humdesi
12-13 09:35 AM
This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
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tabletpc
08-27 04:23 PM
okuzmin,
Can u check u r private message...!!!
Can u check u r private message...!!!
anilsal
01-28 12:25 AM
What about others?
Ready to file your EAD/AP renewal? :cool:
Ready to file your EAD/AP renewal? :cool:
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kannan
07-21 02:07 PM
My 485 details
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
more...
logiclife
01-31 10:47 AM
You are not helping yourself by saying such things.
Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.
By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.
I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.
Sarcasm and rhetoric will not take you an inch away from where you are right now.
--logiclife.
Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.
By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.
I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.
Sarcasm and rhetoric will not take you an inch away from where you are right now.
--logiclife.
tnite
07-19 09:53 AM
If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
If your friend filed as a resident then it doesnt matter . IRS lets tax payers who file as residents take deductions like hope credit, life time learning credit .
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
If your friend filed as a resident then it doesnt matter . IRS lets tax payers who file as residents take deductions like hope credit, life time learning credit .
more...
surabhi
05-29 08:21 PM
I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
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veda
07-29 08:45 PM
Every one is looking at this forums including usics people.
It is clear that their hands are also tied, when processing millions of applications few mistakes not avoidable.
Let us fight with positive...absolutely not with negative..that will make any one more negative.
Thanks for understanding.
It is clear that their hands are also tied, when processing millions of applications few mistakes not avoidable.
Let us fight with positive...absolutely not with negative..that will make any one more negative.
Thanks for understanding.
more...
Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
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leoindiano
04-06 12:52 PM
How about this?
If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year
If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year
more...
bsbawa10
09-06 03:50 PM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
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gopi246
03-20 09:52 PM
Did you contact the SSN department in person or called them.? Its better to go in person and get hold of the supervisor.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.
Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.
more...
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leoindiano
08-28 02:56 PM
apume,
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
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bkshres
10-07 03:47 PM
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
more...
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Rb_newsletter
08-20 03:35 PM
I would suggest get the passport renewed in India using tatkal system. That way you don't have to worry about POE or getting your passport renewed in USA.
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AB1275
12-18 10:07 AM
For MTR - Brief / Evidence need to be given within 30 days of denial.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
more...
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NKR
09-22 11:04 AM
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
IMO, 400$ biweekly is 800$ per month which is too much, not only he is charging full insurance (which could be ok if you are on percentage basis) he is pocketing some money. If the employee comes out of his employers insurance and take an insurance of his own, he would be paying less.
Well if the employee is in his old age, it is a different story, I am assuming that the employee is below 40 years of age.
IMO, 400$ biweekly is 800$ per month which is too much, not only he is charging full insurance (which could be ok if you are on percentage basis) he is pocketing some money. If the employee comes out of his employers insurance and take an insurance of his own, he would be paying less.
Well if the employee is in his old age, it is a different story, I am assuming that the employee is below 40 years of age.
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LostInGCProcess
11-10 05:05 PM
Hi,
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
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chprav
10-24 09:47 AM
I've not get EAD and AP and been waiting for last few months. My wife got both EAD and AP. Is it good idea to call USCIS I/O about my status of EAD and AP? I applied for all 485/EAD/AP in june last week and got the notice on Aug 15th. Please check my signature for more information.
Please suggest me.
If I've to call, what is the procedure? Please let me know
Please suggest me.
If I've to call, what is the procedure? Please let me know
peer123
04-17 09:20 AM
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
wandmaker
10-29 10:22 AM
But the EAD is soley meant for work!
I agree. The kid should not have received the EAD.
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
My co-worker, who has 5 year old kid, his son received an EAD (he filed I-765). He applied for SSN and received the SSN card within 5 days of application.
If Sury wants SSN for his kid, s/he can give a try.
I agree. The kid should not have received the EAD.
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
My co-worker, who has 5 year old kid, his son received an EAD (he filed I-765). He applied for SSN and received the SSN card within 5 days of application.
If Sury wants SSN for his kid, s/he can give a try.
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