davidk
02-16 08:41 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
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
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
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eagle123
05-03 03:03 PM
Hi,
I am currently on my first OPT which expires in June second week. The company which I am working for is an everified company, hence I applied for my STEM extension last week(I did not get the receipt of confirmation/the new OPT STEM extension card till now). As the STEM extension rules say that we can work for a maximum of 180 days without getting out OPT card, I thought its fine and hence applied a little late.
The problem here is that my company is getting acquired by another company(this company is not e-verified, but they are planning to get everified, don't know when). It is still in the process of acquisition and the deal is expected to close by July. As this company is not everified(as of now) I cannot work for this company after my first opt expires, till it gets the everified status. As is a general phenomena that when a bigger company acquires another company, some cost cutting might happen.
I have a few questions.
1) Do you guys suggest applying for a H1B, with my current company (The problem is that even if my current company applies H1B, I cannot work for the new company as my H1 will be in processing and the new company is not everified, and I would be out of status. I cannot face this situation if the new company gets everified status before my first opt expires, but I am not sure if this is going to happen).
2)If I file my H1b and the new company decides to not take anyone from the previous company, then my opt would have been canceled as I have applied for H1, and I would not also get H1.
3)If I get my H1 approved before we get removed, I would have only 1 month(grace period between H1 jobs, I assume) to get a new job and transfer my H1.
4)Also I dont know if I apply for H1 during the time of acquisition, I am kinda confused what happens with the processing.
I am really sorry if there is a similar post, but I could not find any. Also I could jolt down only the above scenarios. Please help if there are any other scenarios I missed out.
Kindly Advice.
Thanks in advance.
I am currently on my first OPT which expires in June second week. The company which I am working for is an everified company, hence I applied for my STEM extension last week(I did not get the receipt of confirmation/the new OPT STEM extension card till now). As the STEM extension rules say that we can work for a maximum of 180 days without getting out OPT card, I thought its fine and hence applied a little late.
The problem here is that my company is getting acquired by another company(this company is not e-verified, but they are planning to get everified, don't know when). It is still in the process of acquisition and the deal is expected to close by July. As this company is not everified(as of now) I cannot work for this company after my first opt expires, till it gets the everified status. As is a general phenomena that when a bigger company acquires another company, some cost cutting might happen.
I have a few questions.
1) Do you guys suggest applying for a H1B, with my current company (The problem is that even if my current company applies H1B, I cannot work for the new company as my H1 will be in processing and the new company is not everified, and I would be out of status. I cannot face this situation if the new company gets everified status before my first opt expires, but I am not sure if this is going to happen).
2)If I file my H1b and the new company decides to not take anyone from the previous company, then my opt would have been canceled as I have applied for H1, and I would not also get H1.
3)If I get my H1 approved before we get removed, I would have only 1 month(grace period between H1 jobs, I assume) to get a new job and transfer my H1.
4)Also I dont know if I apply for H1 during the time of acquisition, I am kinda confused what happens with the processing.
I am really sorry if there is a similar post, but I could not find any. Also I could jolt down only the above scenarios. Please help if there are any other scenarios I missed out.
Kindly Advice.
Thanks in advance.
Lasantha
07-05 12:52 PM
Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?
Thanks
Try this
http://immigrationvoice.org/forum/showthread.php?t=5983
Thanks
Try this
http://immigrationvoice.org/forum/showthread.php?t=5983
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gc_chahiye
08-30 02:50 PM
you are ok. You only needed to get married anytime before your I-485 is approved.
BTW that is a funny title for the thread "single and then married". Most of us are indeed single before we get married :)
BTW that is a funny title for the thread "single and then married". Most of us are indeed single before we get married :)
more...
eb3retro
07-10 09:31 AM
Hello All,
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
i did this exactly, where my lawyer filed my ead, but i filed my ap myself. all u need is i-485 receipt copy.
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
i did this exactly, where my lawyer filed my ead, but i filed my ap myself. all u need is i-485 receipt copy.
anilsal
09-06 01:57 AM
I also request you to send emails directly to these folks. With the rally approaching, I am sure the core is swamped with logistics.
more...
gc_maine2
03-27 03:21 PM
:D:D:D::D LOL
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
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sunny1000
07-01 04:14 PM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
more...
desitechie
11-22 02:07 PM
My Question:-
My answers.
Disclaimer:This is to just give an indication and you should consult an attorney for exact response.
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
Yes
2) What if, The new company don't file AC 21?
AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE
3) What if the previous employer cancel my I 140.
Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]
Should be good as long as the new company is good and willing to continue the GC process.
My answers.
Disclaimer:This is to just give an indication and you should consult an attorney for exact response.
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
Yes
2) What if, The new company don't file AC 21?
AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE
3) What if the previous employer cancel my I 140.
Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]
Should be good as long as the new company is good and willing to continue the GC process.
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golgappa
11-17 02:38 PM
Do you have FedEx (or any other service) mailing delivery receipt and what is the date on that.
more...
belmontboy
02-10 11:22 AM
some retaliations (for wistleblowers) based on race, ethnicity etc. are illegal. however if it was just because they didn't agree with your behavior or business related thoughts then they are perfectly okay firing you.
saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)
-----------------------------------------
I am not a lawyer. do not take this as a legal advice.
generally all retaliations on whistleblowers are illegal.
retaliation based on race, ethnicity are discriminative and can be sued!
saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)
-----------------------------------------
I am not a lawyer. do not take this as a legal advice.
generally all retaliations on whistleblowers are illegal.
retaliation based on race, ethnicity are discriminative and can be sued!
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mrsr
08-10 06:44 PM
Exactly, they are entering at least 5 thousand cases every day from last one week.but still we donot get our turn.so strange!
more...
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martinvisalaw
10-06 05:48 PM
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
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justice4all
08-31 12:29 PM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
more...
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11-12 09:21 AM
You can use standard 2" X 2" or You can make Indian size one on http://epassportphoto.com/ for 20 cents.
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sidbee
01-23 09:27 AM
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
more...
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sanju_dba
01-28 03:59 PM
not sure at this critical moment you are seeking your answer in a forum instead knocking the attorney's door.
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Yeldarb
11-14 11:44 PM
Your work is very impressive, I've been looking for someone to design layouts for clients (as I'm not very good with graphics) -- I'll keep you in mind next time I need someone.
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LegalIndianInUSA
09-11 10:29 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
finimits
04-25 03:17 PM
Ssashraf, please don't answer a thread question with another similar question. I'm not sure it helps much. In forum posting, that usually leads to disinterest and 'dead' threads where none of the questions are really answered.
I would either wait for at least one answer or creat a new thread.
Thanks!
I would either wait for at least one answer or creat a new thread.
Thanks!
LONGGCQUE
02-04 10:03 AM
It was something like this -
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
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