eb3retro
02-16 09:56 AM
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
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
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
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
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sanju_dba
09-30 10:50 AM
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
gbof
04-08 02:52 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
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cram
10-09 12:16 AM
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
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laborfd
07-27 09:47 AM
Guys,
I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.
Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/
-Vikram
Cool, good job, very useful :)
I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.
Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/
-Vikram
Cool, good job, very useful :)
somegchuh
09-22 04:39 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
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coopheal
04-13 12:13 AM
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
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Joey Foley
May 17th, 2005, 06:55 AM
There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
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my_gc_wait
08-10 12:16 PM
yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
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vhd999
04-27 10:33 AM
2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I agree. I frequently travel to India. Many times, I saw moms with small babies carrying multiple pieces of carry-ons.
Most of the cases they cannot do without any help.
Like others, I am happy to give a hand but I feel bad for those small babies crying while moms struggling with the other things at the airport.
It�s a good idea to not to carry more than one piece when travelling with babies alone.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I agree. I frequently travel to India. Many times, I saw moms with small babies carrying multiple pieces of carry-ons.
Most of the cases they cannot do without any help.
Like others, I am happy to give a hand but I feel bad for those small babies crying while moms struggling with the other things at the airport.
It�s a good idea to not to carry more than one piece when travelling with babies alone.
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eb3stuck
05-08 01:52 AM
I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:
No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:
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frostrated
09-09 04:03 PM
but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
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parablergh
08-27 02:26 PM
While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.
After you provide some personal information, you may be able to receive your receipt number verbally.
Unfortunately this has worked in some instances, but not in others - so good luck.
If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.
After you provide some personal information, you may be able to receive your receipt number verbally.
Unfortunately this has worked in some instances, but not in others - so good luck.
If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.
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tempgc
09-24 01:25 PM
Source OH law firm (immigration-law.com)
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
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skodu
08-16 01:59 PM
My Company charged 2 of colleagues for their Spouses application fees, but covered their legal fees couple of years back. But they covered everything for me and my wife this year June. It varies company by company and trust and between the Employee and Employer and value of the Employee.
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mallu
10-01 12:39 PM
.....Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
.....
They are not dumb , they might be already keeping a watch on you while on soil.
.....
They are not dumb , they might be already keeping a watch on you while on soil.
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santa123
03-09 09:46 PM
I know of an old time neighbor who had a similar story, only that it was not a dream but reality for him... he must be smiling at this post;)
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waitnwatch
05-25 11:28 PM
QGA, Senators and their staff do have my heartfelt thanks. I wonder how we can convey our thanks to all of them in some orderly fashion.
A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.
My two cents.
A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.
My two cents.
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tonyHK12
01-11 09:28 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
Texascitypaul
02-23 06:15 PM
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
HereIComeGC
12-12 03:52 PM
Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.