morchu
07-31 04:28 PM
One thing is that lawyers are really busy till August 17th.
One good reason for this policy is the misuse or over-utilization of lawyer contact previlege. I believe there might be guys who contact lawyers for no reason, and just annoy them. If there are so many such guys in your company, may be all they are trying to avoid is this misuse.
On the other hand Lawyer is representing you and the employer at the same time. So you are entitled to contact lawyer directly. It is just that, if there had been misuse from other employees, there is a possibility that you might not have enough credability, and they may not return your call.
There is no harm in trying to send an email to you HR and ask them to get an answer from lawfirm for any valid query.
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
One good reason for this policy is the misuse or over-utilization of lawyer contact previlege. I believe there might be guys who contact lawyers for no reason, and just annoy them. If there are so many such guys in your company, may be all they are trying to avoid is this misuse.
On the other hand Lawyer is representing you and the employer at the same time. So you are entitled to contact lawyer directly. It is just that, if there had been misuse from other employees, there is a possibility that you might not have enough credability, and they may not return your call.
There is no harm in trying to send an email to you HR and ask them to get an answer from lawfirm for any valid query.
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
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agt
05-23 08:12 PM
Thanks for your reply.
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EB3_SEP04
01-28 05:43 PM
Folks, please help:
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
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Pineapple
12-30 06:20 PM
How about pledging anywhere between 1 to 5 % of our tax returns? If enough people do it, that should do the trick.. But we need to widen the base, I think.. I don't think the problem is of people not contributing enough, the real problem is that we do not have enough people contributing.
But an interesting idea nevertheless.. though 2K is beyond my means at the moment. :o
But an interesting idea nevertheless.. though 2K is beyond my means at the moment. :o
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txh1b
08-25 03:32 PM
Depends on what you mean by porting. Do you already have an approved 140 in EB2 or are you going to start from scratch by having the company file for a labor?
If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.
If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.
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ronhira
12-31 09:13 AM
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
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wandmaker
11-07 03:41 PM
Address Change Online: 24x7 & Calling USCIS : Mon - Fri
Can I do it over the weekend?
Thank you.
Can I do it over the weekend?
Thank you.
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GC_1000Watt
10-12 05:24 PM
No offence dude. Take it easy. Thanks for sharing your experience. I guess US embassies in India are way strict than the one's in mexico and canada.
Btw I didn't deserved the red for my last post itsmeabby. Right?
Btw I didn't deserved the red for my last post itsmeabby. Right?
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mikrupee
05-02 11:58 AM
I am in similar situation.
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
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srikondoji
06-18 08:46 AM
Impatience?????
What are you trying to convey? Are you saying we should not write up stories?
If so think again.
This is a right time to do it.
I did not say that nor even remotely meant that.
We should try and do all things that can improve our chances of success.
--sri
What are you trying to convey? Are you saying we should not write up stories?
If so think again.
This is a right time to do it.
I did not say that nor even remotely meant that.
We should try and do all things that can improve our chances of success.
--sri
more...
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beautifulMind
02-24 09:03 AM
Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
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martinvisalaw
07-28 07:13 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
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smartboy75
07-17 07:42 PM
Almond I agree with you completely...I am not against questions being asked or answering questions...This community has been helpful to me in the past and I would be more than welcome to lend support....but a little effort would'nt harm....
There is a saying "SEEK AND YOU SHALL FIND...." No matter how old the information its always possible to dig it out...not only using this forumn search but also google search....I just hope people try and seek before ..that's all
There is a saying "SEEK AND YOU SHALL FIND...." No matter how old the information its always possible to dig it out...not only using this forumn search but also google search....I just hope people try and seek before ..that's all
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qasleuth
08-07 06:57 PM
Sorry to hear your predicament.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
more...
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andhrawala
08-23 09:20 PM
Hi overseas,
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
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Humhongekamyab
07-22 10:19 AM
I agree with Pappu. I am with you.
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nhfirefighter13
November 21st, 2005, 03:46 PM
#2 is my favorite.
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smiledentist
06-21 10:19 PM
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
But the 140 is already approved,can it be ammended now.
Not a legal advice.
But the 140 is already approved,can it be ammended now.
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gc_chahiye
08-26 12:59 PM
This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.
not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.
If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
If your LC is >365 days old you get a 1 year extension.
not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.
If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
If your LC is >365 days old you get a 1 year extension.
JunRN
12-18 04:57 PM
Thanks for the link. It is really very helpful.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
dwhuser
07-31 11:36 AM
Thanks everyone, we had a wonderful trip and reached safely, no questions asked at POE (newark)
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