mmanurker
05-22 03:00 PM
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
LostInGCProcess
11-06 04:13 PM
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
nashorn
12-12 01:25 AM
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
It's good to know.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
It's good to know.
BMWX5
03-08 09:51 PM
I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.
Same thing happend with me too. I gave them, they said they don;t want.
I tried to give evey point of my transit, nobody took it.
Don't know how to handle.
Same thing happend with me too. I gave them, they said they don;t want.
I tried to give evey point of my transit, nobody took it.
Don't know how to handle.
more...
desi485
11-24 05:48 PM
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
ras
04-10 03:31 AM
How many days did the response delayed?
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
more...
dskhabra
02-26 01:17 PM
You'll get 3 year H1 extension beyond 6 years with I-140 approval.
Asian
07-19 09:39 AM
Well, some people think it is of no use trying to predict anything. I have a slightly different opinion. If I had known this kind of thing could happen to me eight years ago (or at least five years ago), I definitely have chosen a different path. The same thing applies to now. If I could have a glimpse of five years from now, I might choose a different path.
Predictions work if it is based upon reasonable data and calculations. I think it would be actually humane of USIC if it could supply more statistical data about the number of applicants they are getting and the rate they are processing or even the projection of cut off dates for next two years. Of course we will not blame them if it deviates. They can simply say it is subject to change to avoid any legal complications. They are the organization that has most information after all. I think it is something we can suggest to law makers, too. Nobody likes surprises anymore in modern life. The more we can see the future, the better decision we can make and the less time we lose in vain.
I am not saying we can be negligent for necessary law changes but we have to think of various scenarios with probabilities.
I am also thinking IV core members may have a better statistical data from the members. These statistical data are actually very important if we use them well. ( I am not saying exposing private info.) The numbers talk louder than words. The same rule applies to law makers as well.
Predictions work if it is based upon reasonable data and calculations. I think it would be actually humane of USIC if it could supply more statistical data about the number of applicants they are getting and the rate they are processing or even the projection of cut off dates for next two years. Of course we will not blame them if it deviates. They can simply say it is subject to change to avoid any legal complications. They are the organization that has most information after all. I think it is something we can suggest to law makers, too. Nobody likes surprises anymore in modern life. The more we can see the future, the better decision we can make and the less time we lose in vain.
I am not saying we can be negligent for necessary law changes but we have to think of various scenarios with probabilities.
I am also thinking IV core members may have a better statistical data from the members. These statistical data are actually very important if we use them well. ( I am not saying exposing private info.) The numbers talk louder than words. The same rule applies to law makers as well.
more...
Alabaman
08-21 10:44 AM
Contact them for what?
bluekayal
09-08 01:19 AM
approving 2 I-140s , one based on Schedule A priority date - 2006-- and then another one using the prior labor date 2004. And then when it comes to adjudication, refusing to accept the 2004 priority date.
more...
saibabu_d
08-03 10:06 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
aj1234567
01-22 10:41 PM
Hi
My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
Thanks
Aj
My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
Thanks
Aj
more...
gondalguru
09-29 11:43 AM
09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
meridiani.planum
10-01 11:58 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
more...
simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
ragz4u
02-03 01:36 PM
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
more...
lj_rr
07-30 10:24 AM
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
Please see Q5 & Q6:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Also FAQ2 for your reference:
http://www.uscis.gov/files/pressrelease/FAQ2.pdf
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
Please see Q5 & Q6:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Also FAQ2 for your reference:
http://www.uscis.gov/files/pressrelease/FAQ2.pdf
Josh Shaffer
06-01 01:40 PM
My name is Josh Shaffer and I am an award-winning filmmaker from Long Island. I need FLASH animators who can put together roughly four minutes of FLASH animation for an upcoming project. Animation must be in my hands latest mid-August, so that's two and a half months, more than enough time for the material I need. Animation can be Flintstone style if needed, static body with moving facial expressions, arms and legs.
More info, script samples available, first let me know if you're interested.
Thanks
Josh Shaffer
More info, script samples available, first let me know if you're interested.
Thanks
Josh Shaffer
meridiani.planum
12-14 12:33 PM
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
I doubt if this double dipping is going to work...
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]
LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.
malaGCPahije
08-11 10:45 AM
Thank you for initiating this!
I just followed your effort.
What is the purpose of this poll? Why start from 2005 (and not from 2001) ?
I just followed your effort.
What is the purpose of this poll? Why start from 2005 (and not from 2001) ?
mikrupee
05-02 11:58 AM
I am in similar situation.
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
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