dc4opera
05-18 11:27 PM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
wallpaper 2011 calendar uk bank holidays
atul555
12-14 10:57 PM
My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
sargon
05-11 12:45 PM
You really scared me. My family is supposed to come via Delhi tomorrow. Please refrain from posting such threads.
2011 2011 CALENDAR UK BANK HOLIDAYS
optimystic
04-21 04:24 PM
hi friends,
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
more...
black_logs
04-13 10:00 AM
But before you send it you make sure you do not want the labor substitution to stay. The AILA draft supports labor substitution.
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
austindesi
07-15 11:19 AM
I am in Austin, Texas.
Will be there for rally in Houston. I am surprised to see very few replies for Texas chapter. There is only 1 reply from Austin and as we know, Austin has significant desi hi-tech crowd. Let's try to do something in Texas. How about organizing rally at State Capitol Building in Austin?
Will be there for rally in Houston. I am surprised to see very few replies for Texas chapter. There is only 1 reply from Austin and as we know, Austin has significant desi hi-tech crowd. Let's try to do something in Texas. How about organizing rally at State Capitol Building in Austin?
more...
arsh007
12-21 08:58 AM
Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.
2010 2011 calendar with ank holidays uk. uk bank holidays 2011 calendar
gunabcd
06-22 09:50 AM
When the officer picks up a new case file, within minutes he know if there's Birth cert, substitute labor etc (remember he may have handled hundreds of cases). If the officer FEELS the case is complicated or needs an RFE, he may just put it on the backburner and pick up the next one on the shelf. That's why i'm trying to get my BC or NABC, even if i have 5 other docs with DOB.
more...
willigetagc
09-02 11:50 AM
Edit. Latest ..on my case.(with a little history) and this is hilarious.
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D
hair 2011 CALENDAR UK BANK HOLIDAYS
senthil1
06-11 05:35 PM
There may be two observations in this.
1. They may try to bring CIR one more time and pass in Senate or
2.They will make alive CIR talks till this year end. This will make sure that other piece meal bills like Skil, Agricultural jobs bill will not be brought for debate till CIR is alive
Second case is the best bet for numbersusa, alipac etc.
1. They may try to bring CIR one more time and pass in Senate or
2.They will make alive CIR talks till this year end. This will make sure that other piece meal bills like Skil, Agricultural jobs bill will not be brought for debate till CIR is alive
Second case is the best bet for numbersusa, alipac etc.
more...
mbartosik
08-20 06:35 PM
I'm a UK citizen (waiting for GC), and one obversation that I have is:
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
hot 2011 Calendar Uk Bank Holidays
GCD
07-27 08:37 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
more...
house 2011 calendar with ank holidays uk. 2011 CALENDAR UK BANK HOLIDAYS
GCD
07-28 11:15 AM
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
tattoo 2011 calendar uk bank holidays
immiusa
06-15 06:01 PM
Your parents do not need A/V letter. They can supplement last 3 months of statements. If you still want to give a try. You can ask bank manager to send a letter with current amount on your A/C to the address mentioned on your A/C. which means, they are sending the information to the addressee on the A/C.
If I were you, I would wait until your job is done. Then, close the A/C with a reason specified "Not happy with service".
It will be helpful if you can mention the bank name on this forum for all our immigrant community.
If I were you, I would wait until your job is done. Then, close the A/C with a reason specified "Not happy with service".
It will be helpful if you can mention the bank name on this forum for all our immigrant community.
more...
pictures 2011 CALENDAR UK BANK HOLIDAYS
needhelp!
08-31 01:45 AM
Registering a new country? I hope you are not kidding, needhelp!:)
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
dresses 2011 Calendar Uk Bank Holidays
ItIsNotFunny
09-09 04:20 PM
While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?
S Corporation. For detailed information visit LegalZoom.com. Make sure you just get information from there, don't go through them.
S Corporation. For detailed information visit LegalZoom.com. Make sure you just get information from there, don't go through them.
more...
makeup 2011 CALENDAR UK BANK HOLIDAYS
reddymjm
02-22 10:24 PM
in this dream land my friend.
girlfriend 2011 calendar uk bank holidays
BMS1
08-21 09:23 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
hairstyles 2011 calendar with ank holidays uk. 2011 calendar uk bank holidays
diptam
08-13 10:56 AM
Given the Current receipting situation at NSC this sounds like a Dream story and definitely an exception. By the way - whoever got this and enjoying FIFO i would want to Congratulate him/her - I'm very happy for that chap.
But just few stray good cases can't make me say that CIS following FIFO :D
Congratulations but I was wondering if you are more an exception then a rule...:confused:
But just few stray good cases can't make me say that CIS following FIFO :D
Congratulations but I was wondering if you are more an exception then a rule...:confused:
funny
09-16 02:05 PM
^bump^ ^bump^
bigboy007
12-10 04:23 PM
Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
No comments:
Post a Comment