axp817
03-31 09:31 AM
I (and I�m sure others too) would like to know how the following works,
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
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nrk
10-30 06:30 AM
Thanks caliguy,
I got the letter.
As of 10:30 AM PST (Thursday), I have responsed to all requests for Sample letter, details of officer at TSC and steps to reach IO at TSC.
If you have not received an email from me, please send me a message again. It's been almost impossible to keep up with all the requests I have received since last night.
Any requests that I get after 10:30 AM PST, I will respond to them tonight.
Good luck and keep the faith....
I got the letter.
As of 10:30 AM PST (Thursday), I have responsed to all requests for Sample letter, details of officer at TSC and steps to reach IO at TSC.
If you have not received an email from me, please send me a message again. It's been almost impossible to keep up with all the requests I have received since last night.
Any requests that I get after 10:30 AM PST, I will respond to them tonight.
Good luck and keep the faith....
ski_dude12
11-10 02:41 AM
I believe your answer below was related to this situation:
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
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toprasad
03-19 01:14 PM
I had posted the same thing for your question on immigration portal too.
My personal experience, united nations in immigration portal is your best choice.
He deals with such cases on a regular basis and has helped me too.
If you want to talk about my experience, please send me a private email.
My personal experience, united nations in immigration portal is your best choice.
He deals with such cases on a regular basis and has helped me too.
If you want to talk about my experience, please send me a private email.
more...
khadash
08-19 01:01 PM
Poll Done
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
zoooom
07-19 05:07 PM
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
more...
fatjoe
10-27 04:17 PM
Took an infopass to find out why my spouse's case was not approved. A rude IO told that the background check was not completed yet, and it would take 30-60 days. Asked us to wait for 30-60 days. She looked and talked rude, so I did not ask her "if the background check was started or not". So, the question is how to expedite the background process, so that it will be cleared.
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sledge_hammer
01-31 10:32 AM
The cut-off date is determined by #485, not LC.
Hi waitingGC,
Could you please elaborate? I am not talking about I-485 at this point, and I do not know what cut-off date you are talking about!
Hi waitingGC,
Could you please elaborate? I am not talking about I-485 at this point, and I do not know what cut-off date you are talking about!
more...
ab_tak_chappan
08-13 06:51 PM
chaanakya i fully agree with your assessment!
Yes, that is right, I said �plight of EB2-India�.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
Yes, that is right, I said �plight of EB2-India�.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
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diqingshen
01-31 01:04 PM
could it be that ppl will not be able to sneak in with pre-approved labor now? if there is a significant number doing that, the PDs will move faster. Congrats IV on this achievement!
to relieve some retrogression!
to relieve some retrogression!
more...
eager_immi
02-13 02:30 PM
Logiclife. I know why you are responding to these comments you all are frustrated with such comments. I know it is hard to not respond but please ignore these asinine comments. Please have some of these comments linked to the main page. But believe me "barking dogs seldom bite." Such people will ultimately sap your energy. But, just like how IV is asking people to contribute please also ask them to use their own judgment, they do this at their own risk. There are many people like us who have faith in your group although we know you cannot do miracles. Please have faith and I sincerely request to all members & moderator that once we see these comments let us move this to the some thread called �IV bashing thread� and let the rest of us completely ignore them.
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kshitijnt
02-07 05:12 PM
This is a great point. Even if we get one time relief,that should suffice because retro might not happen in the future as there will not be 245si/195kH1bs. I hope one of the core group members might want to look at this. This will atleast counteract the exaggerated and bloated immigration numbers by the antiimmigrant groups.
What you are not counting is the people who change jobs. Initial H1 allocation to wipro or TCS or satyam doesnt mean anything. More than 50% of those change jobs later on
What you are not counting is the people who change jobs. Initial H1 allocation to wipro or TCS or satyam doesnt mean anything. More than 50% of those change jobs later on
more...
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darslee
07-11 01:45 AM
Excellent idea......need only be singles.....:) :)
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smartboy75
09-29 01:14 PM
Hey Tampacoolie...
With due respect ..man ..please do not highjack my thread.....please start a new one if you have a query...what you have posted is no way relevant to the one I opened...
With due respect ..man ..please do not highjack my thread.....please start a new one if you have a query...what you have posted is no way relevant to the one I opened...
more...
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misanthrope
10-03 03:48 PM
on how you intentionally lied to get into US?
Your post subject has grammatical errors. Please look into it. Thanks.
Your post subject has grammatical errors. Please look into it. Thanks.
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vbkris77
03-10 06:37 PM
The stats you are refering to are total I485s. They include FB, Asylum etc. You are missing our China friends. They may have atleast 100K apps pending.
more...
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Chiser99
06-07 04:15 PM
Well the only different skin apple have made, the U2 one, had a red scrollwheel... so surely we should use their one as a guideline, and in that case be allowed to skin the wheel as well?
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black_logs
04-08 09:51 AM
After meeting several administrative and Lawmakers staff, we concluded there's no legislation that can help people waiting for Labor Cert from BECs. But we thought if people get 3 year H1B ext. Atleast they can move on to new jobs etc and file in PERM etc. It will be a big relief.
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
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bigboy007
04-27 12:14 AM
Not sure about the increase in fees here is what i have seen comparing it to INA and subsections...
1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.
2. 90 Days being replaced as 180 days for non displacement option
3. No consulting for H1B employees based on the Recruitment (F) section.
4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's
5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports
6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.
7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...
8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.
9. stream line of job classifications and roles with 1 year of enacting of S887...
10. DOL can hire 200+ employees to fill these requirements ;)
+ l1's I have not gone through....
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.
2. 90 Days being replaced as 180 days for non displacement option
3. No consulting for H1B employees based on the Recruitment (F) section.
4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's
5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports
6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.
7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...
8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.
9. stream line of job classifications and roles with 1 year of enacting of S887...
10. DOL can hire 200+ employees to fill these requirements ;)
+ l1's I have not gone through....
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
mrjonie
05-04 12:55 AM
Hi Friends,
I checked my status and havent received any Soft LUD, but I received a FP notice couple of days back. I am not sure what this is for..My PD is Dec 2006 (EB3) and I received EAD/AP/I140 approved. I applied concurrently during the july fiasco and already done with FP on 2007 itself.
Now i am surprised why I need to , go for FP again. I am still in H1 and my EAD is expired and havent renewed.
Can anyone shed some light in to this FP notice ???
Cheers
John
I checked my status and havent received any Soft LUD, but I received a FP notice couple of days back. I am not sure what this is for..My PD is Dec 2006 (EB3) and I received EAD/AP/I140 approved. I applied concurrently during the july fiasco and already done with FP on 2007 itself.
Now i am surprised why I need to , go for FP again. I am still in H1 and my EAD is expired and havent renewed.
Can anyone shed some light in to this FP notice ???
Cheers
John
munnu77
07-16 09:40 AM
signed and sealed
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