dpp
12-30 09:31 AM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
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kondur_007
09-18 09:50 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
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BumbleBee
05-30 12:27 PM
Here we go again....the never ending bad news loop for immigrants (to be)
Source-->
http://www.immigration-law.com/
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm
E. Summary of Final Fees
The USCIS Immigration and Naturalization Benefit Application and
Petition Fee Schedule, the proposed fees, and the final fees
established by this rule are summarized in the attached table.
----------------------------------------------------------------------------------------------------------------
Current Proposed
Form No. Description fees fees Final fees
----------------------------------------------------------------------------------------------------------------
I-90.................................. Application to Replace Permanent $190 $290 $290
Resident Card.
I-102................................. Application for Replacement/ 160 320 320
Initial Non-immigrant Arrival-
Departure Record (I-94).
I-129................................. Petitions for a Nonimmigrant 190 320 320
Worker.
I-129F................................ Petition for Alien 170 455 455
Fianc[eacute](e).
I-130................................. Petition for Alien Relative...... 190 355 355
I-131................................. Application for Travel Document.. 170 305 305
I-140................................. Immigrant Petition for Alien 195 475 475
Worker.
I-191................................. Application for Advance 265 545 545
Permission to Return to
Unrelinquished Domicile.
I-192................................. Application for Advance 265 545 545
Permission to Enter As a
Nonimmigrant.
I-193................................. Application for Waiver of 265 545 545
Passport and/or Visa.
I-212................................. Application for Permission to 265 545 545
Reapply for Admission into the
United States After Deportation
or Removal.
I-360................................. Petition for Amerasian, 190 375 375
Widow(er), or Special Immigrant.
I-485................................. Application to Register Permanent 325 905 930
Residence or Adjust Status.
I-526................................. Immigrant Petition by Alien 480 1,435 1,435
Entrepreneur.
I-539................................. Application to Extend/Change 200 300 300
Nonimmigrant Status.
I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
Immediate Relative/Application
for Advance Processing or Orphan
Petition.
I-601................................. Application for Waiver of Grounds 265 545 545
of Inadmissibility.
I-612................................. Application for Waiver of the 265 545 545
Foreign Residence Requirement.
I-687................................. For Filing Application for Status 255 710 710
as a Temporary Resident.
I-690................................. Application for Waiver of 95 185 185
Excludability.
I-694................................. Notice of Appeal of Decision..... 110 545 545
I-695................................. Application for Replacement 65 130 130
Employment Authorization or
Temporary Residence Card.
I-698................................. Application to Adjust Status from 180 1,370 1,370
Temporary to Permanent Resident.
I-751................................. Petition to Remove Conditions on 205 465 465
Residence.
I-765................................. Application for Employment 180 340 340
Authorization.
I-817................................. Application for Family Unity 200 440 440
Benefits.
I-824................................. Application for Action on an 200 340 340
Approved Application or Petition.
I-829................................. Petition by Entrepreneur to 475 2,850 2,850
Remove Conditions on Residence.
I-881................................. NACARA--Suspension of Deportation 285 285 285
or Application for Special Rule
Cancellation of Removal.
I-914................................. Application for T Nonimmigrant 270 0 0
Status.
N-300................................. Application to File Declaration 120 235 235
of Intention.
N-336................................. Request for Hearing on a Decision 265 605 605
in Naturalization Procedures.
N-400................................. Application for Naturalization... 330 595 595
N-470................................. Application to Preserve Residence 155 305 305
for Naturalization Purposes.
N-565................................. Application for Replacement of 220 380 380
Naturalization Citizenship
Document.
N-600................................. Application for Certification of 255 460 460
Citizenship.
N-600K................................ Application for Citizenship and 255 460 460
Issuance of Certificate under
Section 322.
Biometric Services............... 70 80 80
----------------------------------------------------------------------------------------------------------------
BumbleBee
Source-->
http://www.immigration-law.com/
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm
E. Summary of Final Fees
The USCIS Immigration and Naturalization Benefit Application and
Petition Fee Schedule, the proposed fees, and the final fees
established by this rule are summarized in the attached table.
----------------------------------------------------------------------------------------------------------------
Current Proposed
Form No. Description fees fees Final fees
----------------------------------------------------------------------------------------------------------------
I-90.................................. Application to Replace Permanent $190 $290 $290
Resident Card.
I-102................................. Application for Replacement/ 160 320 320
Initial Non-immigrant Arrival-
Departure Record (I-94).
I-129................................. Petitions for a Nonimmigrant 190 320 320
Worker.
I-129F................................ Petition for Alien 170 455 455
Fianc[eacute](e).
I-130................................. Petition for Alien Relative...... 190 355 355
I-131................................. Application for Travel Document.. 170 305 305
I-140................................. Immigrant Petition for Alien 195 475 475
Worker.
I-191................................. Application for Advance 265 545 545
Permission to Return to
Unrelinquished Domicile.
I-192................................. Application for Advance 265 545 545
Permission to Enter As a
Nonimmigrant.
I-193................................. Application for Waiver of 265 545 545
Passport and/or Visa.
I-212................................. Application for Permission to 265 545 545
Reapply for Admission into the
United States After Deportation
or Removal.
I-360................................. Petition for Amerasian, 190 375 375
Widow(er), or Special Immigrant.
I-485................................. Application to Register Permanent 325 905 930
Residence or Adjust Status.
I-526................................. Immigrant Petition by Alien 480 1,435 1,435
Entrepreneur.
I-539................................. Application to Extend/Change 200 300 300
Nonimmigrant Status.
I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
Immediate Relative/Application
for Advance Processing or Orphan
Petition.
I-601................................. Application for Waiver of Grounds 265 545 545
of Inadmissibility.
I-612................................. Application for Waiver of the 265 545 545
Foreign Residence Requirement.
I-687................................. For Filing Application for Status 255 710 710
as a Temporary Resident.
I-690................................. Application for Waiver of 95 185 185
Excludability.
I-694................................. Notice of Appeal of Decision..... 110 545 545
I-695................................. Application for Replacement 65 130 130
Employment Authorization or
Temporary Residence Card.
I-698................................. Application to Adjust Status from 180 1,370 1,370
Temporary to Permanent Resident.
I-751................................. Petition to Remove Conditions on 205 465 465
Residence.
I-765................................. Application for Employment 180 340 340
Authorization.
I-817................................. Application for Family Unity 200 440 440
Benefits.
I-824................................. Application for Action on an 200 340 340
Approved Application or Petition.
I-829................................. Petition by Entrepreneur to 475 2,850 2,850
Remove Conditions on Residence.
I-881................................. NACARA--Suspension of Deportation 285 285 285
or Application for Special Rule
Cancellation of Removal.
I-914................................. Application for T Nonimmigrant 270 0 0
Status.
N-300................................. Application to File Declaration 120 235 235
of Intention.
N-336................................. Request for Hearing on a Decision 265 605 605
in Naturalization Procedures.
N-400................................. Application for Naturalization... 330 595 595
N-470................................. Application to Preserve Residence 155 305 305
for Naturalization Purposes.
N-565................................. Application for Replacement of 220 380 380
Naturalization Citizenship
Document.
N-600................................. Application for Certification of 255 460 460
Citizenship.
N-600K................................ Application for Citizenship and 255 460 460
Issuance of Certificate under
Section 322.
Biometric Services............... 70 80 80
----------------------------------------------------------------------------------------------------------------
BumbleBee
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pappu
09-22 01:12 PM
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637
more...
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kart2007
10-24 06:38 PM
I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).
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wonderlust
09-27 04:34 PM
You are wrong! I am not indian, my friends from China, Sweden, Poland, Russia, Philipine, and Vietnam were there. You just did not see the pics.:D
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
more...
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corleone
11-09 10:22 AM
So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
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dask
12-09 03:45 PM
Congrats dask.
Save your congratulations until this neverending and unbearable pain ends....nevertheless many thanks for your congratulatory msg...
Best of luck to u2
~Dask
Save your congratulations until this neverending and unbearable pain ends....nevertheless many thanks for your congratulatory msg...
Best of luck to u2
~Dask
more...
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Picasa
08-13 08:01 AM
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
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p1234
10-05 11:44 PM
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
more...
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hopelessGC
11-12 04:48 PM
The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Correct, just the passport. Visa is not checked when traveling withing the US.
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Correct, just the passport. Visa is not checked when traveling withing the US.
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H1B2GC
09-30 07:24 PM
Option 1:
You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.
Option 2:
You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.
If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.
You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?
You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.
Option 2:
You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.
If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.
You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?
more...
youtube icon png. youtube icon png,
dilipb
02-13 11:30 AM
My 485 receipt Date is July 5, 2007. Today i got a mail saying they have sent an RFE on my 485 App. It could be for Original Employment Letter as i sent a copy of the letter.
FYI my PD is Sep, 2006 EB2 India
This does mean that they are processing applications since processing date has jumped to 18/19 july 2007. But I think even if you furnish missing information to them, they will say everything is okay, but since currently PD is not current, they will just keep your application ASIDE. and continue processing other applications. They will really give us a GC - I DONT KNOW WHEN....I am seriously thing 2-3-4-5 years!
SAD.
FYI my PD is Sep, 2006 EB2 India
This does mean that they are processing applications since processing date has jumped to 18/19 july 2007. But I think even if you furnish missing information to them, they will say everything is okay, but since currently PD is not current, they will just keep your application ASIDE. and continue processing other applications. They will really give us a GC - I DONT KNOW WHEN....I am seriously thing 2-3-4-5 years!
SAD.
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number30
11-24 04:06 AM
Hi All,
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
Usualy Following is the list
AP application
2 photos Photo
Check
I-94
A letter explaining why you need AP(sample letters from ),
Copy of I485 receipt
Covering letter
Copy of Arrpoved I-140
Marriage certificate
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
Usualy Following is the list
AP application
2 photos Photo
Check
I-94
A letter explaining why you need AP(sample letters from ),
Copy of I485 receipt
Covering letter
Copy of Arrpoved I-140
Marriage certificate
more...
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paragpujara
10-24 03:12 PM
I am 2nd July filer. My EAD got approved on 08/30/2007 but no updates on FP or AP. I guess there are many others with the same situation. USCIS is sending FP randomly.
youtube icon png. Facebook#39;s business
sachug22
07-16 01:51 PM
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
more...
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eager_immi
06-20 07:39 PM
My Lawyer put the A# from the EAD used during OPT. She put OPT in brackets and mentioned to me that USCIS will change this A#.
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GCaspirations
09-21 10:46 PM
Hazishak,
did you receive the finger print notice?
did you receive the finger print notice?
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ivgclive
10-29 01:53 PM
Because,
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
n4nature
02-05 12:37 PM
Actually I am from one of those "hate times" of 2001-recession and then since I was not one of those so called (by you) "hate groups", was able to manage into development eventually.
So from now on please refrain from vomiting your frustrations online and rather talk to the people whom you dislike and may be they could help you.
Sorry for your thinking but thanks for your post though!
So from now on please refrain from vomiting your frustrations online and rather talk to the people whom you dislike and may be they could help you.
Sorry for your thinking but thanks for your post though!
nashim
07-16 04:06 PM
1) Yes
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
