mdipi0
11-17 09:52 PM
hey, i just found out i have this account?
roseball
03-31 11:01 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
lostinbeta
10-21 04:20 AM
I guess the team that is on the ball that night is the one that deserves to win :)
Alright.... 4:20am here.... I should probably at least try and get some sleep or something.
Goodnight:)
Alright.... 4:20am here.... I should probably at least try and get some sleep or something.
Goodnight:)
cvk90
06-23 10:31 PM
My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.
more...
johnamit
08-13 09:58 AM
advantage I will have is I am guaranteed to stay till my 9th year H1 expires which still has 2+ yrs left, and at the same time take second job on EAD and travel on AP. If I choose to switch to EAD then if the 485 decision is against then I would have no option of staying here.
H1Girl
08-31 12:23 PM
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.
more...
ItIsNotFunny
06-25 11:10 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
swethanjit
08-25 08:37 PM
Hello Members,
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
more...
tabaching
10-22 09:34 AM
Hey kumarc123,
Thank you.
Actually, there is a stamp in the passport at the time of entry to US (Dec 2007). And they can verify that. That's why we entered Dec 2007 as the last entry date in I-485 form. It's just that I-94 has the old date (Feb 2005). We're hoping this won't cause any trouble during the interview.
Hope I didn't confuse you.
Thank you.
Actually, there is a stamp in the passport at the time of entry to US (Dec 2007). And they can verify that. That's why we entered Dec 2007 as the last entry date in I-485 form. It's just that I-94 has the old date (Feb 2005). We're hoping this won't cause any trouble during the interview.
Hope I didn't confuse you.
sgorla
04-13 05:45 PM
You are right.
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
more...
Prashanthi
10-20 05:02 PM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
map_boiler
05-15 09:19 AM
Good job Learning01, Shrey!
more...
thomachan72
09-17 09:22 AM
For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.
perm2gc
08-28 05:16 PM
I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?Not at all ..
more...
Robert Kumar
02-24 05:04 PM
I am also looking for answer on this..Anyone please??
Any inputs pls.
Any inputs pls.
Devils_Advocate
03-20 05:29 PM
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
This actually clears alot of doubts people had regarding the whole extension/COS question.
This actually clears alot of doubts people had regarding the whole extension/COS question.
more...
langagadu
06-27 11:46 PM
Please merge your thread with the following one which we had one year back. Join your hand with rpuja.
http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
validIV
03-24 12:44 PM
Fill in your profile. Also it would help if you said how long you've been on H-1
pixi
10-28 07:09 PM
:smirk: Well done mate, u just passed photoshop 101, now onto actually learning some proper photoshop skillz ( sorry, its just well, ahem , so 1983). #My first year students do this in the first day at college.
BastardPixi :smirk:
BastardPixi :smirk:
getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
swethanjit
07-24 11:07 PM
Thanks for the info raysaikat.
Комментариев нет:
Отправить комментарий