prem_goel
07-22 03:56 PM
IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
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yabadaba
10-26 06:19 PM
http://immigrationvoice.org/forum/showthread.php?t=14870&page=3
scubadude
May 23rd, 2005, 08:00 PM
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crazyghoda
10-29 02:54 PM
There is no TDS for any funds held in NRE savings or CD accounts.
more...
a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
helpmeExperts
02-14 03:37 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
more...
cgeek4u
09-07 08:42 PM
Based on my experience, employer can't damage your GC process. H1 is like an offer. Its up to you to join that company or not. You can apply for multiple H1b's at the same time. So even if your employer cancel the H1 it should not affect you. But it may be worth confirming with a lawyer if you are worried.
Hope this helps.
Hope this helps.
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uslegals
11-26 05:05 PM
congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!
more...
reddy77
08-10 06:16 AM
Good to know and thanks for the update and hope your parents are doing well ...
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floridasun
01-27 02:37 PM
Congratulations - enjoy your FREEDOM ! BTW I have the same priority date - only one trivial difference - EB 3 :eek:
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
more...
RadioactveChimp
04-16 01:50 AM
lol sorry
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
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TomPlate
07-05 12:56 PM
What this story man. I never read from THEHindu.com or other Indian News Web sites.
CNN is junk.
But we need CNN to publish the news like this.
Immigration Law - Tragedy not only for Illegal Immigrant but also for Legal Immigrant.
CNN is junk.
But we need CNN to publish the news like this.
Immigration Law - Tragedy not only for Illegal Immigrant but also for Legal Immigrant.
more...
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wellwishergc
07-11 12:14 PM
^^^^^^^
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deepakjain
01-08 09:18 AM
Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
more...
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rpat1968
09-17 06:07 PM
My PD is July 2004,
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.
I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.
PLEASE HELP.:confused: :mad:
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.
I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.
PLEASE HELP.:confused: :mad:
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mohanty99
07-23 04:04 PM
Standard answers to some questions, but they haven't answered some key questions such as in what order the applications will be adjudicated or how long it will take to issue receitps. :confused:
more...
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dvb123
03-02 09:25 AM
Bump
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ArkBird
06-24 03:02 AM
No. as per my lawyer it became unavailable in the middle of the month.
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masterji
01-12 12:43 AM
If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.
danu2007
07-14 12:43 AM
It will update on a daily basis..So please keep posting your signatures
gsc999
05-22 11:59 AM
I had the same issue last year. Per their website
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
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