sledge_hammer
04-15 10:58 AM
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?
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?
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kshitijnt
07-30 08:02 AM
I do not recommend E3 visa. As non immigrant intent like F1/B1 is required on E3.
erichin2477
06-12 05:42 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
you seems to be pretty knowledgeble. Here is My case....
I just got my 45-days letters today and my H1-B will expired on May 2007 for the 6 years.
What should I do?
Question 1
Can I change my lawyer? cuz my lawyer is lame. and I am going to apply for my 7-years since I been waiting for 45-days letter more than 2 years since Feb 2004!!!!
Question 2
Can I change my company and relocate to another state and still keep the current GC application going? I assume my old company will still approve and sign anything that they can help. They are pretty generous.
Thanks.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
you seems to be pretty knowledgeble. Here is My case....
I just got my 45-days letters today and my H1-B will expired on May 2007 for the 6 years.
What should I do?
Question 1
Can I change my lawyer? cuz my lawyer is lame. and I am going to apply for my 7-years since I been waiting for 45-days letter more than 2 years since Feb 2004!!!!
Question 2
Can I change my company and relocate to another state and still keep the current GC application going? I assume my old company will still approve and sign anything that they can help. They are pretty generous.
Thanks.
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komaragiri
07-28 12:18 PM
My prediction for this year..
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
more...
fromnaija
12-08 04:52 PM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.
AP could be mailed but the applicant MUST be in the USA at the time of application.
AP could be mailed but the applicant MUST be in the USA at the time of application.
sk.aggarwal
11-11 08:03 PM
I have never heard about this before, but if I were you I would:
1. Immediately request transcripts from college in sealed envelope, exactly as requested.
2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.
Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.
Its amazing the extent USCIS will go to make our lives tough
1. Immediately request transcripts from college in sealed envelope, exactly as requested.
2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.
Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.
Its amazing the extent USCIS will go to make our lives tough
more...
meridiani.planum
04-07 01:05 AM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
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tnite
08-10 09:02 AM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
bump
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
bump
more...
michael_trs
05-13 11:56 AM
I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
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gc_check
01-23 12:29 PM
One thing to notice, the Processing Dates are as of November 30, 2008 that is posted on Jan 23, 2009 for all 4 service centers.
more...
nixstor
08-30 12:59 PM
perm2gc,
Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.
Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.
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Dandruff
09-27 10:34 AM
FWIW: Got EAD Card Production ordered for both of us. 9/26
ND : 8/15
RD : 7/18
ND : 8/15
RD : 7/18
more...
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MYGC2008
01-20 08:30 PM
I renewed my Passport at NY. and they are accepting valid EAD. It is not true.
But Initially they gave for 1 year when I renewed on July 1st week 2008.
Later on 2nd Junary 2009 I went and they gave me full 10 year.
I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.
Let me know if u need more info.
Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
But Initially they gave for 1 year when I renewed on July 1st week 2008.
Later on 2nd Junary 2009 I went and they gave me full 10 year.
I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.
Let me know if u need more info.
Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
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ArkBird
12-12 04:22 PM
Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
more...
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amohale
02-26 12:26 AM
Please help me with my case.
I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.
The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.
the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.
So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.
I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.
The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.
the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.
So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.
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ssnd03
01-02 07:18 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
more...
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jgh_res
04-16 07:42 AM
existing thread:
http://immigrationvoice.org/forum/showthread.php?t=19011
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
http://immigrationvoice.org/forum/showthread.php?t=19011
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
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gcnirvana
10-25 05:31 PM
Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
Go figure...:confused:
Go figure...:confused:
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pappu
04-08 05:54 PM
Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
kaisersose
11-10 02:32 PM
Hi ,
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.
If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.
Anyway, check with them and the lawyer before you give up.
Good luck
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.
If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.
Anyway, check with them and the lawyer before you give up.
Good luck
Ramba
10-05 05:01 PM
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
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