Libra
08-03 12:36 PM
Apology accepted and now i ask you to contribute for DC rally.....will you do that?
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
Libra-
I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
Libra-
I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....
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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.
chanduv23
12-21 08:01 AM
What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.
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gcnirvana
05-14 09:03 PM
This is a EB3 - General Poll across all countries
Can you create one for EB2, please? Thanks!
Can you create one for EB2, please? Thanks!
more...
VDaminator
06-06 04:15 PM
Aright here is my volley
deepakjain
11-16 06:40 PM
As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
more...
Marphad
03-31 09:46 AM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations!
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations!
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monicasgupta
12-31 10:32 AM
Dear friends,
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
more...
immigrant2007
07-19 09:05 PM
It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
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mikrupee
07-27 03:26 PM
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
more...
reddy77
04-12 04:21 PM
Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??
Don't worry much its more than like going to be a medical RFE.
I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601
Don't worry much its more than like going to be a medical RFE.
I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601
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malibuguy007
02-06 05:38 PM
I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.
more...
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dhesha
08-30 01:33 PM
did you ask them if the processing date on the website includes applications received on July 2 also? I know it is not clear... but maybe if you had asked them...?
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=
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otovarm@hotmail.com
03-03 02:39 PM
well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
more...
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rajivkane
05-21 09:52 AM
HI!
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
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dhesha
08-29 02:46 PM
So if the date is July 2, what does it mean? Does it mean they are processing cases that are received on July 2 or those who have Notice date of July 2?
Is July 2 included or excluded?
Is July 2 included or excluded?
more...
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rrajasekar
08-04 09:06 AM
Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
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nmdial
08-04 11:02 AM
am staying in US for d past 4 yrs ,have a H1 B visa. i want to invite my younger brother and mom for a ONE month visit to US.My mom has already got 10 yrs of visa as she visited dis place in 2008. My brother has just completed his engineering , is 21 yrs of age and has got placed in infosys.His joining date is in December, so would it be easy for him to get d visitors visa as even i want him to have some fun b4 starting off with his work life. Should he carry his offer letter with him and also would it b wise to book d ticket in advance and show them d return ticket as a proof just to tell them tat he will b back in a month and also would like to know the other questions which r expected. Please HELP.Looking forward to your replies
thanks in advance:)
I am in a similar boat as I want to invite my sister on a visitor visa for a month here. I think, any document that supports the fact that the visitor will return to India is always helpful.
thanks in advance:)
I am in a similar boat as I want to invite my sister on a visitor visa for a month here. I think, any document that supports the fact that the visitor will return to India is always helpful.
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petersebastian
04-01 05:58 PM
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
Yes, thank you, maybe I wasn't clear about it, but I wanted to make sure that the 3 year ban something I will be facing if I overstay the 180 days, not before. I want to stay here with my boyfriend, as I planned until the end on May, but I don't want to do something that will give me a ban...
Yes, thank you, maybe I wasn't clear about it, but I wanted to make sure that the 3 year ban something I will be facing if I overstay the 180 days, not before. I want to stay here with my boyfriend, as I planned until the end on May, but I don't want to do something that will give me a ban...
pappu
12-28 02:23 PM
NSC Dec 2007 Processing Times says:
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.
nitkad
04-29 01:57 PM
You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.
If you think no one is giving you correct answer, just spnd some money and consult a lawyer.
If you think no one is giving you correct answer, just spnd some money and consult a lawyer.
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