natrajs
08-16 03:45 PM
It depends how the Employer and Employee discussed before starting the GC process.
Some may sponsor the cost only for the Employee and let Employee pay for the dependants.
To my best of my knowledge Employer can not charge back the Employee for sponsoring the GC, However there is no rule set for the dependants
Some may sponsor the cost only for the Employee and let Employee pay for the dependants.
To my best of my knowledge Employer can not charge back the Employee for sponsoring the GC, However there is no rule set for the dependants
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ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
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seaken75
10-12 03:36 AM
I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
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lost_in_migration
05-15 12:38 PM
/\/\
more...
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shirish
10-15 12:30 PM
Received FP notice, Transfer notice and EAD cards on saturday.
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - lawyer received all the receipts - Transfer notice received.
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
EAD cards - Received
FP Notice - received.
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - lawyer received all the receipts - Transfer notice received.
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
EAD cards - Received
FP Notice - received.
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legal_la
07-12 12:11 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
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TheColonial
04-27 01:35 AM
SDL is not really that confusing at all.
I never said it was. What I am saying is that it's off topic considering what he wants to achieve.
And he will have to learn it at one time or another, and why limit a program to one OS.
He will? Why?
DirectX/OpenGL can be used in a windowed environment
Again, that's got nothing to do with the desire to learn Win32.
so even if you just want to do Win32 stuff DirectX can enhance it.
And so can using the WPF in .NET, but how does that help with learning Win32?
I never said it was. What I am saying is that it's off topic considering what he wants to achieve.
And he will have to learn it at one time or another, and why limit a program to one OS.
He will? Why?
DirectX/OpenGL can be used in a windowed environment
Again, that's got nothing to do with the desire to learn Win32.
so even if you just want to do Win32 stuff DirectX can enhance it.
And so can using the WPF in .NET, but how does that help with learning Win32?
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anandrajesh
08-15 01:46 PM
Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.
NO FIFO whatsoever.
They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
NO FIFO whatsoever.
They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
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dixie
11-06 01:33 AM
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
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ksairi
08-17 02:06 PM
Most folks here would have used a lens to double check their APplns before mailing it.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
more...
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asekhon
06-18 11:31 AM
Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
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sac-r-ten
06-02 11:26 AM
All the guys waiting in Canada, you can ask your passport and all other papers back from the Consulate and return to India and try stamping there.
I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.
Just my 2 cents.
Good luck my friends.
I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.
Just my 2 cents.
Good luck my friends.
more...
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rangaswamy
10-25 04:30 PM
Mine still says pending even though i received it 2 weeks ago....
but my spouses status was spot on through the process..
but my spouses status was spot on through the process..
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chanduv23
11-06 10:11 AM
They are your in-laws!!! Are you sure you want them here? Think about it. :-) Jokes apart, its a pleasure to travel in Jet. My parents did travel - they can't speak English nor really read well - the crew helps them (in Hindi or Gujarati). You would have to be really knocked out to miss connecting flights in Brussells. So worry not - they'll be just fine.
Good to know, thanks.
Good to know, thanks.
more...
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Texascitypaul
02-23 08:33 AM
I am a UK citizen i came to the US in 2008 (aug) when i married my USC wife,i then returned to the UK until Dec 2008 and have been in the US since under VWP,my i94 ran out in march 2009.
I am aware of the "right" way things should have been done, but here i am illegal still with my wife and children (she has 4) i need to try and salvage something out of this meaning i just want to live normal with my family work just like a regular guy get a driving license etc.
Now i have a clean background check from the UK..1 down many to go isuspect...my wife having 4 children would never have been able to prove affit david of support least not on paper (she is a student and graduates as a RN in may of this year) at which point she would be able to earn enough to do this.
Through all this we have managed to survive as a family its hard with only one working but we get help from her parents and family.
$64,000000 question what should i do?
Thankyou for reading
Paul
I am aware of the "right" way things should have been done, but here i am illegal still with my wife and children (she has 4) i need to try and salvage something out of this meaning i just want to live normal with my family work just like a regular guy get a driving license etc.
Now i have a clean background check from the UK..1 down many to go isuspect...my wife having 4 children would never have been able to prove affit david of support least not on paper (she is a student and graduates as a RN in may of this year) at which point she would be able to earn enough to do this.
Through all this we have managed to survive as a family its hard with only one working but we get help from her parents and family.
$64,000000 question what should i do?
Thankyou for reading
Paul
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summitpointe
04-16 02:53 PM
Open an MTR ASAP. It sometimes takes lot of time(may be one year) for final decision.
As your H1B is valid for another one year, just to have a support talk with your attorney about filing a PERM labor ASAP.
As your H1B is valid for another one year, just to have a support talk with your attorney about filing a PERM labor ASAP.
more...
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kartikiran
05-06 11:08 AM
if a couple of members attend with immigration voice badge on their shirts, this could be a good platform for immigrationvoice as a group to get noticed.
Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.
Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.
Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.
Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.
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RDB
05-06 12:01 PM
To get an answer just visit this thread
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
Thanks for the link. Looks like I will have to get ready for an interview!!!!
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
Thanks for the link. Looks like I will have to get ready for an interview!!!!
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Buran
12-28 09:25 AM
Can't see it in my browser, still shows November 14
snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
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