sidbee
06-10 10:43 AM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
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bklog_sufferer
12-05 03:55 PM
Folks,
I am in a similar situation..
I work for Company A on H1b which is valid till 2009 & expired Visa stamp, but I have filed a GC application thru company B and got EAD and Parole.
So if I leave the country, can I re-enter on company B's parole and still continue to work on Company A's H1b?
Thanks much for any insight
I am in a similar situation..
I work for Company A on H1b which is valid till 2009 & expired Visa stamp, but I have filed a GC application thru company B and got EAD and Parole.
So if I leave the country, can I re-enter on company B's parole and still continue to work on Company A's H1b?
Thanks much for any insight
sunilsj
01-21 02:10 PM
Like I mentioned earlier, I personally know 2 cases as I am writing this. Both visited Mumbai office and both are stuck with 221(g). It may not therefore be generalized that Mumbai is better or worse than any other place. It is a matter of who you encounter with, timing and luck.
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morchu
06-01 04:44 PM
If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.
USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.
At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.
Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.
Thank you for your immediate reply. I have 2 more questions as below :
My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.
1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?
3. My families also need to re-enter to USA at the same time ?
Hopefully, I am able to explain my occurred situation correctly.
I need your valuable suggestion pls.
USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.
At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.
Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.
Thank you for your immediate reply. I have 2 more questions as below :
My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.
1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?
3. My families also need to re-enter to USA at the same time ?
Hopefully, I am able to explain my occurred situation correctly.
I need your valuable suggestion pls.
more...
Blog Feeds
04-28 08:40 AM
Utah, a state that already has tough immigration laws, is considering following Arizona off the cliff.
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felix31
06-05 10:48 AM
no, no....it does not make me feel any better...
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
more...
arjunram
04-22 10:24 PM
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
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goel_ar
12-21 11:29 AM
Thanks for responding.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
more...
laborchic
01-23 05:02 PM
This sounds interesting. Shouldn't we follow the same procedure we did for sending messages on change.gov ?
Do we have any action item on this from IV Core?:)
Do we have any action item on this from IV Core?:)
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mannan74
08-27 06:02 PM
The answer is right there for you
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
more...
indian1103
05-01 10:03 AM
akhil, It was regular. Hope am this lucky with my 485 too.
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$eeGrEeN
03-31 01:30 PM
Here are some possible, quick steps that you can take. Get your own report, this might be useful , http://www.intelius.com/background-verification.html .
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
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Jerrome
04-08 02:22 PM
I meant EB-2 India and China alone
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go_guy123
05-14 06:13 PM
It is time to pass the DREAM Act.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
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shx
04-28 05:25 PM
This statement is utter nonsense.
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
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franklin
07-11 05:12 PM
Need 3 more volunteers for non bay area members to help calling bay area people!
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laksmi
02-18 05:10 PM
when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.
Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :
a) Timesheet signed.
b) benefits confirmation ,
c) email correspondence to indirectly prove that you were working in H1 status and getting paid
Hope this helps
Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :
a) Timesheet signed.
b) benefits confirmation ,
c) email correspondence to indirectly prove that you were working in H1 status and getting paid
Hope this helps
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Lasantha
11-16 05:21 PM
Celebrated for Krishna killing of the evil Narakasura.Unfortunately..this has become commercial like chirstmas and people forget the real reason and start interpreting thier own stories..it also marks Ram's return to Ayodhya after defeating Ravan.
Then you must alert the senate because I don't see your version in the list in the Senate resolution. :cool:
Then you must alert the senate because I don't see your version in the list in the Senate resolution. :cool:
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pscdk
08-30 08:06 PM
Congratulations babu...good luck!
kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
new_horizon
03-14 05:11 PM
$600 for individual. $1200 for joint filing (hus & wife), and $600 for each dependent (child). Don't know if parents (dependents) are included.
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
also there is a ceiling in AGI.
Single - <75K;
Joint - <150K
but the amount gradually decreases as your AGI reaches the ceiling : (
I just got the IRS letter with the info yesterday.
Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)
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