greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
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syzygy
05-15 01:12 AM
would it even help people who did MS in stem from US university but are stuck in eb3 due to bad policies of their companies ?Or is this only for eb2 / eb1?
krishmunn
11-20 09:56 PM
If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.
Definitely it is fine for "you" but not for many others. That's why many oppose it.
Why people are apprehensive ... the same reason why the very same people demanding for a special quota are apprehensive that Illegals will be placed before them pushing them further down the queue.
And if it plays by money may be have an auction for GC ... highest bidder gets it first ;)
Definitely it is fine for "you" but not for many others. That's why many oppose it.
Why people are apprehensive ... the same reason why the very same people demanding for a special quota are apprehensive that Illegals will be placed before them pushing them further down the queue.
And if it plays by money may be have an auction for GC ... highest bidder gets it first ;)
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ashkam
03-26 02:06 PM
I don't see what's wrong with this requirement. It's always been a requirement in PA. If someone can't produce an employment letter, it's probably because he is on the bench or unemployed and that makes him out of status. If you are out of status, you are ineligible for a driver's license.
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s_r_e_e
08-10 10:38 AM
How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
sidm
04-10 12:51 AM
^^This is not gonna happen... and even if it did....well I guess the companies will finally take notice when there are no new people to hire and fire and their bottom lines are hit with permanent hires for every small and odd project......guess what that they will do then....outsource more work to other countries......:)
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
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for_gc
07-23 11:27 AM
Hi Sanbaj,
Congratulations for getting your GC !!
What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
Congratulations for getting your GC !!
What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
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InTheMoment
12-02 08:14 PM
Finally something concrete: :D
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
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NKR
02-12 09:54 AM
It's UNJUST(ified) business
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snathan
02-28 05:42 PM
I understand you don’t care about the United States and its people and you’re only interested in what you can gain from them but if you weren’t so blinded by greed you’d see this is something else they can give to you. Now I know why I took the route I did, I would have accomplished far less in my personal life with the likes of you. In fact, I may doing to much sharing my expertise with you. I refuse to have my name tarnished any further. Besides, you’re only a beginner. What was I thinking? IV really ought to make it clear to everyone that this is an amateur site. Maybe by changing its name to Beginning Immigration. IV definitely is not the voice of Immigration – my voice is different from IVs and I’m dealing with immigration. I may have to contact the internet higher-ups about this farse.
Thanks for sharing your expertise. But unfortunately we are not in the drug trafficking business. IV is only for legal employment based immigrants. This is clearly stated in the IV policy.
Believe me, you wont get any help here. You like it or not, its the fact. So dont waste our time as well as your's.
Thanks for sharing your expertise. But unfortunately we are not in the drug trafficking business. IV is only for legal employment based immigrants. This is clearly stated in the IV policy.
Believe me, you wont get any help here. You like it or not, its the fact. So dont waste our time as well as your's.
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bheemi
02-12 10:24 AM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
You dont need W-2 for filing taxes all the time. As long you have paystubs and i shows howmuch you paid taxes federal and state..that is enough..Please go to HE block or any other CPA who can file taxes and he can help you..
I did same thing 3 years back..and there was no issue at all...
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
You dont need W-2 for filing taxes all the time. As long you have paystubs and i shows howmuch you paid taxes federal and state..that is enough..Please go to HE block or any other CPA who can file taxes and he can help you..
I did same thing 3 years back..and there was no issue at all...
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DOMBOSKO
04-14 11:43 PM
H-1B crisis: Cisco has 1,504 U.S. job openings to fill
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
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chanduv23
04-14 12:31 PM
Customer service opened SR and sent to local office. Got letter from DHS (3 weeks back)that they researched case and are actively processing it, also if I dont get any correspondence with in 180 days contact them.
Till date I did not get any letter saying that case has opened. Will it help if I take Infopass and go to local office. Please advice.
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
Till date I did not get any letter saying that case has opened. Will it help if I take Infopass and go to local office. Please advice.
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
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lazycis
11-30 06:42 PM
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.
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sats123
06-19 02:12 PM
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
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anandrajesh
01-31 10:14 PM
H1Bs approvals gets the government Millions of Dollar every year and if they can use the money to improve DHS there is no need for this addl price increases.
Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.
See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.
Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.
See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.
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naveenkprasadam
04-13 12:31 PM
I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!
Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.
The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!
I have analyzed EB Immigration considerably and here are my thoughts -
Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.
I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.
Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.
If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.
I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.
This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!
I am willing to talk to the IV Core team to discuss if needed.
Idea is too good.If we can make it work this is one of the best idea to get the attention of the administration.
Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.
The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!
I have analyzed EB Immigration considerably and here are my thoughts -
Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.
I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.
Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.
If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.
I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.
This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!
I am willing to talk to the IV Core team to discuss if needed.
Idea is too good.If we can make it work this is one of the best idea to get the attention of the administration.
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spicy_guy
08-02 12:58 PM
Every employment based immigrant who aspires to settle here in US to realize their American dream for their kids better future like the way you think.. if America doesn't welcome him, he will look for competitive job in some other country where he is welcomed or he will go back to his own mother country... if you don't promote the insource of worlds best talent in to US economy...that job will be outsourced for sure in couple of years...young talents on the other side of the planet are working like rocket scientists with innovative engineering brain to keep their economies rising to reach number one position in the world...if you observe the salaries these days in India and china..they are on par with US jobs and more in some companies..there will be no stand to mentality of the people once they struggle for their existence with the job and other issues in the life...it goes with money mostly......if you think on the other side like if govt welcomes those same young talents who can create jobs and can help US economy to continue its journey with out putting per country limit for in sourcing the talent..:cool:
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
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wahwah
06-06 10:57 AM
i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.
so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
stuckinmuck
05-29 05:03 PM
Please guys, I understand the frustration we're all going through but do not compare it to what happened to the Jews under the Nazis. We are indeed in a bad situation but comparing it to genocide is too much.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
micofrost
06-02 01:55 PM
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