Turtle Tattoo Designs

I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.

Thanks for the info....sounds like a good idea!....I will ask my lawyer abt this...

You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.

My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.

Hi,


I am in a unique situation as far as capture of earlier PD is concerned.

My company had filed an LC for me in EB3 with PD of Oct '03.

I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

I have got my I140 approved for the same and also 3yr ext. based on that as well.

My EB3 LC is approved as well now.

My question to somehow capture the PD of my EB3 LC.

Is it possible ? Is anyone in the same boat ?

Regards.


09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:

http://www.uscis.gov/files/pressrele...22_091206R.pdf


(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

I got same audit in september as well
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs

How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.

Hello,
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.

I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!

Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?

Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf

covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.

^^

1> Marriage certificate.
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees

You also need to include the filled in Form I-134.

http://www.uscis.gov/files/form/i-134.pdf

I e-filed EAD in June 2009 and the case is at NSC.....they did sent me some notice on Friday - which I am yet to receive - not sure if it is going to be a FP notice or request for evidence.

Hi Prem,

Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?

Thanks...your replies were compassionate and philosophical in a way.
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.

See tonnes of people going back----are we chasing something we are not supposed to do?

Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
fired shortly after becoming a citizen.

abby
----
Senthil for once I agree with you :D Tell me who moved my Cheese!

abby: GC to citizenship, lost job eh!
US law doesn't permit discrimination in employment based on race or Country of origin.

There are many websites that advertise jobs in India, depending on your situation and goals. Send me a PM with your resume and phone number, I will try getting you a job in India. Average pay scale is thousand dollars/mo and commute time in 3 hours. I am sure, those are non factors because you so sincerely desire this.

Also, I would recommend taking a break from this all and think about your future plans. I am not sure how young you are, there is a call for surge in Iraq for our troops. It is perfect time for a citizen to show his patriotism. I heard sign-up bonus is amazing :-) I was planning to volunteer, they refused me because I am a prospective legal immigrant. I want to contribute but can't, I feel bad.

And My details are below.

Category EB2
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007

Chennai Consulate appointment : August 11th 2008

Come on, don't be modest, you deserve this!

non compete will not allow to work with the same client through a different consulting company.

I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.

I was with Pyramid for less than a year. I had bad experince with them. Although I was enrolled as a fulltime employee I did not get any on bench pay. They are not good at finding you any new projects either. They are like any other desi consulting company just a little bigger.

If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

Is number of applications in 2001 and 2002 is > 40,000.

Its very hard to believe.

325 + 70 + 180 + 170 = 745

How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??

Hi Dingudi,

The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.

The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.