aroranuj
04-19 01:30 PM
Can anyone please comment if the advise given by my attorney is accurates (ability to file new I-140 with the MTR/Appeal for the older I-140?
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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ramus
05-29 05:16 PM
You too good. I wish everybody does same.
Thank you so much..
You have atleast God to keep faith in. What about non-beleivers like me?
I am just keeping faith IV though.
fyi --
ramus and tikka ,just in case you may jump in, I already sent web faxes and mailed and ...
Thank you so much..
You have atleast God to keep faith in. What about non-beleivers like me?
I am just keeping faith IV though.
fyi --
ramus and tikka ,just in case you may jump in, I already sent web faxes and mailed and ...
tnite
08-09 10:51 PM
http://www.murthy.com/bulletin.html
Miss. Murthy reports that LS was rejected for some folks.
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?
you missed the word "wrongly" rejected.
Miss. Murthy reports that LS was rejected for some folks.
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?
you missed the word "wrongly" rejected.
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Saburi
02-12 04:56 PM
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
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bluekayal
02-27 12:31 AM
I tried putting our flyers at Pacific East Mall, but they only accept "rental" ads. bummer. But that doesn't mean some one else shouldn't try!
PD_Dec2002
05-29 04:07 PM
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
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dell123
07-07 07:22 PM
i am just putting an idea, lets plan some hunger strike (one day fast) under american flag for one day! to get justice and get mass media attention..
Just an idea.....
Just an idea.....
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shamu
01-11 09:46 PM
Dont worry...we are not alone. Infact, we (I and my wife) are going through this phase as we speak.
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
Thank you very much, I wish you both good luck.
I am trying to find options with hospitals with maternity plan.
thank you very much.
i will post my options and results in this forum which would be helpful for all.
once again thank you and thank you all!
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
Thank you very much, I wish you both good luck.
I am trying to find options with hospitals with maternity plan.
thank you very much.
i will post my options and results in this forum which would be helpful for all.
once again thank you and thank you all!
more...
swadeshi
08-31 01:50 PM
Congratulations! Though I don't know why it took you so many days, I could understand if it was the other way around (him explaining you). You should meet my wife and get some lessons. :) just kidding. Thanks for bringing in the whole team, great spirit.
If you are getting your wife along, I would like to meet her for a cup of coffee (after the rally) and well mebbe I can get some pointers of wisdom or a quick course on " How to make ones husband listen"!! Just kidding!!;)
I will PM you my contact details, lets do meet up at DC.
If you are getting your wife along, I would like to meet her for a cup of coffee (after the rally) and well mebbe I can get some pointers of wisdom or a quick course on " How to make ones husband listen"!! Just kidding!!;)
I will PM you my contact details, lets do meet up at DC.
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Legal
07-17 08:42 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
It is still some progress. Since June 13 th these arguments have been repeatedly brought up by people who already have a pending 485. No one ever said the fight is over or everything will be hunky dory.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
It is still some progress. Since June 13 th these arguments have been repeatedly brought up by people who already have a pending 485. No one ever said the fight is over or everything will be hunky dory.
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desi3933
07-19 05:09 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
http://immigrationvoice.org/forum/showpost.php?p=125382&postcount=143
and
http://immigrationvoice.org/forum/showpost.php?p=103863&postcount=71
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
______________________
Not a legal advice.
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asindu
07-14 09:07 PM
Please dont talk BS if you do not even know who i am...i'm a member of this group since the start!!! So you have no right to say stuff you don't even know..i'm really tired of people being selfish and not caring about kids who do age out. Some children need this because they do become illegal, like myslef eventhough we we're legal...it doesnt harm you guys...so please help the dream act effort!!!
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frustratedH4
07-02 03:18 PM
Medical Fees: $480
Attorney Fees: $1500
Photographs: $50
USCIS Fee: $1490
Attorney Fees: $1500
Photographs: $50
USCIS Fee: $1490
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kevinkris
01-28 12:53 AM
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
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amit_p27
06-26 11:43 AM
First of all congratulations on arriving at a mile stone. But obviously it is not end of the journey.
It is also not a time to say "thanks and good bye" to IV. Consider the fact that IV has done a lot for us, at least by making Congress aware of our plight and giving the anti immigrationist some run for their money and at times making their heartbit to skip. It is a different matter whether we got the law passed to address our problem, we may not have that much power; a simple fact is that we do not have voting power and Indian-American or Chinese-American community is not 100% behind us.
But in times like this at least members like you should not leave IV. Then those who have made the dates temporarily current to divide us have just achieved their goals. Anti immigrationist and the writers of the senate amnesty for illegal aliens bill would smile after reading your post. In fact you should announce a one time donation to IV to celebrate your milestone and pledge your continuing support to IV.
Thanks.
___________________________
Donation $500+ and continuing
I am not saying Thanks and Good bye, As you see even after my GC I am still responding to your message. I am fully supporting the VI initiative. but the problem is that USCIS will do only what they think it is right and not what is really right. Me being in the Q for so long , I will never forget the Horrors of waiting for GC, even after getting the GC.
We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.
In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.
every one of us is a GOOD PRACTISING HINDU BECAUSE WE LIVE LIFE WITH OUR DHARMIC VALUES AND PRINCIPLES. IT IS TIME TO COME TOGATHER AND IMPLEMENT THOSE VALUES AS A HINDU SOCIETY.
thanks for your suggestion i really appreciate that.
:)
It is also not a time to say "thanks and good bye" to IV. Consider the fact that IV has done a lot for us, at least by making Congress aware of our plight and giving the anti immigrationist some run for their money and at times making their heartbit to skip. It is a different matter whether we got the law passed to address our problem, we may not have that much power; a simple fact is that we do not have voting power and Indian-American or Chinese-American community is not 100% behind us.
But in times like this at least members like you should not leave IV. Then those who have made the dates temporarily current to divide us have just achieved their goals. Anti immigrationist and the writers of the senate amnesty for illegal aliens bill would smile after reading your post. In fact you should announce a one time donation to IV to celebrate your milestone and pledge your continuing support to IV.
Thanks.
___________________________
Donation $500+ and continuing
I am not saying Thanks and Good bye, As you see even after my GC I am still responding to your message. I am fully supporting the VI initiative. but the problem is that USCIS will do only what they think it is right and not what is really right. Me being in the Q for so long , I will never forget the Horrors of waiting for GC, even after getting the GC.
We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.
In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.
every one of us is a GOOD PRACTISING HINDU BECAUSE WE LIVE LIFE WITH OUR DHARMIC VALUES AND PRINCIPLES. IT IS TIME TO COME TOGATHER AND IMPLEMENT THOSE VALUES AS A HINDU SOCIETY.
thanks for your suggestion i really appreciate that.
:)
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singhsa3
01-04 12:18 PM
You then probably will be found with a big hat in your hand wandering around in NY subways.
Question.
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
Question.
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
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makeup The Mighty Boosh: boosh1
CT_Green
07-10 10:16 AM
If everyone agrees we should have a media camapign where we contact all the media outlets and let them know how CNN is providing air time to Lou Dobbs for his own propoganda against legal immigrants.
CNN should be ashamed of themselves for not providing fair reporting based on facts.
CNN should be ashamed of themselves for not providing fair reporting based on facts.
girlfriend might oosh pictures
brav
11-29 08:10 PM
Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?
Thumbs up to IV and everyone involved in making this happen.
The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?
Thumbs up to IV and everyone involved in making this happen.
hairstyles The Mighty Boosh Future
Horace Jones
07-30 04:46 PM
I agree with most of the comments, the backlog definitely seems to be the overbearing issue here. The USCIS has faced a great deal of criticism because of this backlog, which many people argue is highly unfair. This article explains what I am talking about: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)
GCInThisLife
07-19 04:00 PM
If it is of any consolation, though not required, I did submit employment letter along with her I485 from my wife's company which states her current salary and that employer is willing to provide employment till her H1B approval expires.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
qualified_trash
12-13 04:05 PM
It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
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