kg318
04-22 09:44 PM
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
wallpaper makeup justin ieber dougie
alisa
12-12 12:24 AM
in one of the threads its said that all 90 senators had agreed to pass the SKIL as against one who did not (sen sessions) and since lame duck required unanimous voting it cud not, but when the demo's bring it up early next year, they would not need an unanimous vote on it but a majority vote? so statistically it sud get through? how far off am i on this?
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
apb
09-07 06:06 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
2011 justin bieber dougie. ieber
jsb
11-02 11:56 AM
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
more...
Macaca
07-08 10:57 AM
Found this from Chinese website:
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
http://www.mitbbs.com/article_t/Immigration/22918275.html
Is it possible to put IV nicks on persons in the pictures? Thanks!
kondur_007
07-28 01:11 PM
OK. So now we are fighting between EB2-India and EB3-India, are we?
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
I am sorry if it felt like fight Lasantha.
The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.
If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".
Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
A strategy that would benefit everyone : may it be EB1, EB2 or EB3.
This is all about looking forward...
And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.
What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.
I dont know how else to make my point...
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
I am sorry if it felt like fight Lasantha.
The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.
If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".
Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
A strategy that would benefit everyone : may it be EB1, EB2 or EB3.
This is all about looking forward...
And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.
What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.
I dont know how else to make my point...
more...
vgayalu
06-26 04:00 PM
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
2010 + dougie dance. ieber gif. by
neerajkandhari
10-08 07:06 PM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
more...
GCKaIntezar
06-07 11:21 AM
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
Per my attorney - If the I140 approval came from TSC, you can send your AOS to TSC directly. Hope this helps.
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
Per my attorney - If the I140 approval came from TSC, you can send your AOS to TSC directly. Hope this helps.
hair ieber dougie gif. justin ieber
kalyan
06-22 01:21 PM
this is the height of Desi consulting companies i.e body shoppers, blood suckers.
Guys, try to make a difference of moving from DESI hitch hock companies.
Good luck
Guys, try to make a difference of moving from DESI hitch hock companies.
Good luck
more...
Rohan99
09-25 09:37 PM
yes, it reached at 9.03am and was received by R.William
Can you let us know if they respected your RN july 3rd?
Can you let us know if they respected your RN july 3rd?
hot pictures 2011 justin bieber
Mohit_Malkani
09-14 06:01 PM
As of September 14, 2007, USCIS has completed data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
more...
house ieber dougie gif. house ieber
desi3933
06-28 11:47 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
tattoo Tagged as: jaden smith. justin
saro28
09-09 08:21 PM
I don't see this visa bulletin published in USCIS site yet. Could the dates be mistake?
I noticed that the date is not complete at bottom of bulletin
September 9, 200
I noticed that the date is not complete at bottom of bulletin
September 9, 200
more...
pictures Time twitter picsjustin bieber
vjkypally
11-21 12:57 PM
God Bless Brother. Entire GC and everything else is so meaningless in front of what you are facing. Please keep the faith.
dresses Tagged: justin bieber
dtekkedil
07-05 01:37 PM
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
How can it be a security breach if we inform the media what we are doing? Besides... we are not the ones physically delivering those flowers! It is the florists! We are just ordering them!
I hope they don't create any panic but even if they do it is still news! Isn't that what we are trying to achieve?
They might just create panic out of innocent lovely flowers.
How can it be a security breach if we inform the media what we are doing? Besides... we are not the ones physically delivering those flowers! It is the florists! We are just ordering them!
I hope they don't create any panic but even if they do it is still news! Isn't that what we are trying to achieve?
more...
makeup gif. justin bieber dougie
GC_Applicant
07-20 03:21 PM
Anzeeraja,
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
girlfriend hair justin bieber dougie
hindu_king
05-08 04:15 PM
Reeves & Associates (California) has experience filing class action lawsuit against USCIS. His initial consultation fees is $100. For $100, he can at least tell us
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
hairstyles justin ieber dougie.gif
JunRN
09-12 07:43 PM
You could be looking at the wrong Service Center for the Receipting Update.
For example, you sent your application to NSC and now, you're looking at NSC Receipting Update which tells us "July 29"....and you question, I sent my application on July 5, why until now I don't have my receipts?
The most logical answer is that if your application was sent to NSC but transferred to TSC; you should look at TSC Receipting Update which says "July 2".
For example, you sent your application to NSC and now, you're looking at NSC Receipting Update which tells us "July 29"....and you question, I sent my application on July 5, why until now I don't have my receipts?
The most logical answer is that if your application was sent to NSC but transferred to TSC; you should look at TSC Receipting Update which says "July 2".
svgupta
05-23 12:43 PM
For those of you, who are still just browsing through the threads... wake up... this is the time when you can make a difference to NOT just your life... but others as well... who would thank you for your sincere efforts in fixing the broken immigration.
- Send emails
- Contribute
- Focus on burning issues, by avoiding to start a new low priority personal opinion threads/ seeking advice. You'll have all the time in this world later to have your personal queries answered
- Send emails
- Contribute
- Focus on burning issues, by avoiding to start a new low priority personal opinion threads/ seeking advice. You'll have all the time in this world later to have your personal queries answered
immigrationvoice1
03-26 10:23 AM
Any comment from anyone?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
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