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I am in the same boat.
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline

can someone please throw some light if any idea

I thought in one of the recent memos it stated its the date when the application is mailed. I will try to dig it out.

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Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

I appreciate your generous response.

NaturopathicPT

Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

Questions:

Is this legal?
Is it a common practice?

Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

Thanks for your time.

If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

Please talk to an experienced immigration Attorney and they can explain all this stuff.

Hi Friends,

I received an RFE last week. There were 3 points in the RFE.

The first point in the RFE says,

Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

Second Point and Third point are respectively

Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

Employment verification letter stating the offer still stands as per EB visa petition.

A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

My question is concerning the first point.

Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

Appreciate your suggestions

Thanks in advance.

If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show

Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.

Doctors, Lawyers etc fall into Job Zone 5 (EB2)

Hi

I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

I have proper timesheets that i had submitted with client to prove my work hours with client.

How do i get my pay stubs and my pay?

Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

Please help

Thanks
MRD



for god sake, let us know the name of the employer. that will save a soul or two. thanks.

Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

How come a wife can have another wife...:D if you are not aware the OP is a girl.

You didnt tell which movie cd...?

I just filed for my I-140 in EB2 and I am from India. I would like to know what happens in these circumstances

1, I get laid off from my company before the Approval of my I-140

2, I get laid off after the Approval and before I can file my 485( Is there a window of certain days that make a difference afte the approval even if I cannot file my 485)

At this point I have a good relationship with my employer and I don't see a reason they will cancel or revoke anything that has been filed for me.

Thanks in advance for your replies.

Your employer did not put a gun to your head and told you to fake your resume. You wanted a quick way to get into a job and you knew what you were doing.

Like someone else here has commented, you both deserve to pay the price for what you have done!

Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?

Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?

Did anyone go through this? Please let me know.

How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o

yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)

Our files assinged to Adjudicating officer on Nov 30th. (PD is current ) Nothing happend sofar.
Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.

HAPPY NEW YEAR TO ALL :)

i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one

Your sentences are confusing. Please no offense.

You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.

My case : got GC on June. Filed wife's case in June and she has an EAD.

All the best.

There's time till evening.. keep 'em coming.

Very helpful man, thanks.

and yes, it would be helpful to have this somewhere in a prominent spot on IV..

from tracitt data it looks like NSC is going by Notice Date than recipt date. looks like NSC is processing aug 13- aug 15 ND cases now.

Where did you file, TSC/NSC?
Please see above