optimist
06-11 10:00 AM
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
Sorry to hear about your case. Trust me, such liability suits are extremely common these days in America, and there is no cause for alarm as long as you take all the necessary steps.
If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.
The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.
Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.
Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.
I have some links for you to look at:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
http://www.laborlawtalk.com/showthread.php?t=111066
http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
http://ask.metafilter.com/18037/Insurance-Company-Woes
http://www.ashcraftandgerel.com/autoacc.html
http://www.psp-interactive.com/issues/articles/2007-02_09.asp
http://www.rbs2.com/cc.htm
http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402
Good Luck!
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
Sorry to hear about your case. Trust me, such liability suits are extremely common these days in America, and there is no cause for alarm as long as you take all the necessary steps.
If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.
The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.
Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.
Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.
I have some links for you to look at:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
http://www.laborlawtalk.com/showthread.php?t=111066
http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
http://ask.metafilter.com/18037/Insurance-Company-Woes
http://www.ashcraftandgerel.com/autoacc.html
http://www.psp-interactive.com/issues/articles/2007-02_09.asp
http://www.rbs2.com/cc.htm
http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402
Good Luck!
wallpaper I Miss You Dear.
kavita
12-30 11:26 AM
www.change.gov is open for questions: round two.
You can post a question and vote on others' questions.
We may not lead in voting or number of questions, but still should do our best. Lets not give an impression to this transition team that EB immigrants are not suffering from backlogs or are not concerned enough.
You can post a question and vote on others' questions.
We may not lead in voting or number of questions, but still should do our best. Lets not give an impression to this transition team that EB immigrants are not suffering from backlogs or are not concerned enough.
NNReddy
04-18 06:55 PM
BelmontBoy,
You didn't answer my question. Can you work for two companies processing your green card at the same time. I am working for employer A for 13 years and EB3 green card process pending for 8 years. Now while working for Company A, Can I start green card process through Company B(for part time work) and do porting to EB2? Please clarify. I am not intending to quit immediately after getting Green Card, I will work for 6 months after Green card for Company B(for part time)?
Is this legal to work full time for one company and part time for another company(I have EAD), both of them are processing green card at the same time? Is there a chance of getting RFE's OR Is there a chance of getting your original application getting rejected because of multiple employments and two green card process's at the same time.
Thanks
NN
You didn't answer my question. Can you work for two companies processing your green card at the same time. I am working for employer A for 13 years and EB3 green card process pending for 8 years. Now while working for Company A, Can I start green card process through Company B(for part time work) and do porting to EB2? Please clarify. I am not intending to quit immediately after getting Green Card, I will work for 6 months after Green card for Company B(for part time)?
Is this legal to work full time for one company and part time for another company(I have EAD), both of them are processing green card at the same time? Is there a chance of getting RFE's OR Is there a chance of getting your original application getting rejected because of multiple employments and two green card process's at the same time.
Thanks
NN
2011 I miss you my dear
chantu
09-17 01:29 PM
are you sure?
If today its approved in the house..we are done..it goes the Prez for signing and we all add another card to our wallets:o
If today its approved in the house..we are done..it goes the Prez for signing and we all add another card to our wallets:o
more...
anzerraja
07-19 08:48 PM
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Imagine if Uncle Sam held an auction to allow you to submit I485 EAD AP, what would you have bid for the right to submit?
Maybe $640, $6,400, or even $64,000?
If Uncle Sam charged a fee to submit now rather than waiting for another year or two or three... What would you have paid to submit I485 and get EAD AP AC21?
Alternatively, how much are you going to benefit from EAD AP or AC21?
AC21 -- maybe ability to move jobs and get a few thousand $ pay rise?
AC21 -- maybe not going to the back of the queue -- really worth thousands!
EAD for you and spouse -- maybe a week of salary for someone that could not previously work?
AP -- how much is it worth not to have to waste time and money renewing H1B at an embassy. That's at least a few days of time you don't have to waste (and time is money).
How much will you save from filing under the old fee structure? At least a few hundreds.
Now use that as a guideline for what you are going to contribute to IV.
There are still problems ahead for most....
* retrogression
* BECs for unluck some
* name checks (I personally know someone that it took almost 2 years for).
IV is now the most credible organization there to help get these issues addressed. So let's hand over the $.
(me about $1K so far plus time)
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Imagine if Uncle Sam held an auction to allow you to submit I485 EAD AP, what would you have bid for the right to submit?
Maybe $640, $6,400, or even $64,000?
If Uncle Sam charged a fee to submit now rather than waiting for another year or two or three... What would you have paid to submit I485 and get EAD AP AC21?
Alternatively, how much are you going to benefit from EAD AP or AC21?
AC21 -- maybe ability to move jobs and get a few thousand $ pay rise?
AC21 -- maybe not going to the back of the queue -- really worth thousands!
EAD for you and spouse -- maybe a week of salary for someone that could not previously work?
AP -- how much is it worth not to have to waste time and money renewing H1B at an embassy. That's at least a few days of time you don't have to waste (and time is money).
How much will you save from filing under the old fee structure? At least a few hundreds.
Now use that as a guideline for what you are going to contribute to IV.
There are still problems ahead for most....
* retrogression
* BECs for unluck some
* name checks (I personally know someone that it took almost 2 years for).
IV is now the most credible organization there to help get these issues addressed. So let's hand over the $.
(me about $1K so far plus time)
chicago60607
09-17 11:24 AM
Started finallyyyyyyyyy ........... but no audio yet
more...
Saikrishna
07-19 11:25 AM
Thanks to GOD for helping him in order to help us regarding with all our immigration problem...
Sure and will do some contribution (on this website)soon to him and IV core team for their fruitless efforts.
ONE REQUEST FOR EVERYONE - Please contribute some money from your pockets to Aman ASAP and make him happy...
PRAISE THE LORD !!!
Sure and will do some contribution (on this website)soon to him and IV core team for their fruitless efforts.
ONE REQUEST FOR EVERYONE - Please contribute some money from your pockets to Aman ASAP and make him happy...
PRAISE THE LORD !!!
2010 hair Miss you dear miss you
chanduv23
02-01 12:54 PM
When I am trying to reqruit someone from dice, I see resumes that are heavily bloated to an extent. I see similar resumes with names changed and some words changed both from same city, so maybe they are from same consulting company, i have to dig through in detail to figure out a good resume and finally the chances are that I may have gone through a bloated resume are high.
One suggestion that is in above post is good, INS can releease skills associated with filing h1b petition and match with skills on resume.
One suggestion that is in above post is good, INS can releease skills associated with filing h1b petition and match with skills on resume.
more...
superdude
07-17 10:48 PM
Let us ask IV Core. Thier leadership has been awesome
hair ii loves my dear jiiajiia. lt;3
pd052009
04-04 08:29 PM
Bump
more...
willwin
06-19 05:29 PM
I am not sure willwin. Sorry :confused:
Please don't be. I am glad that I finally got a response!!
Please don't be. I am glad that I finally got a response!!
hot Miss You My Dear ecard - Miss
AuntyDan
02-12 08:13 PM
I am in eb3 row, have a job waiting for me in the usa, but i am in england, Have a PD of june 06, am terrified that my job offer will be withdrawn if i dont make some progress soon. Have had job offer for 1 year this week.
Could EB3 row become current soon.??
You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)
Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):
My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.
IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.
IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)
So some (hopefully) practical advice:
1) If you can get an H-1B now then do so
2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.
3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!
HTH, GL.
Could EB3 row become current soon.??
You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)
Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):
My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.
IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.
IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)
So some (hopefully) practical advice:
1) If you can get an H-1B now then do so
2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.
3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!
HTH, GL.
more...
house miss you miss you dear. i
santb1975
06-06 11:07 AM
Rep. Linda Sanchez has decided to co-sponsor our bills HR 6039 and HR 5882. Thanks to our dedicated members efforts. I also got a call back from another Rep's office. Hopefully they will become our sponsors. Keeping fingers crossed for now
tattoo We will always miss you dear
gjoe
10-27 08:02 AM
THE POLL CHOICES HAVE BEEN TAMPERED BY THE MODERATOR. (CHOICES 3 and 4 were not in the original POLL)
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
more...
pictures miss you dear friend.
oliTwist
12-11 03:23 PM
Is there any place where we have the remedies mentioned for thsi mess?
I had used the points that I had sent to President's letter earlier.
Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
Allow visa revalidation in the United States.
Reinstate premium processing of Immigrant Petitions.
I had used the points that I had sent to President's letter earlier.
Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
Allow visa revalidation in the United States.
Reinstate premium processing of Immigrant Petitions.
dresses I really miss you terribly,
Leo07
12-03 10:14 AM
Paid membership irrespective of the amount of payment will drive away the people. With all dues respect to IV, there are defintely other places where you can get good(if not better) information for free.
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
more...
makeup miss you dear.
SGP
04-19 02:49 PM
Congrats. Enjoy your freedom.
girlfriend I Miss You Dear Friend
reddog
08-12 12:00 PM
done. thx for the poll.
hairstyles 2011 We miss you dear Amirah
realizeit
06-12 02:51 PM
I posted this before, but got nowhere (read: did not get the answer I hoped for), hopefully people with little bit more legalese can answer on this discrepancy.
According to 8usc 1153 (b)(3)A : "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
According to 8usc 1153 (b)(3)A : "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
mhathi
06-05 06:20 PM
Called all of the representatives on the list and left voicemails for legal reps. I have voted on the poll.
mhathi.
mhathi.
saurav_4096
10-09 05:47 PM
I have a valid H1 approval till 2011 and used AP for my previous india visit. Right now i am transfering my H1 to a new company.
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
