misha
07-21 01:10 PM
Are you sure about Advance Parole stamp in a passport. I know about Green Card approval stamp in a passport but not AP. Have you ever had that AP stamp experience?
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sanjay
01-09 04:12 PM
why i got red?????? I am saying it is going to be current.
I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.
I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.
JunRN
12-17 03:49 PM
New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
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waiting_4_gc
07-27 03:30 PM
You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D
But you are correct for RD :)
Umm, what if USCIS takes more than 180 days to encash the checks?
Do we have to re-file the application/re-send the check?:confused:
But you are correct for RD :)
Umm, what if USCIS takes more than 180 days to encash the checks?
Do we have to re-file the application/re-send the check?:confused:
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jasmin45
08-08 04:27 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
gv007
06-19 06:28 PM
Im still stuck neck deep in the PBEC quagmire.
for PBEC - What numbers are you guys calling ?
GA RIR
PD - Oct 2003
NOF - received March,
NOF - PBEC received April 2
still IN PROCESS
My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.
Have you guys heard anything like "notice of forward"( it was something like this)...
These LC people in dallas are killing me..!
DB
for PBEC - What numbers are you guys calling ?
GA RIR
PD - Oct 2003
NOF - received March,
NOF - PBEC received April 2
still IN PROCESS
My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.
Have you guys heard anything like "notice of forward"( it was something like this)...
These LC people in dallas are killing me..!
DB
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pappu
07-01 08:21 PM
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
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savitri.bhave
07-05 08:52 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
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st4rguitar
04-06 02:10 PM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
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unitednations
04-04 01:49 PM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
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dingudi
03-07 09:42 AM
Visa stamping interview --> Feb 8th
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
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supers789
08-05 04:44 PM
very frustrating.. Aug is here, and my PD is current now (using old employer 140).. but cannot file 485 since fragomen-PERM stuck in audit for current employer!!!
I was waiting for PD to become current for almost 2-3 years.. at old employer... now its current.. and i cannot do anything... !!!! just wait and watch!!.. Audit result expected in 6-8 month per fragomen.. 6 years of h1b expiring in 10 months!
I was waiting for PD to become current for almost 2-3 years.. at old employer... now its current.. and i cannot do anything... !!!! just wait and watch!!.. Audit result expected in 6-8 month per fragomen.. 6 years of h1b expiring in 10 months!
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bookmarkmaster
08-27 06:59 AM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
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anandrajesh
09-21 04:52 PM
Point 2 in ur post is in the agenda. Ability to File 140/485 even if the dates are not current. Looks like this will be the least controversial of all things we can ask for, but will solve majority of our issues. This one thing doesnt ask for any EB numbers increase, doesnt look for H1 B increase and doesnt ask for anything that will have our opposition groups jumping up and down
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vladdrac
06-11 03:57 PM
yes you cannot go wrong with boobies
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bsbawa10
11-24 03:16 PM
I just started using SBI global and I am happy with their services. One question though. I am sending money to my own account. I know we have to declare the accounts more than 10K. Is the interest earned on that money taxable in US ? Another question is , since we are here is that money taxable in India also ? If yes, how do we manage our indian taxes while living here(tax returns etc). Any help would be great.
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SanjayP
07-05 04:47 PM
As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.
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walking_dude
11-25 12:16 PM
It may be the reason March was selected for the DC Rally, despite the cold weather so members have complained about. ( Note : I did not select the date).
If CIR is coming up in Spring, we need to make our case - by showing good numbers -by the end of winter ; freezing or not. If we don't do that our issue is very highly to get lost in the Border security, employer verification and Legalization/Amnesty. If we finish the public show of strength - DC Rally and the Lobby Day in March, we can be ready to send Web-faxes, make phone calls etc. in Spring to push for our bills.
During our lobby day and DC Rally efforts, we should get lawmakers to understand our issues and number of people impacted (0.5 million at the least). Once majority of the lawmakers understand that we exist in large numbers, and are facing these problems, they will be more sympathetic when we make those last minute phone calls and faxes.
If we don't do the DC Rally and Lobby day successfully, chances are lower that they may not be be sympathetic to us without understanding the issue and the large number of people impacted.
The clock has already started ticking. We have to act fast. If we do nothing, we will miss the boat once again. Will you help IV put Recapture and Visa increase on the upcoming CIR? If we don't, we all have wait several more years for the relief.
If CIR is coming up in Spring, we need to make our case - by showing good numbers -by the end of winter ; freezing or not. If we don't do that our issue is very highly to get lost in the Border security, employer verification and Legalization/Amnesty. If we finish the public show of strength - DC Rally and the Lobby Day in March, we can be ready to send Web-faxes, make phone calls etc. in Spring to push for our bills.
During our lobby day and DC Rally efforts, we should get lawmakers to understand our issues and number of people impacted (0.5 million at the least). Once majority of the lawmakers understand that we exist in large numbers, and are facing these problems, they will be more sympathetic when we make those last minute phone calls and faxes.
If we don't do the DC Rally and Lobby day successfully, chances are lower that they may not be be sympathetic to us without understanding the issue and the large number of people impacted.
The clock has already started ticking. We have to act fast. If we do nothing, we will miss the boat once again. Will you help IV put Recapture and Visa increase on the upcoming CIR? If we don't, we all have wait several more years for the relief.
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chanduv23
02-24 07:17 AM
this is what i know
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.
His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.
His employer also threatening to withdraw 140 support if he leaves.
OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.
His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.
His employer also threatening to withdraw 140 support if he leaves.
OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.
minimalist
04-12 10:40 PM
Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?
No need for passport front page.
No need for passport front page.
maveric979
09-08 10:38 AM
Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS
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