logiclife
08-21 06:07 PM
Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
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gsvisu
07-15 06:26 PM
I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
Radhika
07-01 08:22 PM
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
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Dakshini R. Sen
06-24 11:46 PM
If you decide to go back to school nothing will happen to your wife's I-485 application. She is eligible to an EAD as long as her I-485 is pending.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
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godbless
12-14 04:12 PM
Thanks all.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.
2. You can put some future date in there.
3. It will be multiple entry. You have to write some thing describing the need for this AP.
I hope it helps.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.
2. You can put some future date in there.
3. It will be multiple entry. You have to write some thing describing the need for this AP.
I hope it helps.
srikondoji
08-28 12:50 PM
To all,
If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.
THis is what happened with my Wife's EAD renewal.
My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.
We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.
So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.
Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."
My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.
Hope this helps.
--sri
If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.
THis is what happened with my Wife's EAD renewal.
My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.
We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.
So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.
Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."
My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.
Hope this helps.
--sri
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anilsal
12-20 12:03 PM
Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.
Wonder what is the Governor's stance on legal immigration?
Wonder what is the Governor's stance on legal immigration?
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guesswho
10-09 10:59 PM
I am planning for my visa in Jan at Mumbai consulate. I do not have any relatives in either mumbai/pune who can submit my documents 3 days before the appointment.
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
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sdrblr
09-09 10:26 AM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
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indyanguy
09-09 11:50 AM
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?
By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?
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gc_kaavaali
07-19 07:47 AM
As far as my knowledge is concerned Change of address triggers Soft update on pending applications (If you change for pending applications also). This happened to my case also when i changed my address last year.
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
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gc??
11-17 09:03 AM
what is happening? Is anything happening today?
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mariner5555
03-14 03:01 PM
I have met my rep. He took the letter etc but nothing happens after that. Starting a new campaign to the USCIS director doesn't dilute the issue, rather it makes our case stronger, this way we are telling them we are really really troubled...
I think rather than a new campaign which asks members to send postal mail we should have one clear and nicely written letter where members can put their signatures or vote electronically (I guess something like this exists) ..this letter (with thousands of votes / signature) can then be sent to various organizations and important people (president, congress, realtors, lobbyists etc etc).
I guess the main point to say would be the long waiting times, inefficient USCIS etc due to which lot of immigrants are going back to their home countries (therby leading to more outsourcing), lot of immigrants are not making big financial purchases (buying homes etc) etc etc
footnote - The reason I bring housing is US always speeds up GC processing whenever they face a crisis - from what I have heard in 70's when they needed civil engineers and doctors - they would give them GC's very quickly ..whichever financial news you read - the bottom line is no one is buying houses - in legal immigrants case - why the heck would they if they dont know if they will be able to stay here permanently :-D
I think rather than a new campaign which asks members to send postal mail we should have one clear and nicely written letter where members can put their signatures or vote electronically (I guess something like this exists) ..this letter (with thousands of votes / signature) can then be sent to various organizations and important people (president, congress, realtors, lobbyists etc etc).
I guess the main point to say would be the long waiting times, inefficient USCIS etc due to which lot of immigrants are going back to their home countries (therby leading to more outsourcing), lot of immigrants are not making big financial purchases (buying homes etc) etc etc
footnote - The reason I bring housing is US always speeds up GC processing whenever they face a crisis - from what I have heard in 70's when they needed civil engineers and doctors - they would give them GC's very quickly ..whichever financial news you read - the bottom line is no one is buying houses - in legal immigrants case - why the heck would they if they dont know if they will be able to stay here permanently :-D
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bfadlia
03-15 09:26 AM
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
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Phat7
10-08 04:49 AM
Originally posted by Coppertop
Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
[Deniro voice] youuuuu, you... [/Deniro voice]:beam:
Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
[Deniro voice] youuuuu, you... [/Deniro voice]:beam:
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nfinity
03-14 10:41 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
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amsgc
11-16 03:22 PM
I know someone who went to Canada for the weekend and got the I-94 with the correct date on it.
Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.
Also note that if you have an Indian passport, you will need a visa to go to Canada.
The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.
Also note that if you have an Indian passport, you will need a visa to go to Canada.
The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
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obelix
07-27 02:27 PM
Thanks. I will ask my employer if they can provide me one.
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cooler
07-07 03:23 PM
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
Nagireddi
05-21 07:35 PM
It should be printed on both sides of the same page I have just sponsored my parents, inlaws and uncle and aunt(Total 6 people at the same time). All of them got 10 yrs visa.Though I have provided all documents, they did not bother to look in to those papers. They have been asked simple questions and given their visa.
bsbawa10
09-01 03:58 PM
Congrats to you....I am still waiting.
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