krishnam70
03-23 07:51 PM
Hi,
We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
Amar
Per law employer states that he/she has a project on hand and its their responsibility to pay for the filing fee of the applicant. So you have every right to sue the employer for the same. Was there a gap between the time your wife got H1 and she subsequently got an EAD? If yes you can claim salary from the day her H1 was approved and you got the 797 in hand.
BTW your lawsuit might end up costing more than the $1500 you paid but if you want to do the right thing go sue the employers a$$
- cheers
kris
We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
Amar
Per law employer states that he/she has a project on hand and its their responsibility to pay for the filing fee of the applicant. So you have every right to sue the employer for the same. Was there a gap between the time your wife got H1 and she subsequently got an EAD? If yes you can claim salary from the day her H1 was approved and you got the 797 in hand.
BTW your lawsuit might end up costing more than the $1500 you paid but if you want to do the right thing go sue the employers a$$
- cheers
kris
wallpaper Scorpion
makemygc
06-14 11:42 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
Kumbakonam
11-09 09:11 PM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
2011 Scorpion, Mortal Kombat
ArkBird
08-05 02:02 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
If that happens I will start walking with my hands instead of my feet... ;)
If that happens I will start walking with my hands instead of my feet... ;)
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CheckRaise
10-09 06:12 PM
Thanks for the responses! Sorry to reply both responses in the same thread.
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
sdrblr
08-21 02:33 PM
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
more...
jnraajan
01-14 05:08 PM
I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.
2010 Mortal Kombat vs.
sundevil
03-17 06:12 PM
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
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vikram2101
08-02 05:34 PM
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
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bbenhill
10-06 05:09 PM
^^^^
Bump ..
Bump ..
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vkmurthy260
06-25 11:32 AM
If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .
Hope this is information is usefull.
Thanks
Kris.
Hope this is information is usefull.
Thanks
Kris.
hot generations#39; Mortal Kombat
gcobsessed
10-23 01:21 PM
One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
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BEC_fog
04-09 12:18 PM
I don't think that with the EAD renewal receipt you can continue working. Right now, the EAD is valid for 1 year from the day the process and print your card and you cannot specify the employment dates(or they are ignored anyway). It works differently than an H-1B extension where you can specify the dates and even when they process you application say in April and you asked for it to start in march, the approval notice will have the starting period in March. For EAD, if they processed it in April, the starting date is in April.
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martinvisalaw
09-23 03:34 PM
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
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gc28262
07-29 12:25 PM
Good One !
dresses sub zero and scorpion mortal
small2006
08-16 05:32 PM
I was told that "amending" H1B is the same as applying for a new H1B. Does this mean that I will get a new 797 approval and I would have to get a new stamping on my passport? I just got my passport stamped with a 3 year extension till 2009. I don't want to go thru that again if I can avoid it.
Thanks.
Thanks.
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GCard_Dream
07-28 04:37 PM
--
Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).
Good Luck with your trip.
Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).
Good Luck with your trip.
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amitjoey
07-09 08:06 PM
Thanks for going there Nixtor, I am in CA, but would have been more than eager to join you otherwise. Could you record (handycam) a few shots if possible.
hairstyles Custom Mortal Kombat Scorpion
pappu
09-02 06:50 AM
Its wonderful to see appreciation for core team here. Many of us work hard behind the scenes and are not regular on forums. Thank you all for your continued support and confidence in IV.
nixstor
09-07 12:18 PM
guys, the OP clearly mentioned that it was off topic but most of us doesnt agree with what he thinks is good for him. Lets not get into the nitty gritty of pretending or being american or what ever. The more you practice accent or try to put accent into your language the more artificial it will appear. Thats what I have seen and felt. Any way, lets stop feeding the thread as this is outrightly irrelevant.
akkakarla
09-01 04:12 PM
Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
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