 03:53 PM
Voted and commented... keep the momentum up! The vote is reaching 500... let's keep it moving up.
I think we're on the right track and this bill will bring some relief to us and for those to come.
I think we're on the right track and this bill will bring some relief to us and for those to come.
hot Mother I Miss You Poems;
meridiani.planum
02-21 12:30 AM
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
more...
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maximus777
11-25 03:12 PM
Thanks much!
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lnahan
06-05 01:55 PM
Action item: let's beg USCIS to work slower and waste as much quota as possible.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
more...
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dealsnet
05-15 09:20 PM
Bhai, Please read his previous post. He admit the thing. No need of a witness. He himself wrote in IV.
misdemeanor charge and green card
--------------------------------------------------------------------------------
I may be charged with Misdemenor Class A for Domestic Battery around 15th of Nov/1st week of december(Court Dates).
Am I screwed for green card? I applied for 485 in July, got EAD.
Will there be a Deportation process involved? I am prepared for the Worst hpoing for the Best...
Guys, need your advise....
--------------------------------------------------------------------------------
The Charge sheet is on Class A Misdem..
This is my first offense.. I have not had any offence at all...
Will being on Probation cause a issue. I spoke to my Immigration lawyer.. he said I will be called for a Interview...
He asked me to tell the Criminal Lawyer to try to get supervision. but he said not to plead guilty...
When I relayed the same to my Crim lawyer,, he said it will be difficult to get Supervision if we plead not guilty...
So does it mean Misdemeanor does not qualify for Deportation?
I am cofused whether to plead guilty or not...
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
misdemeanor charge and green card
--------------------------------------------------------------------------------
I may be charged with Misdemenor Class A for Domestic Battery around 15th of Nov/1st week of december(Court Dates).
Am I screwed for green card? I applied for 485 in July, got EAD.
Will there be a Deportation process involved? I am prepared for the Worst hpoing for the Best...
Guys, need your advise....
--------------------------------------------------------------------------------
The Charge sheet is on Class A Misdem..
This is my first offense.. I have not had any offence at all...
Will being on Probation cause a issue. I spoke to my Immigration lawyer.. he said I will be called for a Interview...
He asked me to tell the Criminal Lawyer to try to get supervision. but he said not to plead guilty...
When I relayed the same to my Crim lawyer,, he said it will be difficult to get Supervision if we plead not guilty...
So does it mean Misdemeanor does not qualify for Deportation?
I am cofused whether to plead guilty or not...
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
dresses Missing You Love Poems
JalwaeJana
04-16 02:09 PM
Pls check the job description that was filed for perm labor if it has min reqt as Bachelors or is it flexible with Bachelors and/or Bachelors equivalent.
more...
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shree772000
05-17 12:16 PM
First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.
We have skills and ability to make many more countries like US.... We have to beleive it....
We have skills and ability to make many more countries like US.... We have to beleive it....
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desidude
06-19 01:48 PM
Akhil,
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
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thomachan72
11-04 04:24 PM
Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
Playing on a computer screen near you!!!.....
'V-I-S-A B-U-L-L-E-T-I-N...DECEMBER 2009"
*Disclaimer: Can cause serious mental distress, suicidal thougths, depression, excessive alcohol consumption. Not recommended for EB-XI/C, EB-3 ROW.Country of birth restrictions apply.
From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
raysaikat
01-06 12:42 AM
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p
gccube
08-22 08:41 PM
The recent AILA prediction on the cutoff dates for EB3 for the month of october, how accurate can they be considering the following.
1. Dates until May 08 2001 were current for a long time until 2007 June. So most of the guys with that priority dates have already applied for AOS. Most of them might already gotten their GC. There may be a very few stuck in the process but that number should be very less.
2. For the month of June 2007 they moved the dates ahead by more than 2 years with whatever information they have.
3. Now by October 2007 there might be a few more cases, with PD before 2001 May 08, might get added but this number should be very less(I think).
Considering these factors how can there be a huge demand for visa nos with PDs before May 08 2001?
May be I am missing something really big here. My guess (wild) would be it would move ahead by atleast a year from Pre June 2001 VB dates when they open up in October 2008. Anyway I don't have as much info (or exp) as AILA and I could be grossly wrong.
This is no advice or suggestion, but purely my opinion.
1. Dates until May 08 2001 were current for a long time until 2007 June. So most of the guys with that priority dates have already applied for AOS. Most of them might already gotten their GC. There may be a very few stuck in the process but that number should be very less.
2. For the month of June 2007 they moved the dates ahead by more than 2 years with whatever information they have.
3. Now by October 2007 there might be a few more cases, with PD before 2001 May 08, might get added but this number should be very less(I think).
Considering these factors how can there be a huge demand for visa nos with PDs before May 08 2001?
May be I am missing something really big here. My guess (wild) would be it would move ahead by atleast a year from Pre June 2001 VB dates when they open up in October 2008. Anyway I don't have as much info (or exp) as AILA and I could be grossly wrong.
This is no advice or suggestion, but purely my opinion.
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