file485
07-08 10:01 PM
Very insightful.
So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.
In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..
this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!
So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.
In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..
this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!
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Saralayar
08-05 11:14 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.
Well said. But in a little rude way.
santb1975
09-29 11:17 AM
I am really frustrated being in this limbo after spending more than 10 years of my life here. This great land has given a lot to me and I really want to be part of this great nation and contribute to this land all my life. However, with my status still being temporary after 10 years it does not seem logical to make long term plans or make any investments in here.
This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
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ilikekilo
03-25 04:27 PM
lol...you are right..
but dont know... I am going by hunch..I hope not to regret..:)
None of my business as to what you do but U not going thru a lawyer seems counter intuitive to me.. not sure why u r taking chances to see whether you would regret or not? anyways good luck man..
but dont know... I am going by hunch..I hope not to regret..:)
None of my business as to what you do but U not going thru a lawyer seems counter intuitive to me.. not sure why u r taking chances to see whether you would regret or not? anyways good luck man..
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aadimanav
07-14 05:43 PM
Please participate in this non-controversial (EB1 vs. 2 vs. 3 and Row vs. Non-Row Compatible) campaign.
http://immigrationvoice.org/forum/showthread.php?t=20190
Thanks,
http://immigrationvoice.org/forum/showthread.php?t=20190
Thanks,
SunnySurya
08-05 11:21 AM
You certainly made yourself very clear. You are the most logical person , I have ever come accross. :p
Labor substition was never yours to begin with...
EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)
let me explain with example my friend:
there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...
now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)
now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...
so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..
i guess i made myself clear..;)
Labor substition was never yours to begin with...
EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)
let me explain with example my friend:
there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...
now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)
now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...
so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..
i guess i made myself clear..;)
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raj2007
04-15 09:56 PM
The evidence is overwhelming. The housing will go down so much that there will be hard lessons learned. No one will talk about investing in housing for a long time. I want to buy a house too. I just don't think you pay whatever the inflated price is demanded and throw away my hard earned money. You pay what is worth. Why do you insist that everyone has to participate in this ponzi scheme:confused: and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.
TX and NC didn't went up much during bubble so it should be fine to buy there.
CA is really getting down.
http://www.latimes.com/business/la-fi-homes16apr16,0,1614205.story
TX and NC didn't went up much during bubble so it should be fine to buy there.
CA is really getting down.
http://www.latimes.com/business/la-fi-homes16apr16,0,1614205.story
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file485
07-08 04:35 PM
thanks UN..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
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nojoke
05-03 02:33 AM
NAR has been constantly changing their prediction. They predicted that we will be having growth in the later part of this year. Now they changed their tune. It is now 24% down. Nextmonth they will say 35% down. NAR is a joke
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/
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sandy_anand
05-30 04:56 PM
There are certain members who are intransigent about their support for the Durbin-Grassley bill.
Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.
Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.
The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.
So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.
So enjoy the good times and take potshots at consultants while you can afford to.
Well said Riva2005!
Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.
Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.
The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.
So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.
So enjoy the good times and take potshots at consultants while you can afford to.
Well said Riva2005!
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chanduv23
03-23 03:50 PM
well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US
So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.
So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.
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WantGCQuick
06-08 10:11 AM
I think nowadays you can get great deals in suwanee area, but in alpharetta area (ATLANTA) which is couple of exits towards the city on 400 highway.. are still selling for 400K..I am talking about 3000 sq ft, houses.. I got a quote for 420K with basement 3070 sqft.. with decent upgrades...
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
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srikondoji
09-26 02:48 PM
I have spent 10 years in the hope that i will able to get a GC soon and settle down. I eagerly waited for a change in the EB category of the Immigration system. This change didn't happen in the Clinton administration nor in the Bush administration. I also don't see this happening in the next administration that is going to take over this country soon.
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
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xyzgc
12-26 06:17 PM
Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.
Like this thread. I'm no defence strategist either but its good to read this.
Like this thread. I'm no defence strategist either but its good to read this.
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sanju
12-26 11:06 PM
In modern times, wars between nations are not started in days or weeks. Wars are not based on one event. There is a systematic three stage process to go to war and for a nation to convince the majority of the society/nation that the other guy is pure evil and your mortal enemy. Society in Pakistan is based on their haterade towards Indians. For many years children in Pakistan were taught that Indians are evil, their belief system is barbaric, and their existence means that Islam is in danger. That was the reason some of us saw posts on this forum talking about sati system in Hinduism or some others Pakistanis saying that Hindus are attacking Muslims in India, and then other Pakistanis talking about Modi, VHP and Bajrang Dal. The first step for creating a war involves propaganda within the population of the country that your enemy is evil. Pakistan has been doing this preparation very systematically for sometime.
Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.
The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.
The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.
For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.
If the war begins, this will be my last post.
Adios
.
Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.
The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.
The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.
For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.
If the war begins, this will be my last post.
Adios
.
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mrajatish
07-08 10:07 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
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lfwf
08-05 03:53 PM
If that's the law then there is not much of a debate here!
I think admin should close the thread as the point of a lawsuit is moot.
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
I think admin should close the thread as the point of a lawsuit is moot.
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
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shuyaib
12-23 04:19 PM
It seems there are enough pathetic liars who are propagating lies like "99% of terrorist are muslims" (ever heard of bodo, tamil tigers, Khalistan movement, BJP, VHP, SP?) , or about population of muslims in india... have you done a survey? Or perhaps the government deliberately cooked demographics to upease brahman dominance? It seems quite convincing reading your comments that a particular segmant of hindu group carries very deep hatred of muslims in them and propagate it by lies, murder and debauchary... wonder who you god(s) are, or is godse your god!
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nogc_noproblem
08-26 08:54 PM
Recent Quips form Late Night
"Yesterday, President Bush announced there are going to be some big changes in intelligence in the White House. Yeah, he's leaving." --Jay Leno
"Yesterday, Bill Clinton was giving a speech, he told a group of supporters that his wife Hillary is the person he most wants to spend time with. Yeah, apparently Clinton likes to start every speech with a joke, sort of loosen things up a little bit, get people happy, relaxed." --Conan O'Brien
"But I think the U.S. is going to do well, particularly in swimming, I think we have a very strong swimming time this year for the Olympics, yeah, that's right. Dick Cheney in particular looks great in the freestyle waterboarding." --David Letterman
"Well listen, Barack Obama accused Republicans of trying to make others fear him, because, and I quote, he 'doesn't look like the other presidents on the dollar bill.' So the choice is, do you want to elect a guy who doesn't look like the president on the dollar bill, or do you want to elect a guy who looks older than the president on the dollar bill?" --Jay Leno
"John McCain's daughter announced she's writing a children's book based on her father's life. I think that's very nice, yeah. The children's book is called 'James and the Giant Prostate.'" --Conan O'Brien
"Yeah that's the big talk, they say Barack Obama could decide to go with another woman. See that's what killed John Edwards' chances of being VP, he decided to go with another woman." --Jay Leno
"Yesterday, President Bush announced there are going to be some big changes in intelligence in the White House. Yeah, he's leaving." --Jay Leno
"Yesterday, Bill Clinton was giving a speech, he told a group of supporters that his wife Hillary is the person he most wants to spend time with. Yeah, apparently Clinton likes to start every speech with a joke, sort of loosen things up a little bit, get people happy, relaxed." --Conan O'Brien
"But I think the U.S. is going to do well, particularly in swimming, I think we have a very strong swimming time this year for the Olympics, yeah, that's right. Dick Cheney in particular looks great in the freestyle waterboarding." --David Letterman
"Well listen, Barack Obama accused Republicans of trying to make others fear him, because, and I quote, he 'doesn't look like the other presidents on the dollar bill.' So the choice is, do you want to elect a guy who doesn't look like the president on the dollar bill, or do you want to elect a guy who looks older than the president on the dollar bill?" --Jay Leno
"John McCain's daughter announced she's writing a children's book based on her father's life. I think that's very nice, yeah. The children's book is called 'James and the Giant Prostate.'" --Conan O'Brien
"Yeah that's the big talk, they say Barack Obama could decide to go with another woman. See that's what killed John Edwards' chances of being VP, he decided to go with another woman." --Jay Leno
NKR
09-30 02:55 PM
I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.
How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.
How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.
qasleuth
03-24 02:55 PM
Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
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