superdoc
09-20 10:11 PM
In my opinion if you choose to use EAD, I think you will be very much fine with this route but with H1 transfer it will be tricky. You may have to go through 2 H1 transfer to come up clean legally. First H1 transfer to new employer and second H1 transfer to old employer again As you did not work for old employer for one yerar and hence no pay stubs and hence technically H1 dies there and so if old employer is willing "to hire again after one year" your old employer should file new h1 transfer and then you can come clean.
And during all this juggling make 2 things sure.
- You do not get promotion
- You do not get more than reasonable (10-20%) increment in the salary (The slary which was mentioned in your labor application)
Again before juggling consult the lawyer first.
I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.
If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue
And during all this juggling make 2 things sure.
- You do not get promotion
- You do not get more than reasonable (10-20%) increment in the salary (The slary which was mentioned in your labor application)
Again before juggling consult the lawyer first.
I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.
If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue
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vagish
04-26 12:42 AM
you got to be shitting me on this, I think this whole thing has become a massive
shit pot, eveybody is througing what ever they have
thanks
shit pot, eveybody is througing what ever they have
thanks
purgan
10-10 07:42 PM
For someone from India EB3, this warning is useless. Dates have not progressed for 6 months...
April 2001 to October 2006.....lets see... the wait is 4.5 years. Even Mexico which send several magnnitudes more immigrants to the US has now moved to May 2001.
April 2001 to October 2006.....lets see... the wait is 4.5 years. Even Mexico which send several magnnitudes more immigrants to the US has now moved to May 2001.
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kumar_77
07-19 01:47 PM
Reached NSC july 2 @ 7.55 per fed ex
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willgetgc2005
02-24 05:48 PM
I contributed just now.
I hope after the concall this weekend, more people will contribute.
Suggestion, can you guys highlight what our lobbying firm has done so far and what it will do fot he upcoming bills ? Seeing that progress will make a lot more come forward.
I hope after the concall this weekend, more people will contribute.
Suggestion, can you guys highlight what our lobbying firm has done so far and what it will do fot he upcoming bills ? Seeing that progress will make a lot more come forward.
InTheMoment
07-12 11:08 PM
Thanks for the info. I have requested my entire A-File on a CD.
btw after how many days did you get the receipt notice from NRC ?
btw after how many days did you get the receipt notice from NRC ?
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morchu
08-15 07:52 PM
When you use AC21, you mention a new employer, and that is the employer you "intent" to be employed for an infinite period of time, after getting your GC.
[QUOTE=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
[QUOTE=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
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Ruta
07-20 12:13 PM
Ours was filed in NSC - July 2nd (hand delivered is what lawyers say.)
I had 1 question.
How long should we wait for receipt to be issued? I am concerned if USCIS misplaces package or something happens, we would miss window of opportunity to file.
Also since lawyers say its personally delivered, how do we track/keep proof that ur package was delivered?
Should we just go ahead and re-file if we dotn hear from CIS in 10 days?
I had 1 question.
How long should we wait for receipt to be issued? I am concerned if USCIS misplaces package or something happens, we would miss window of opportunity to file.
Also since lawyers say its personally delivered, how do we track/keep proof that ur package was delivered?
Should we just go ahead and re-file if we dotn hear from CIS in 10 days?
more...
natrajs
10-02 10:44 PM
Folks ,
I will try my best, I work in North Jersey , Usually I leave from my office around 7 PM, I will let you know
I will try my best, I work in North Jersey , Usually I leave from my office around 7 PM, I will let you know
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sanju
11-15 11:36 AM
Guys,
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx
Here is the starting point. One way to do this to start from 'Wage & Hour Division' of US DOL. In NJ, this could be reported to the district office of US DOL at the following contact information.
http://www.dol.gov/esa/whd/america2.htm#NewJersey
Will soon post specific regulation that says your employer cannot deduct H1 fee from your paycheck. Although, no one is going to dispute that, it is always good to keep it available to show it to DOL officer to put additional weight in your conversation, so that DOL officer knows that you have done your research and know the rules and regulations.
http://www.dol.gov/esa/whd/forms/wh-4.pdf
Also, DOL will tell you to file WH-4 form. They will assure you that you identity will will kept confidential. So you will never have to tell your employer that you are the one you cmplaint. They will simply plan a visit to your employer's office and summon all the records. And the truth will be know.
All the Best.
.
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx
Here is the starting point. One way to do this to start from 'Wage & Hour Division' of US DOL. In NJ, this could be reported to the district office of US DOL at the following contact information.
http://www.dol.gov/esa/whd/america2.htm#NewJersey
Will soon post specific regulation that says your employer cannot deduct H1 fee from your paycheck. Although, no one is going to dispute that, it is always good to keep it available to show it to DOL officer to put additional weight in your conversation, so that DOL officer knows that you have done your research and know the rules and regulations.
http://www.dol.gov/esa/whd/forms/wh-4.pdf
Also, DOL will tell you to file WH-4 form. They will assure you that you identity will will kept confidential. So you will never have to tell your employer that you are the one you cmplaint. They will simply plan a visit to your employer's office and summon all the records. And the truth will be know.
All the Best.
.
more...
BECsufferer
09-29 12:54 PM
Guys ... first of all thanks for starting this thread. Worth every bit of space on server.
I am based in Michigan and would like to get in touch with someone locally to guide me in setting up a LLC. Well saying that, I don't mind venturing with like minded people outside MI too. I have few ideas and would like to work on those, these are in products and industry I am working with (Mechanical/ Industrial). However, I think same approach can be used to generate IP in other fields too. So i am open to collaborate with like minded people to benefit from each other. i emphasize on like minded people, because their would be failures too and so need equal buy in.
Neverhteless, what I am saying is if their is an opportunity to collaborate to succeed collectively? Write me back what you think and good Luck.
I am based in Michigan and would like to get in touch with someone locally to guide me in setting up a LLC. Well saying that, I don't mind venturing with like minded people outside MI too. I have few ideas and would like to work on those, these are in products and industry I am working with (Mechanical/ Industrial). However, I think same approach can be used to generate IP in other fields too. So i am open to collaborate with like minded people to benefit from each other. i emphasize on like minded people, because their would be failures too and so need equal buy in.
Neverhteless, what I am saying is if their is an opportunity to collaborate to succeed collectively? Write me back what you think and good Luck.
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chanduv23
10-05 05:55 PM
I am a "she" by the way and perfectly capable of walking back after 1 paid for and 2 free drinks:cool:
Do they have good food too?
Heard snacks are good - good enough for the sides when you do your 1 to 3 drinks - well get an alcohol meter with u, just to make sure u r doing fine.
laborchic - is doing a chic dance for all of us
Do they have good food too?
Heard snacks are good - good enough for the sides when you do your 1 to 3 drinks - well get an alcohol meter with u, just to make sure u r doing fine.
laborchic - is doing a chic dance for all of us
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coopheal
03-10 01:59 PM
The poor response is because we are not together and we truly do not believe in our goal. With the assumption that 90% of IV members are Indians, I can safely say this is innate in our culture - we want to get the benefit without working for it AND once we get the benefit, we give a damn about the rest of "them". :mad:
I do not see you being listed as a donor.
I do not see you being listed as a donor.
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sertasheep
06-24 03:21 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
more...
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chanduv23
01-15 11:05 AM
:D :D :D Dude, There has been several incidents in past 1 year enough so you can draw a pattern. Do not act in ignorance. We have to pay attention to happenings around us and be cautious of the surroundings.
I agree - these are things that have to be taken very seriously.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
I agree - these are things that have to be taken very seriously.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
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sandeep_1
08-15 01:58 PM
My EAD-renewal is also delayed and had an Infopass appointment in local USCIS office today. During the meeting, I specifically asked, in the event if EAD renewal is not approved before the expiration of current one, can I still continue to work? The answer was - "You can continue to work as long as your employer agrees to it". hmmm. Then I asked, would it jeopardise my status or 485 process in any shape or form. The answer was - "No (it will not effect my status)". Although, he did mentioned that interim EAD is not allowed anymore. He even said that, they actually took the machine and equipments required to produce EAD card for local office.
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ksrk
01-16 05:33 PM
Your case is eligible the chances are high that you'll get it, if dates remain current. And as folks have mentioned, 180 days rule applies. Your infopass will tell you clearly what's happening to your NC but that is immaterial.
I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.
Yeah, the official rule was clearly communicated (to us) about the 180 days since I-485 filing (if it was pending for 180 days...).
But that rule wasn't followed at the end of FY2008 (Aug/Sept 2008).
In fact, some customer service reps even mentioned something to the effect of this law would be enforced only from Feb.2009 or something to that effect.
That is part of the concern with new fingerprinting once the 15-months expire and you have go through the FP/NC process all over again.
I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.
Yeah, the official rule was clearly communicated (to us) about the 180 days since I-485 filing (if it was pending for 180 days...).
But that rule wasn't followed at the end of FY2008 (Aug/Sept 2008).
In fact, some customer service reps even mentioned something to the effect of this law would be enforced only from Feb.2009 or something to that effect.
That is part of the concern with new fingerprinting once the 15-months expire and you have go through the FP/NC process all over again.
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sands_14
07-17 09:32 AM
Can somebody clarify?
To lead India to a good present & future,why do we send these faxes?
GC or no GC, I feel the video tells me to do the best for my nation India.
To do that,do I need immigration to US????
I am not against any camapaigns,but using the videos for this campaign doesnt look like a good idea.May I know whats the point of "Lead India " videos here :-)
This should actually make me feel "No,I dont want to apply for immigration to another country anymore".
No offence, please clarify if the intentions of putting the videos here are different???
To lead India to a good present & future,why do we send these faxes?
GC or no GC, I feel the video tells me to do the best for my nation India.
To do that,do I need immigration to US????
I am not against any camapaigns,but using the videos for this campaign doesnt look like a good idea.May I know whats the point of "Lead India " videos here :-)
This should actually make me feel "No,I dont want to apply for immigration to another country anymore".
No offence, please clarify if the intentions of putting the videos here are different???
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iheartindia79
09-08 02:07 AM
Delivered on July 2 thru Fedex.
shana04
02-23 09:39 AM
Hi All,
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
willwin
07-18 09:41 AM
Aadimanav or anyone,
I am planning to send a letter to President, First Lady, DOS chief besides other Govt. rep. Anyone has the addresses?
I am in CP and I am writing to them to allow CP filers who are already working here in the US to file for AOS (even if the PD is not current) anticipating a very long delay for EB3 I. That way we could get atleast the minimal benefits like EAD, AP.
If any CP filers from EB3 I wanna join me, more than welcome!
I am planning to send a letter to President, First Lady, DOS chief besides other Govt. rep. Anyone has the addresses?
I am in CP and I am writing to them to allow CP filers who are already working here in the US to file for AOS (even if the PD is not current) anticipating a very long delay for EB3 I. That way we could get atleast the minimal benefits like EAD, AP.
If any CP filers from EB3 I wanna join me, more than welcome!
