raju6855
02-07 12:59 PM
Try calling the DOS and explaining then what's going on and see who you can call to check the status next.
The lawyers email is text book response and may not help you much.
If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!
The lawyers email is text book response and may not help you much.
If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!
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surachi
01-16 04:00 PM
Any updates on this issue?
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
Sakthisagar
11-11 09:21 AM
I do not know whether this can be done, always consult with an attorney.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
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shana04
02-07 04:18 PM
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.
Do not worry.
And Finallly good luck to you.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.
Do not worry.
And Finallly good luck to you.
more...
21stIcon
12-21 06:33 AM
What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
jthomas
05-06 04:04 PM
ganguteli,
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)
more...
dba9ioracle
09-15 03:10 PM
Nice idea.. I am for it.
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ujjvalkoul
05-01 01:56 PM
Does - Emergency Appoinment include - people already working in US ? are you sure ?
Yes it does, if you go to book the appoint (emergency) or view dates available for emergency appts (on vfs visa website) , it lists the Examples for emergency appointments and include ppl who are already in US and need to go backto join their work
Yes it does, if you go to book the appoint (emergency) or view dates available for emergency appts (on vfs visa website) , it lists the Examples for emergency appointments and include ppl who are already in US and need to go backto join their work
more...
eb3India
05-22 09:22 AM
Admin,
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
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aravindhome
04-29 01:02 PM
Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
more...
redcard
08-23 11:29 AM
I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
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varshadas
04-21 03:56 PM
I am not sure which location you went to. I went to the infopass in Newark, NJ and I was able to get status on name check. They could not give any other information, but they were able to tell me that my name check was complete.
As mentioned in an earlier post, you can always leverage your Congressman.
Thanks
Varsha
As mentioned in an earlier post, you can always leverage your Congressman.
Thanks
Varsha
more...
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acsouza
03-20 07:15 PM
Yes I believe the HR department is wrong in this case.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.
I am researching this further once I get some more information from DHS I will be arguing with HR again.
Thanks Euclid.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.
I am researching this further once I get some more information from DHS I will be arguing with HR again.
Thanks Euclid.
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thomachan72
03-31 03:31 PM
Congrats. Don't lose it. Enjoy your freedom.
What about you? your PD is current right? any chance that you will get it soon?
What about you? your PD is current right? any chance that you will get it soon?
more...
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Hermione
09-25 12:52 PM
EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.
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pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
more...
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tikka
08-08 12:07 PM
^^^^^^^^^^
Lets move people!!
Lets move people!!
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lazycis
02-13 01:02 PM
"Amnesty to LEGAL immigrants!"
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gc_kaavaali
11-14 04:13 PM
do you know my employer user name?
Your employer gave you a red mark.
Your employer gave you a red mark.
xela
06-14 11:56 AM
I just checked on my service request and after 2 weeks they still have not done anything, no updates on case no fp notice nothing since April 30th...and here they received it on April 16th....
I am not sure i need a fp notice, I simply hoped that they would look at the EAd if I put in a service request, because they have been sitting on it
I also was told by this lady that the 90 days turnaround of EADs is just an estimate and I need to wait 45 days for a response on my service request....well i am on 60 days for EAd now so 60 plus 45 thats 105 and I cannot afford them messing around this long!!!!!
:confused:
I am not sure i need a fp notice, I simply hoped that they would look at the EAd if I put in a service request, because they have been sitting on it
I also was told by this lady that the 90 days turnaround of EADs is just an estimate and I need to wait 45 days for a response on my service request....well i am on 60 days for EAd now so 60 plus 45 thats 105 and I cannot afford them messing around this long!!!!!
:confused:
hary536
05-20 11:28 PM
Dear Parshanthi Mam,
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
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