vxg
10-15 11:25 AM
Thanks. Can someone get me USCIS contact number to get the status on receipts.....
dial 1-800-375-5283
use option 1-2-2-6-2-2-1
BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.
dial 1-800-375-5283
use option 1-2-2-6-2-2-1
BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.
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chanduv23
07-31 11:10 AM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
I second that. EAD must be used only in dire circumstances like exploitative employer, low salary, layoff, fired, etc.. if you are having a decent job and good pay, you are better off to be on h1b as much as possible
I second that. EAD must be used only in dire circumstances like exploitative employer, low salary, layoff, fired, etc.. if you are having a decent job and good pay, you are better off to be on h1b as much as possible
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desibechara
06-20 01:03 AM
but what is notice of forward...in labor certification..the phone number is
written on the labor document..
PD 2001 Oct
TR..was about to convert it to RIR,,,but they started the process already..
DB
written on the labor document..
PD 2001 Oct
TR..was about to convert it to RIR,,,but they started the process already..
DB
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fide_champ
09-16 04:33 PM
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
more...
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nkavjs
11-15 10:04 AM
Lynne,
I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).
I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.
DPP
Hello : Pls. include me too. I am from Indypls.. (from Fishers)
Thanks
RPH
I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).
I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.
DPP
Hello : Pls. include me too. I am from Indypls.. (from Fishers)
Thanks
RPH
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Seems
02-13 05:46 PM
Legal Immigrants - Speak up!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
more...
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Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
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supender
03-23 01:58 PM
Legally you are only barred if you are unlawfully present over 180 days.And unlawful presence and out of status are two different things. If your visa has not expired and just your I-94 had a lapse period, you have'nt accumulated a single day of unlawful presence. However you have been out of status for around 10 months. I was in same situation as yours once and my first lawyer was clueless about difference between unlawful presence and out of status. Luckily I got advice from another lawyer who cleared things up for me. I went to India got my H1B visa stamped and came with no problem.
You should seek a good a lawyer, who know what he/she is talking about.
You should seek a good a lawyer, who know what he/she is talking about.
more...
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extra_mint
11-29 05:32 PM
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
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dipu76
06-01 08:11 PM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
more...
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nixstor
03-05 03:19 PM
I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
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chunky
07-27 09:45 AM
But the questions is will her 485 application abandoned if she applied for H4 in consulate.
I heard 485 is abandoned if you change status and come to US without AP.
Thanks
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
I heard 485 is abandoned if you change status and come to US without AP.
Thanks
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
more...
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easygoer
02-27 11:41 AM
Very logical answer covering all the related issues
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kalwinhobbess
08-28 06:16 PM
Its writern in the RFE. I got an RFE and in that letter its clearly mentioned by when you need to submit the required docs.
more...
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Riakapoor
09-16 04:10 PM
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
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chanduv23
10-15 08:02 AM
You are correct Chandu !.
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
more...
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sk.aggarwal
09-21 10:14 AM
I had been a sort of similar situation. My friend and I worked for different companies through the same consulting company. After my project finished, my friend recommended me to his employer and I got a full time position and joined them. My previous employer got to know about this and sued me for stupid and fake charges. I had to hire a lawyer and defend myself and it was finally settled. During the course, I spent over 8K in attorney fees and 10K was settlement amount. Cost could have crossed 20K more in attorney fees if I would not have settled and it would have gone to litigation.
Moral of the story: Law Suits are expressive and scumbag companies don't care. Do what you can to avoid confrontation. I am not trying to scare you but things can turn nasty. You may just want to talk to your old company and try to reason with them. Good Luck with what you do.
Moral of the story: Law Suits are expressive and scumbag companies don't care. Do what you can to avoid confrontation. I am not trying to scare you but things can turn nasty. You may just want to talk to your old company and try to reason with them. Good Luck with what you do.
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prem_goel
04-17 04:19 PM
You can file a small claim in the county your employer is based at for not paying you your salary. That way, the document becomes a public record. If in future anyone wants to see if there were any lawsuits filed against your employer, it'll show up.
The small claim trials are also held rather quickly, like within 30-45 days from the day you file. The filing fees are usually minimal. It depends on your county. Usually those are also recoverable, along with the time you spent on filing it.
I guess I am stressing this since these cases are public records and a copy is sent to the libraries of high court/supreme court here.
The small claim trials are also held rather quickly, like within 30-45 days from the day you file. The filing fees are usually minimal. It depends on your county. Usually those are also recoverable, along with the time you spent on filing it.
I guess I am stressing this since these cases are public records and a copy is sent to the libraries of high court/supreme court here.
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meridiani.planum
03-28 11:30 AM
I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.
I think we will move even more now. Looking at how premium processing is not back, and how many approvals have come on , USCIS may not have approved as many visas as they had hoped. instead of having another highly visible wastage of visa numbers dates will move big-time and lots of people with later PDs, but who have simpler cases will get approvals fast.
I think we will move even more now. Looking at how premium processing is not back, and how many approvals have come on , USCIS may not have approved as many visas as they had hoped. instead of having another highly visible wastage of visa numbers dates will move big-time and lots of people with later PDs, but who have simpler cases will get approvals fast.
gc_in_30_yrs
12-21 08:28 AM
i think the problem he is trying to explain is:
salary per year = 100000
salary per month = 100000/12 = 8333.33
payroll should run on = 8333.33
taxes to be calculated on = 8333.33
payroll ran on = 5800
taxes calculated on = 5800
21stIcon is this what you want to convey? let us know to understand better and beware of this company.
salary per year = 100000
salary per month = 100000/12 = 8333.33
payroll should run on = 8333.33
taxes to be calculated on = 8333.33
payroll ran on = 5800
taxes calculated on = 5800
21stIcon is this what you want to convey? let us know to understand better and beware of this company.
hsm2007
09-20 07:28 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
