alisa
06-21 10:39 AM
In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.
Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?
I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?
Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?
I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?
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sivananda
03-30 12:30 PM
Hi,
My first 3 year of H-1 is about to expire in October 2009.
My employer is planning to apply for extension by premium processing in the next few weeks.
My question:
What if the H1 extension is rejected? Am I considered to be in legal status till October? I hope the original H1 is still in good position till October even though if my employer filing of extension is rejected.
Please help with your answers.
Thanks a lot.
My first 3 year of H-1 is about to expire in October 2009.
My employer is planning to apply for extension by premium processing in the next few weeks.
My question:
What if the H1 extension is rejected? Am I considered to be in legal status till October? I hope the original H1 is still in good position till October even though if my employer filing of extension is rejected.
Please help with your answers.
Thanks a lot.
adhantari
07-07 03:01 PM
It was just an innocent question for a friend. You guys give out red dots for asking questions???
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where in your OP you say its about a friend..... now that it backfired.... you braught in a friend??? now a days everybody posts for thier friend.....
gcformeornot: don't appreciate your judgment.
designserve: thanks.
where in your OP you say its about a friend..... now that it backfired.... you braught in a friend??? now a days everybody posts for thier friend.....
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CADude
08-23 01:53 PM
If your Attorney is confident then move on.. Let's see if any one with similar issue has any comment to offer. Good Luck.
My lawyer says 'do not worry' and he does not say what may be potential impact. gurus can you help what kind of trouble I would be facing?
My lawyer says 'do not worry' and he does not say what may be potential impact. gurus can you help what kind of trouble I would be facing?
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hibworker
12-07 05:28 PM
You are not limited to change job within the same corporation. However you are limited to changing the job within same or similar occupation.
Old company can revoke I-140 since it is their application. They can not revoke I-485 since it is your application. You may get RFE to show that you are still employed in same/similar occupation but that's about it. You don't need to start all over or lose your place in the queue.
Old company can revoke I-140 since it is their application. They can not revoke I-485 since it is your application. You may get RFE to show that you are still employed in same/similar occupation but that's about it. You don't need to start all over or lose your place in the queue.
mallu
06-16 04:27 PM
Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.
Here is the journey:
Nov.2002 - RIR Labor filed in CA
June 2006 - Labor approved from Phily BEC
July 2006 - I-485 , I-140 filed at TSC
Sept.2006 - I-140 approved
Got stuck in namecheck ( name check may be still pending )
May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
June 4, 2008 - Responded to RFE
June 16, 2008 - Green card approved
Now, waiting for the actual card to arrive.
Here is the journey:
Nov.2002 - RIR Labor filed in CA
June 2006 - Labor approved from Phily BEC
July 2006 - I-485 , I-140 filed at TSC
Sept.2006 - I-140 approved
Got stuck in namecheck ( name check may be still pending )
May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
June 4, 2008 - Responded to RFE
June 16, 2008 - Green card approved
Now, waiting for the actual card to arrive.
more...
sanjay02
11-23 07:28 PM
Hire a competent attorney for your interview.
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number30
05-24 11:08 PM
my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.
sounak
NO. I-864 is for family based cases only. Some people include I-134 But not required
sounak
NO. I-864 is for family based cases only. Some people include I-134 But not required
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raysaikat
08-24 01:35 AM
There are two types of "scholarships": (i) taxable, and (ii) non-taxable. If the scholarship is non-taxable, which implies that it requires no work to "earn" it and it is not used for room-and-board and other living expenses, then you may be able to have that even while on H4.
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WillIBLucky
12-11 11:00 AM
Once you are a member aren't you automatically registring yourself to your state too?
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Canuck
02-17 07:18 PM
I read through the first guy's testimony and all it talks about are the yearly issuance of student visas from FY2001-07. Can you point me to the person who actually talks about EB green cards for STEM students in the US?
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CHHAYA
02-09 10:15 AM
Hi,
I have applied 485 through a lawyer. The lawfirm sold their company to some one else. I was asked to file G28 and I didn't file for G28 yet.
I got a mail saying I was sent RFE n Feb 4th. I haven't received the letter yet. Would the RFE go to lawyer or me?
What should I do now?
Thank you.
Isn't it strange that even though Eb3-I PD Mar 04 is not current, they opened the file and sent RFE?
I have applied 485 through a lawyer. The lawfirm sold their company to some one else. I was asked to file G28 and I didn't file for G28 yet.
I got a mail saying I was sent RFE n Feb 4th. I haven't received the letter yet. Would the RFE go to lawyer or me?
What should I do now?
Thank you.
Isn't it strange that even though Eb3-I PD Mar 04 is not current, they opened the file and sent RFE?
more...
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frostrated
09-09 03:52 PM
My case was approved on Aug 19, 2010. I received my card on Aug 26, 2010.
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
you need to be in possession of the card to work. the fact that you sent the card back does not make you eligible to work, as the card had dates that were wrong. what were the wrong dates? you can work only for the dates that the card was approved for, provided you have the card in your possession.
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
you need to be in possession of the card to work. the fact that you sent the card back does not make you eligible to work, as the card had dates that were wrong. what were the wrong dates? you can work only for the dates that the card was approved for, provided you have the card in your possession.
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mdcowboy
09-01 07:29 PM
You will need to file an I-824 (USCIS - Application for Action on an Approved Application or Petition (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dd153591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)).
Please note that these applications typically take 3-5 months. Current processing time at USCIS: CSC is three months.
Thanks a bunch parablergh. 3months is a long time to get a replacement I797! I don't know if there is a shortcut to get the SSN by showing a notarized copy of the I797 that we have instead of waiting for the duplicate one from USCIS.
Please note that these applications typically take 3-5 months. Current processing time at USCIS: CSC is three months.
Thanks a bunch parablergh. 3months is a long time to get a replacement I797! I don't know if there is a shortcut to get the SSN by showing a notarized copy of the I797 that we have instead of waiting for the duplicate one from USCIS.
more...
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bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
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vicky123
04-15 02:41 PM
I am a resident physician on h1b visa which is expiring on 6-30-2010 . I am in process of applying for H1B extension for my fellowship. My wife is on H4 visa (expiring in 3-20-2013 since she got 5 yr multiple visa). Recently she visited Kuwait and on her re-entry she was given entry (on her I94) up to 3-15-2013 (up to 5 days prior to her visa expiration). Will she also need extension in this case along with my extension or can she stay in US till 2013 with out extension Thanks.
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kumarr
02-15 08:16 PM
Hi Everyone,
I am on H1B with Labor approved about 2.8 years ago and I-140 approved for over a year ago.
I am July2007 fiasco filer of Indian origin.....in US for a some 13 years and I am Canadian citizen.
I have almost 2.5 years of H1B still left from my 3 year H1B extension.
I had EAD before but never used it, so my employer has not renewed it.
I am currently working on H1B.
I understand I am not allowed to work in my own business while on H1B, but I can have profit or loss from it......so it doesn't make sense to start a consulting business while on H1B in my opinion (correct me if I m wrong btw).
Starting a Consulting Business on EAD:
Now I want to start a consulting business in the same/similar field of my current job for which my greencard was applied and is still pending.
Please help me with the following:
Q1: Can I start the this consulting business while on EAD? Is LLC the best option?
Q2: Will it be then job portability from my current job to this new job in my company using AC21?
Q3: What conditions do I need to fulfill for working in my own company to keep my greencard alive?
Q4: What evidence do I need to keep handy to show USCIS if asked?
Q5: Am I supposed to inform USCIS when I do this job chnage?
Q6: Are there any minimum revenue requirements or do I have to pay myself same or more salary than my current job?
Q7: What if my business does not take off quickly and I can not pay myself same salary like my current job?
Q8: Can I apply EAD myself or I need my current employer to do so? I have the old expired EAD card that I never used.
Q9: I also don't have my job description from my labor certification. Is there a way for me to get it directly from USCIS?
Please advise. I thank you very much to help me out with this.....I know these are quite a few questions but I really need your help.
Thank you for your time and help.
Regards,
I am on H1B with Labor approved about 2.8 years ago and I-140 approved for over a year ago.
I am July2007 fiasco filer of Indian origin.....in US for a some 13 years and I am Canadian citizen.
I have almost 2.5 years of H1B still left from my 3 year H1B extension.
I had EAD before but never used it, so my employer has not renewed it.
I am currently working on H1B.
I understand I am not allowed to work in my own business while on H1B, but I can have profit or loss from it......so it doesn't make sense to start a consulting business while on H1B in my opinion (correct me if I m wrong btw).
Starting a Consulting Business on EAD:
Now I want to start a consulting business in the same/similar field of my current job for which my greencard was applied and is still pending.
Please help me with the following:
Q1: Can I start the this consulting business while on EAD? Is LLC the best option?
Q2: Will it be then job portability from my current job to this new job in my company using AC21?
Q3: What conditions do I need to fulfill for working in my own company to keep my greencard alive?
Q4: What evidence do I need to keep handy to show USCIS if asked?
Q5: Am I supposed to inform USCIS when I do this job chnage?
Q6: Are there any minimum revenue requirements or do I have to pay myself same or more salary than my current job?
Q7: What if my business does not take off quickly and I can not pay myself same salary like my current job?
Q8: Can I apply EAD myself or I need my current employer to do so? I have the old expired EAD card that I never used.
Q9: I also don't have my job description from my labor certification. Is there a way for me to get it directly from USCIS?
Please advise. I thank you very much to help me out with this.....I know these are quite a few questions but I really need your help.
Thank you for your time and help.
Regards,
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claudia255
01-03 05:24 PM
On Sept. 14, President Bush signed the Honest Leadership and Open Government Act of 2007, an ethics and lobbying reform bill, which enforces a number of new restrictions.
Under the new law, lobbyists are prohibited from providing gifts, food, beverage and travel to Members of Congress, their staff or employees. A violation of this law could result in civil fines and/or criminal prosecution for the Company and individuals involved.
?????
This is already known. How is this directly related to immigration or IV? Please make a point because I failed to notice it.
This thread should be closed.
Under the new law, lobbyists are prohibited from providing gifts, food, beverage and travel to Members of Congress, their staff or employees. A violation of this law could result in civil fines and/or criminal prosecution for the Company and individuals involved.
?????
This is already known. How is this directly related to immigration or IV? Please make a point because I failed to notice it.
This thread should be closed.
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rajeshalex
06-08 10:25 AM
I would suggest to plan in 3 months advance so that you can send all the documents from usa, prepare documents in India and planning the trip.
If anyone needs a B1 visa frequently asked questions and answers pls send me a PM.
Rajesh
If anyone needs a B1 visa frequently asked questions and answers pls send me a PM.
Rajesh
jamaths
03-25 04:23 PM
Hello, I am an INdian citizen currently workin in the US on an H1-B visa. I need to travel to Europe for leisure in the month of April. I wanted to go to the Bern Consulate to go and get the stamping done for my H1-B renewal on my passport. I wanted to ask if anyone has gone to Bern to get their H1-B stamped and can share their experience?
Also, do you recommend that I go to Canada or Mexico instead? I have heard ppl saying that you should go to your home country or Mexico/CAnada. ANy experiences that you can share with the Canadaian/Mexican US consulates would be appreciated as well.
Also, do you recommend that I go to Canada or Mexico instead? I have heard ppl saying that you should go to your home country or Mexico/CAnada. ANy experiences that you can share with the Canadaian/Mexican US consulates would be appreciated as well.
honge_kamyaab
08-01 09:02 AM
How long on average does it take to get labor approval into my lawyers' hands from BEC once it is approved (certified status shown on the BEC website).
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