wandmaker
02-16 12:58 PM
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
For Q1, Please call 1-866-487-2365
For Q2, Please call 1-800-375-5283
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
For Q1, Please call 1-866-487-2365
For Q2, Please call 1-800-375-5283
smuggymba
08-10 08:48 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.
gsrknth
08-22 11:12 AM
I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).
Hope this info helps.
Hope this info helps.
IV_Friend
03-30 12:18 PM
Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
more...
krishmunn
05-05 10:03 PM
Just a follow up question:
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.
Ann Ruben
06-25 10:51 AM
Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
more...
mvijay85
08-04 07:58 AM
Hi,
I am eager to know what happened to your brother's visa?
It will help me a lot!
Thanks,
Vijay
I am eager to know what happened to your brother's visa?
It will help me a lot!
Thanks,
Vijay
akhilmahajan
04-11 03:19 PM
Updating profile should fill up your information in the tracker.
Will make a not of it.
Thanks a lot.
GO IV GO
Will make a not of it.
Thanks a lot.
GO IV GO
more...
sledge_hammer
07-16 08:33 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
iqube00
04-24 01:48 PM
my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.
more...
kisana
04-11 10:16 PM
Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
gc_chahiye
09-14 03:23 PM
call the attorney who is working on your case and ask if it's a good idea to go...
You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.
exactly! All Attorneys both privately and on their websites (murthy / matthew oh / greg siskind/carl shusterman etc) are all saying we NEED to make it to this rally. This is the last and best hope!
You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.
exactly! All Attorneys both privately and on their websites (murthy / matthew oh / greg siskind/carl shusterman etc) are all saying we NEED to make it to this rally. This is the last and best hope!
more...
tikka
05-31 02:23 PM
This is the least we can do...
thank you delhirocks. this was the first step.
Now you could you please take a few mins and send out web faxes. You can send it to all the states.
Thank you again
thank you delhirocks. this was the first step.
Now you could you please take a few mins and send out web faxes. You can send it to all the states.
Thank you again
reddymjm
05-16 01:53 PM
Sent an email to 20 of my friends @ work to that and following up with them.
more...
Rajeev
08-11 08:09 AM
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Whatever may be the chances of success, at least we should support this bill.
Whatever may be the chances of success, at least we should support this bill.
Munna Bhai
01-09 01:14 PM
Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
please share your inputs
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
please share your inputs
more...
wei
04-18 01:18 PM
Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.
nk2006
05-11 10:13 AM
As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.
Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.
Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.
Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.
Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.
grupak
12-13 04:11 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
logiclife
05-11 11:40 AM
Venue
Bombay Palace
2020 K St. NW, Washington, DC
Time
6:30pm to 9:30pm
Valet parking available(Free after 5:30 PM)
Metro directions
(Easily accessible by metro.)
Few blocks from the follow. metro stops:
Farragut North (RED line - Connecticut Avenue and K Street) and
Farragut West (BLUE and ORANGE lines - 18th and I street)
RSVP by Friday (05/12) 4:00 p.m.:
(Please include the total number of people. Children not allowed.)
jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)
Bombay Palace
2020 K St. NW, Washington, DC
Time
6:30pm to 9:30pm
Valet parking available(Free after 5:30 PM)
Metro directions
(Easily accessible by metro.)
Few blocks from the follow. metro stops:
Farragut North (RED line - Connecticut Avenue and K Street) and
Farragut West (BLUE and ORANGE lines - 18th and I street)
RSVP by Friday (05/12) 4:00 p.m.:
(Please include the total number of people. Children not allowed.)
jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)
smisachu
05-21 11:06 AM
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??
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