davidk
02-16 08:39 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
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RiaonH4
01-18 11:13 AM
Cool. Thanks for your replies. One more question. Are you guys currently in US and have applied 485. How do i use Canadian citizenship and 485 pending to maximize my opportunities in us and also have Canadian citizenship as a backup?
Ria
:D
King37 sent you a PM
Ria
:D
King37 sent you a PM
meridiani.planum
11-25 10:20 AM
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.
on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.
on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
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dreamworld
11-30 03:08 PM
Hi All,
I and My wife were applied 485 in July 2007. We have received receipt numbers, EAD's and Advance Paroles. In online my wife 485 status showing as approved, but we did not receive any letters from USCIS. When we called USCIS about this, some of the IO officers are saying they don't know why the Card production ordered was not happened and they will send a request to supervisor. But some of the IO officers are saying instead of approving 131,they approved 485 and it is a mistake. Even though if they are saying mistake, they are not changing the online message or when we call them getting different messages from USCIS until today...Gurus please advise what we need to do.
Thanks.
What is the birth country of your wife????. If she is not born in India then her PD is current...
I and My wife were applied 485 in July 2007. We have received receipt numbers, EAD's and Advance Paroles. In online my wife 485 status showing as approved, but we did not receive any letters from USCIS. When we called USCIS about this, some of the IO officers are saying they don't know why the Card production ordered was not happened and they will send a request to supervisor. But some of the IO officers are saying instead of approving 131,they approved 485 and it is a mistake. Even though if they are saying mistake, they are not changing the online message or when we call them getting different messages from USCIS until today...Gurus please advise what we need to do.
Thanks.
What is the birth country of your wife????. If she is not born in India then her PD is current...
more...
gcisadawg
04-07 03:41 PM
jnraajan,
Thanks for your reply! We surely dont want to jeopardize the ability of her to visit us again! We may have to stick to the original expiry date then!
Would taking an Infopass appointment help?
Other Folks,
Pls. let me know if there are other feedback.
rgds,
gcisadawg
Thanks for your reply! We surely dont want to jeopardize the ability of her to visit us again! We may have to stick to the original expiry date then!
Would taking an Infopass appointment help?
Other Folks,
Pls. let me know if there are other feedback.
rgds,
gcisadawg
psaxena
03-09 05:32 PM
???
more...
pak
07-27 03:01 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
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StarSun
02-08 02:21 PM
Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.
Take action and register now: ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!
True.
IV in need of brave souls now :)
Take action and register now: ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!
True.
IV in need of brave souls now :)
more...
martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
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chatterjie
03-28 02:34 PM
PD = May2004
485FilingRcpt Date : Aug 21, 2007
I was eagerly looking for 485 processing date to move forward
from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
and let the processing dates move forward.. :)
Also, even if the visa numbers advance, I have to cross the 485 processing
date first... is that right?
Or, what happens if my 485 is not yet processed but the bulletin makes
my date as current? :confused:
Thanks and Regards,
Chatterjie
485FilingRcpt Date : Aug 21, 2007
I was eagerly looking for 485 processing date to move forward
from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
and let the processing dates move forward.. :)
Also, even if the visa numbers advance, I have to cross the 485 processing
date first... is that right?
Or, what happens if my 485 is not yet processed but the bulletin makes
my date as current? :confused:
Thanks and Regards,
Chatterjie
more...
gcnotfiledyet
07-15 09:26 PM
I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
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coopheal
04-12 07:17 PM
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
This is correct. Only your attorney will get the RFE.
This is correct. Only your attorney will get the RFE.
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DSLStart
07-28 09:53 PM
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
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KKtexas
11-25 04:31 PM
vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
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sundevil
06-23 04:08 PM
This is not that straight forward either. Family reunification bills also linked family based immigration to this and very likely run into the same battle between pro-business and pro-family(more so of pro-any-immigration, legal or otherwise) legislators. I spoke to an official in Sen. Cornyn's office and they were of the opinion that he might not support that bill as a whole, while he has been very pro-business STEM bill architect and is ok with the recapture of unused EB visas.
Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.
We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.
I take this as another posiitve.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.
We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.
I take this as another posiitve.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
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brb2
09-21 09:37 PM
Any time of the day there are more "guests" logged on than members. Making all the forums "members only" will double the membership right away:)
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IneedAllGreen
11-05 04:30 PM
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
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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webm
09-25 10:19 AM
We both have received EAD.
But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?
Thanks.
Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..
HTH,
But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?
Thanks.
Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..
HTH,
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sriswam
06-28 06:33 PM
I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.
www.immigration-law.com
Thanks Sunny. I am aware of the suspension. Paper-filing is not an option as the earliest the papers will reach USCIS is on Monday, July 2nd (if I were to overnight docs tomorrow). Thats why I was hoping to get the e-filing to work.
www.immigration-law.com
Thanks Sunny. I am aware of the suspension. Paper-filing is not an option as the earliest the papers will reach USCIS is on Monday, July 2nd (if I were to overnight docs tomorrow). Thats why I was hoping to get the e-filing to work.
senthil
01-17 11:30 AM
i would recommend --
its worth going to a tax filing rep ( HR block or any local re closer to you ) who'll get your job done easy. bec this involves not only adding your spouse to your tax records for the first time to get rebates etc. they will also help fill required forms / pappers to apply a new ITIN for your spouse, which is supposed to go to a diff address for requesting ITIN and once after an ITIN is assigned, it gets forwarded to the right place where it should be filed etc.
Having copies of all forms this time, may be it will be easier for you next time to do it yourself. my 2 c. good luck
its worth going to a tax filing rep ( HR block or any local re closer to you ) who'll get your job done easy. bec this involves not only adding your spouse to your tax records for the first time to get rebates etc. they will also help fill required forms / pappers to apply a new ITIN for your spouse, which is supposed to go to a diff address for requesting ITIN and once after an ITIN is assigned, it gets forwarded to the right place where it should be filed etc.
Having copies of all forms this time, may be it will be easier for you next time to do it yourself. my 2 c. good luck
vcurichmond
08-21 12:35 PM
JULY 19th Filer Checks got encashed.
My I-485 checks got encashed on August 20, 2007. I filed at NSC.
VCURich
My I-485 checks got encashed on August 20, 2007. I filed at NSC.
VCURich
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