spicy_guy
03-28 11:45 PM
If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
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rkp27
07-11 12:02 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Imigrait
02-05 01:06 PM
From your description it looks like you are moving to a new company.
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
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for_gc
02-11 08:46 AM
My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.
Best of luck with your EB2.
Best of luck with your EB2.
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Immigstories
01-15 09:18 AM
Gurus...please help me!!
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
abingc
08-19 12:46 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
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GcInLimbo
02-10 01:34 PM
The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)
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vvpandya
05-19 07:08 PM
i did it myself too..pretty straightforward..they hv all info on their website..
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Sooner2
03-13 11:44 AM
I am from MA and was able to remit using their service earlier, but it has been temporarily disabled for now.
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vin13
09-30 03:37 PM
If your last FP was more than 15 months ago, then write to local congressman, that usually works.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
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aranya
01-15 04:13 PM
Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).
Let us know how it goes.
Cheers,
-b
My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.
Let us know how it goes.
Cheers,
-b
My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.
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maddipati1
07-30 08:02 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
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ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
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Vishal2007
02-04 06:30 PM
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
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duncanidaho
02-01 05:48 AM
There is a seperate thread on this. Look it up.
My 2 c:
- Stay away from Murthy. They've screwed up at least 2 cases that I know of. And their response is slow.
- Thomas Fan in MD: Run like you've seen the devil. I have no idea why malpractice suits has not been filed against him yet.
- Clark Trevor in CA - Guy is awesome but expensive.
- Ellen Krengel in CA - Decent.
- Gowda in MI - Slow, inefficient.
- Rajeev Khanna - seems to be good, efficient and responsive.
- Jon Wu, CA - Slow as hell but knows the ins/outs
My 2 c:
- Stay away from Murthy. They've screwed up at least 2 cases that I know of. And their response is slow.
- Thomas Fan in MD: Run like you've seen the devil. I have no idea why malpractice suits has not been filed against him yet.
- Clark Trevor in CA - Guy is awesome but expensive.
- Ellen Krengel in CA - Decent.
- Gowda in MI - Slow, inefficient.
- Rajeev Khanna - seems to be good, efficient and responsive.
- Jon Wu, CA - Slow as hell but knows the ins/outs
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rajnag21
07-17 07:23 PM
as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
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rolrblade
02-28 07:28 AM
what is your PD, catagory and country please?
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
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breddy2000
08-19 09:48 PM
Me too getting worried about my wife's status...
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
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puriyu
03-31 10:03 AM
Yes you can go for stamping in Halifax if you didn't change your employer.So if you going for restamping while working with same employer you are eligible.
lc2004
08-04 11:13 AM
How about some green dots guys for sharing such a inspirational story...
sunny..
how do u give a grren dot to someone??..i like ur story..
sunny..
how do u give a grren dot to someone??..i like ur story..
sidd_k2002
03-24 07:30 PM
Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
