bipin
03-18 02:45 AM
I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
wallpaper cute quotes for your boyfriend
bluez25
08-26 02:18 PM
also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.
yabayaba
11-10 04:15 PM
This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
2011 cute quotes
chanduv23
05-21 01:14 PM
Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??
Carry ur passport and h1b ddocument - DL is not enough
Carry ur passport and h1b ddocument - DL is not enough
more...
gcformeornot
04-08 01:09 PM
Paper filed too... 2 main reasons.
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
pbuckeye
08-03 08:36 PM
A beer bottle actually has only about 65 calories, so I would consider it diet food :D
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
more...
tinamatthew
07-20 11:59 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
2010 cute quotes your boyfriend
pagalladkino1
07-28 06:55 AM
i just lost my job and had an approved LC with that company. i have been extending my h1 for the past 3 years now. my i 140 was withdrawn when it was first applied as the company did not give all the information when my lawyer was preparing it the second time the company gave a lot of wrong information. my current h1 expirs in dec
what options do i have ?
what options do i have ?
more...
Nov2004
08-24 06:18 PM
can you please let us know some details. I am in the same situation.
Nov2004, EB3, I140 approved and I485 applied.
1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
Nov2004, EB3, I140 approved and I485 applied.
1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
hair cute quotes about your
IAMINQ
03-18 05:19 AM
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
more...
deardar
09-14 02:47 PM
If your employer questions you.
Tell em you had an appoinment with the Senater. ;)
Tell em you had an appoinment with the Senater. ;)
hot cute love quotes about your boyfriend. cute love quotes for your boyfriend.
Sachin_Stock
05-11 02:16 PM
Its not fair to criticize USCIS specially just cuz you are frustrated. I believe they have lot bigger issues regarding the illegals, backlog in family-based , and not just employment-based.
more...
house cute teenage love quotes for your boyfriend. Cute Love Quotes For Your
mihird
05-17 07:10 PM
My company paid for it, but I did get to see the break up of the charges...I think, PERM is pretty complicated to file...
tattoo cute love quotes your. angelic
thescadaman
07-26 08:40 PM
I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
more...
pictures for your boyfriend. cute
Kalidindi
07-30 12:46 PM
I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,
dresses Cute Quotes for Your Boyfriend
JunRN
05-16 02:55 PM
My friend is in the I-140 stage of green card processing
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.
more...
makeup cute quotes and sayings for
renupond
10-04 05:02 PM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
girlfriend Cute Quotes For My Boyfriend.
gg_ny
08-30 11:54 AM
qualified_trash is correct: call your lawyer and discuss with him or her.
The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.
The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.
hairstyles cute quotes and sayings for
jsb
12-31 10:59 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
Not sure. AP allows to enter the contry because your AOS is pending. In the meantime until decision on your AOS made, you work on whatever status (H1, EAD etc.). As your H1 stamp has expired, you might need to use EAD.
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
Not sure. AP allows to enter the contry because your AOS is pending. In the meantime until decision on your AOS made, you work on whatever status (H1, EAD etc.). As your H1 stamp has expired, you might need to use EAD.
tnite
09-27 09:36 AM
Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
surge
02-18 05:18 PM
Hi Surge
You should then consult a lawyer.
i did. different lawyers said different thing so i do not know who is right and who is wrong.
should i make an infopass appointment and idscusss it with them?
You should then consult a lawyer.
i did. different lawyers said different thing so i do not know who is right and who is wrong.
should i make an infopass appointment and idscusss it with them?
No comments:
Post a Comment