casinoroyale
01-31 02:03 PM
Ok, how sure is your lawyer about what he is saying?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
wallpaper CARE International Japan is a
ravi98
08-30 08:34 AM
Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.
So close....yet not there... True, it is frustrating to not cross the finish line, at least you can see the finish line unlike many in EB3 I - who don't even know the # of laps they have to run!!
Hang in there.......you will get it!
So close....yet not there... True, it is frustrating to not cross the finish line, at least you can see the finish line unlike many in EB3 I - who don't even know the # of laps they have to run!!
Hang in there.......you will get it!
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
2011 World Map
speedo
08-14 07:34 PM
when is your appointment? what city?
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newlife2
09-19 10:15 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
paskal
11-09 01:16 PM
I assume that all information provided will be kept private
all contact info is for internal iv use ONLY!
all contact info is for internal iv use ONLY!
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PlainSpeak
02-25 03:34 PM
A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
2010 Takayuki Suzuki, Japan
h1bemployee
06-25 04:18 PM
1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
2. What was amendment for?
amendment is for change in annual salary
3. Why H-1B amendment was denied?
The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
Pls see my answers under the questions
September 30 2009
2. What was amendment for?
amendment is for change in annual salary
3. Why H-1B amendment was denied?
The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
Pls see my answers under the questions
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nixstor
09-17 11:19 AM
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
No offence intended, no flames expected :)
hair A map of the world with APEC
HKK
12-13 12:59 AM
I am going to new Delhi for h1b stamping in few days. While preparing my file for h1b stamping, I figured that my attorney has mentioned wrong SSN on for I-129. Past 4 numbers of SSN mentioned is last four digits of my phone number which is not right. Would it adversely affect my h1b stamping? What should I do? I am going to india after 4 years and I noticed this mistake at last moment. Somebody please help....!!!
I work in an immigration law office, so I know the general procedure.
Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.
Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.
I work in an immigration law office, so I know the general procedure.
Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.
Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.
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feedfront
09-14 02:06 PM
Gr8 idea. I'm in..
hot t-shirts around the World
newlife2
09-19 10:16 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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siddar
09-15 11:12 AM
USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.
tattoo WORLD MAP gt;gt;
harsh
12-15 02:27 PM
NO the officer did not do the right thing. The officer should have put the expiry date of your 797 instead of your visa stamp as the right expiry date is the 797 date in your case. You should try to contact the concerned airport's CBP office and ask them to change it. Since this I-94 was issued later after the I-797 there is a chance that USCIS might hold a position that the your new I-94 is your correct I-94. So you should try to get your I-94 corrected as soon as possible.
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pictures OH MY GOD, I#39;M GOING TO JAPAN!
smuggymba
09-14 02:09 PM
I feel paid and verified membership is much better. That way we can raise the money and we won't have trash talkers between us and we will know everyone by name......a team rather than an online platform. Just a thought.
dresses Hub | World Migration Map
smbaps
08-10 04:54 PM
how did you apply on june.The dates were not current as per May visa bulletin.This is strange man......
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makeup Tea from China, Japan, Taiwan,
jthomas
10-12 11:19 AM
i filed for i-485, i-765 on July 11th. no receipt yet
girlfriend Access from the World#39;s Main
saketkapur
10-09 07:56 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
CA is now issuing lisences only until you can show the proof of residency...in my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
CA is now issuing lisences only until you can show the proof of residency...in my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.
hairstyles World Atlas - Map of Ryukyo
arc
03-11 03:03 PM
Mr "A" Check with a good tax consultant about implications of being paid in check, on EAD you can do multiple jobs and businesses, as long as you report your earnings and pay tax you should be fine. I am not an expert, check with a tax consultant and an attorney!
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
dog123
09-18 06:07 PM
NSC and Paper file
yawl
07-26 01:46 PM
Greg Siskind reported that there is another amendment(2448) by Senator Chuck Schumer (D-NY) that would allocate 61,000 green cards unused in prior years to Schedule A nurses and physical therapists:
http://blogs.ilw.com/gregsiskind/2007/07/schumer-nurse-i.html
http://blogs.ilw.com/gregsiskind/2007/07/schumer-nurse-i.html
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