at0474
12-14 01:09 PM
Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
--Cheers!
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
--Cheers!
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El_Guapo
01-14 01:13 PM
The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
msp1976
02-14 06:55 PM
On the USCIS site there is a statistics section and there are many xls files there that you can refer to....
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srkamath
07-30 09:10 AM
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
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abracadabra102
09-03 09:20 PM
The epitaph,
"No better friend, No worse enemy"
fits YSR nicely.
"No better friend, No worse enemy"
fits YSR nicely.
dilipcr
06-11 05:11 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
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alexanderthegreat
10-17 09:34 AM
Hello everyone,
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
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Rohan99
07-27 03:29 PM
Kishmunn .... you take the bull by the horns.
So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:
Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
Your mouthfull of garbage does not change the law
So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:
Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
Your mouthfull of garbage does not change the law
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bfadlia
02-16 12:33 PM
There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.
Again it is a mixture of all kind of types coming through the consultants.
So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.
mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.
i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.
Again it is a mixture of all kind of types coming through the consultants.
So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.
mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.
i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.
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venetian
05-17 12:27 AM
Your statement completely misleads and not true.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
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ita
03-30 02:37 PM
Though you don't seem to be very articulate about Indian political scenario let me ask you didn't you know why nuclear deal was/is always called controversial?Why it was not at all popular among the masses
In Telugu apparently there is a saying coming from during the Nawab days in Hyd.
It translates to this..
A honorable pretty woman spotted by Nawab was given the ultimatum to either join his harem (where of course she will be showered with all luxuries) or she will be branded slut.
I don't know if I'm missing something but this pretty much explains Nuclear deal. Only time will tell what luxuries country will reap from it.
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
In Telugu apparently there is a saying coming from during the Nawab days in Hyd.
It translates to this..
A honorable pretty woman spotted by Nawab was given the ultimatum to either join his harem (where of course she will be showered with all luxuries) or she will be branded slut.
I don't know if I'm missing something but this pretty much explains Nuclear deal. Only time will tell what luxuries country will reap from it.
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
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coralfl
07-10 11:24 AM
Congrats and Good luck ByeUsa.
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pmat
05-11 01:35 PM
What happens to the money contributed to US Social security if you move to Canada (for stays < 10 yrs in US). Can you transfer the social security to Canadian system?
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grupak
02-15 03:41 PM
Excellent point brother!
Talking about diversity, those not familiar should take a look at an Indian currency note.
Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).
The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.
So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.
Talking about diversity, those not familiar should take a look at an Indian currency note.
Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).
The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.
So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.
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vallabhu
10-29 12:23 PM
I like the idea I dont know if this is already discussed but one thought I would like to share
Because it is for sure that Congress will not Agree to give away GC with out wait time so we should show them some thing more attractive than just initial short term plan of investing on a home and getitng a GC what if some buys a home gets a GC and then sell it off for a 10-15 grand less prise I am ok to loose 15 Grand if I can get to apply 485 overnight.
We make it attractive and more meaning full for economy and to congreess by saying we will buy a home make payments for 3 to 5 years without delinquency to apply for 485.
Just a thought.
Because it is for sure that Congress will not Agree to give away GC with out wait time so we should show them some thing more attractive than just initial short term plan of investing on a home and getitng a GC what if some buys a home gets a GC and then sell it off for a 10-15 grand less prise I am ok to loose 15 Grand if I can get to apply 485 overnight.
We make it attractive and more meaning full for economy and to congreess by saying we will buy a home make payments for 3 to 5 years without delinquency to apply for 485.
Just a thought.
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gc_lover
06-27 03:54 PM
So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07
Dates are already current. How much forward you want these dates to move. I don't think it will go in future :)
Dates are already current. How much forward you want these dates to move. I don't think it will go in future :)
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sunny1000
12-13 05:17 PM
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB2 their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity. Which brings me to the main point, which is it may be inconvenient, and it may be uncomfortable, but immigration has, does and perhaps for the foreseeable future will have racial undertones.
I guess with Dems in control, that H1 quota could happen soon...:)
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB2 their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity. Which brings me to the main point, which is it may be inconvenient, and it may be uncomfortable, but immigration has, does and perhaps for the foreseeable future will have racial undertones.
I guess with Dems in control, that H1 quota could happen soon...:)
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amitga
10-17 02:00 PM
I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.
I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.
Try to get a job offer, before you move into Canada.
I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.
Try to get a job offer, before you move into Canada.
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gc28262
07-27 02:43 PM
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't think it is legal to work in QXtar when you are on H1B. When you are an IBO ( Independent Business Owner), you are running your own business. I don't think that is allowed on H1B.
Checking IRS doesn't make sense from an H1Bs perspective as IRS has got nothing to do with H1B laws. All they do is make sure you are paying your taxes.
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't think it is legal to work in QXtar when you are on H1B. When you are an IBO ( Independent Business Owner), you are running your own business. I don't think that is allowed on H1B.
Checking IRS doesn't make sense from an H1Bs perspective as IRS has got nothing to do with H1B laws. All they do is make sure you are paying your taxes.
smuggymba
01-15 03:24 PM
I trust the talent of desi dallas, they will come up with a way to circumvent this:D
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
inthehole
07-21 09:54 PM
I apologize if this question has been answered before.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
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