desi3933
02-11 10:34 AM
Sanju is correct.
Look at his posts. He is making up stuff.
hi everyone..i try to long story short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
Q1-do i have rigth to work here now?
Q2-do i have to wait realy long time?
Q3- can i do anything for waiting time shorter?
MY lawyer is good man but i can even talk to him when i need
...
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
Look at his posts. He is making up stuff.
hi everyone..i try to long story short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
Q1-do i have rigth to work here now?
Q2-do i have to wait realy long time?
Q3- can i do anything for waiting time shorter?
MY lawyer is good man but i can even talk to him when i need
...
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
wallpaper not CFO Andrew Fastow,
sledge_hammer
06-02 11:53 AM
It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
peer123
04-04 01:37 PM
Thanks for your inputs,..
2011 2010
mps
09-07 08:20 PM
you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???
NRE account has much lower interest rate compared to NRO like 3% vs 8%. FCNR by definition is low interest rate very close to what native country of FCNR currency offers.
NRE account has much lower interest rate compared to NRO like 3% vs 8%. FCNR by definition is low interest rate very close to what native country of FCNR currency offers.
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rp0lol
03-30 08:40 PM
Congratulations!!!
greencardvow
08-03 07:12 PM
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
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sammyb
11-15 09:55 AM
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
http://immigrationvoice.org/forum/forumdisplay.php?f=17
check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...
Thanks
http://immigrationvoice.org/forum/forumdisplay.php?f=17
check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...
2010 EU to probe Facebook over
shirish
08-30 11:52 AM
How do you call USCIS? I mean what options did you select to talk to some one. Looks like their options are changed.
I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.
I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.
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purplehazea
05-02 02:04 PM
Dude get a good attorney, I mean even if someone gives you advice here, we are just rookies!
hair Former Microsoft CFO abruptly
a_yaja
06-25 10:34 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
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waitin_toolong
08-14 06:11 AM
Thanks Jayant,
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
hot CareSource CFO L. Tarlton
DesiTech
06-01 06:46 PM
You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
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house CFO of the Year Bayard
priderock
11-29 03:28 PM
senorita..raj here...
here comes the answers for your responses...
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.
Hope this helps....
It is not true. H1 is valid until its validity date.
here comes the answers for your responses...
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.
Hope this helps....
It is not true. H1 is valid until its validity date.
tattoo Alvano to lead CFO Capital
kzinjuwadia
05-25 01:27 PM
Hi,
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
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pictures Former GM CFO Chris Liddell By
vedicman
10-21 09:56 AM
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
dresses GM chief financial officer
sanju
02-16 08:50 AM
1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
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makeup Chief Financial Officer of
desi3933
07-06 11:53 AM
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)?
If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.
This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.
______________________
Not a legal advice.
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)?
If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.
This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.
______________________
Not a legal advice.
girlfriend PREV of NEXT. Peter Bocian
satishku_2000
10-05 06:53 PM
If your jobs requires masters in computers or equivalent experience in computer related field.. get ready to answers to questions such as "How a 3 year degree in zoology or botany is equivalent to masters in computer science" at I 140 stage. One has to be ready for possible denial at 140 stage too.. Given the way NSC is processing 140s now a days , you should probably have a plan B in place if you dont have enough time left on H1b
hairstyles Protection Agency - CFO
joydiptac
03-13 02:11 PM
Chorke na jao saiyaan... :D
CONGRATS buddy!
CONGRATS buddy!
21stIcon
09-21 07:11 AM
I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.
House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.
Salaries will go down all across board for most people, which could make less people to afford.
Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.
Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.
Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.
House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.
Salaries will go down all across board for most people, which could make less people to afford.
Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.
Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.
Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.
rameshk75
04-07 10:20 AM
Ron's answer for "Leavng petitioning employer after the I485 approval?"
http://immigration-information.com/forums/showthread.php?t=4764
http://immigration-information.com/forums/showthread.php?t=4764
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