krishnam70
05-04 06:39 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
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roseball
07-26 09:11 PM
My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
cool_desi_gc
03-18 12:15 PM
My apps had 3 LUD's in a period of 10 days since i submitted AR-11.
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kirupa
04-29 03:03 PM
Added them all up ;)
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wandmaker
11-16 05:26 AM
You should apply for a renewal EAD six months before your original EAD expires. Check out this link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Hope this helps!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Hope this helps!
nt07
11-08 09:37 AM
My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
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snhn
03-12 04:57 PM
My old labor from 2001 is now up for review. This past Friday, my company put an ad in the newspaper. Dept of labor asked for
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
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donsimahajan
06-21 05:15 PM
I-485 processing times are mentioned here:
http://www.trackins.com/immigrationtrackers/i485-graph/
http://www.trackins.com/immigrationtrackers/i485-graph/
more...
vik352
03-20 12:40 PM
Hi,
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
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chacha
03-21 11:21 AM
Hi - i am converting my L1 to F1 which will cover me for 2.5 years. In the field i am working in, there is a high probability i will be able to find work before the degree is finished. Is it usual for big employers to already have H1 visas to sponser you on, or do they have to start from scratch. Im really trying to find out how easy it would be for a prospective employer to hire me after. (yes i am aware that one is supposed to return back to their country of origin)
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rdehar
07-22 10:21 PM
This would be really difficult -- because labor ADs run for 30 days -- unless you can find a company has gone thru all pre-labor-filing process matching your exact skills ...
PS: Labor substitution is gone :D
PS: Labor substitution is gone :D
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rajuk_in
07-02 04:23 PM
Hi,
I am planning to file my I-485 and for that I got my Birth Certificate from India and have a question related to it. The name provided for my Passport and all other documents is "Rajendra Upadhya Kumbhasi" but in my Birth Certificate they have included my father's name along with my name i.e. my Birth Certificate has "Rajendra Murlidhar Upadhya Kumbhasi". I would like to know if this could be a issue and if so will a affidavit help me resolve this issue.
Please let me know.
Regards,
Raj
I am planning to file my I-485 and for that I got my Birth Certificate from India and have a question related to it. The name provided for my Passport and all other documents is "Rajendra Upadhya Kumbhasi" but in my Birth Certificate they have included my father's name along with my name i.e. my Birth Certificate has "Rajendra Murlidhar Upadhya Kumbhasi". I would like to know if this could be a issue and if so will a affidavit help me resolve this issue.
Please let me know.
Regards,
Raj
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
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sweet_jungle
03-23 11:03 PM
Any feedback on techpoint solutions, bay area, ca?
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validIV
03-20 02:29 PM
Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.
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ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
more...
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h1-b forever
04-15 09:08 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
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Orange
01-17 07:47 AM
I mailed my EAD application around 2nd week of Dec'09 to Nebraska. I too was waiting for my check to be encashed. However, last week I got the check( with the correct amount of $340.00) returned. Couple of days later I got my EAD application receipt with the application fee shown as $0.00. My attorney was fine with it.
You should be getting your application receipt soon. If not, get in touch with the customer service.
Hope this help!
You should be getting your application receipt soon. If not, get in touch with the customer service.
Hope this help!
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STK
02-08 10:58 AM
If I dont transfer my H1B for a couple of years then what happens. So for example I get a job today and start working on EAD and there for a 2-3 years just by renewing EAD via my husband. Three years down the lane I want to get back on H1B due to problems with I485. Is it possible to get on H1B at point in time because I still have three years remaining on it. WOuld the cap be applicable? In addition, if we find out there is a problem with I 485, does INS give me some time like 1-2 months to make that change in status that is from AOS to H1B?
akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
abrahamL
03-19 05:11 PM
Hi,
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
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