morchu
05-04 02:11 PM
Good point regarding export regulations. I dont have much idea in this scene.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
chapsi29
04-02 12:30 PM
Well its a small company and there are only a handful of us who are involved in immigration. Paychecks have been pending for the last few months only and in the past we have not had this kinda problem. It should hopefully get resolved in the next few months.. My I-140 was applied in Aug 07 @ its at NSC right now.. Currently for EB2, NSC processing date shows May 9th. I am hoping before they get to my application, this issue gets resolved.
Lot of money at stake to consider change of employers at this point.. Would like to see how 140 turns out before thinking of change ... Pretty tough decision!
So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?
Thanks
Lot of money at stake to consider change of employers at this point.. Would like to see how 140 turns out before thinking of change ... Pretty tough decision!
So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?
Thanks
x1050us
09-25 01:13 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
ragz4u
03-25 12:43 PM
As per the information I received yesterday afternoon, IV's fax provider had already sent about 21,000 faxes and another 17,000+ were in the queue waiting to be sent. I just hope the fax provider's computer/fax machine does not overheat and burn :D
About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.
At the same time it just means that less than 30% of the members faxed.
The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?
Please let us know what we can do to get you involved?
About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.
At the same time it just means that less than 30% of the members faxed.
The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?
Please let us know what we can do to get you involved?
more...
seahawks
04-29 10:10 AM
I would like to send emails to my friends about IV and the cause IV stands for. I know a lot of people who are stuck by retrogession. Is there a standard template to invite friends to join, volunteer and contribute that we can include as a link in this website please?
vj
vj
krithi
02-04 07:03 PM
Hello Gali,
Im also using rahul reddy in houston, but its very tough to find an answer from him, did u had the same problem.
thnx,
krithi
Im also using rahul reddy in houston, but its very tough to find an answer from him, did u had the same problem.
thnx,
krithi
more...
usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
GC_1000Watt
02-15 02:34 PM
The per country limit for countries is 7% and for dependency is 2% . I am not sure what the exact definition of dependency is. The FAM manual lists dependencies. Greenland is listed as a dependency.
Greenland became an integral part of the Kingdom of Denmark in 1953.
Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)
FAM Manual
Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)
If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:
Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
National Capital Territory of Delhi
Puducherry
So which union territory of India you were born in? ;)
Greenland became an integral part of the Kingdom of Denmark in 1953.
Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)
FAM Manual
Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)
If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:
Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
National Capital Territory of Delhi
Puducherry
So which union territory of India you were born in? ;)
more...
kirupa
04-16 01:47 AM
Dean - you have posted in about 5 or 6 threads just rambling about what you don't like. If you don't like the stamp style, it's cool, try to make your own better ones ;)
Quit complaining!
Quit complaining!
gauravsh
05-04 10:36 AM
I assume you haven't filed your I 1485 yet.
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
more...
learning01
05-15 07:58 PM
nandakumar:
I wanted other to know that participating in IV forums is totally anonymous. I assume that's the way this movement originators wanted it that way. I will ask 'admin' to comment on this. Is it possible for forum users to show and view other's profiles? (I guess not) and if yes how to turn it off.
I admire your efforts. I am watching the commetary on President Bush's speech. I will reply to other points at a later time. Bye.
I wanted other to know that participating in IV forums is totally anonymous. I assume that's the way this movement originators wanted it that way. I will ask 'admin' to comment on this. Is it possible for forum users to show and view other's profiles? (I guess not) and if yes how to turn it off.
I admire your efforts. I am watching the commetary on President Bush's speech. I will reply to other points at a later time. Bye.
fide_champ
04-09 08:17 AM
My labour was filed in RIR on March 2005 and got approved on August 2006.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
more...
gc_check
01-07 09:34 AM
Well, last week was a short business week prior to new year. If you had you interview on 30th, then just one more business day prior to the new year and I doubt they did a lot on 31th and are back to work this week. Might be dealyed due to administration process. You might get in couple days.
nightowl76
08-27 07:22 PM
I received renewed EAD cards a week ago. I had applied a couple of months ago. I noticed that the renewed EAD card also says 'Fingerprint not available'. My fingerprinting was done in March 08.
Is this expected? Does anyones EAD card have a fingerprint on it?
Is this expected? Does anyones EAD card have a fingerprint on it?
more...
randomdude
04-20 09:58 PM
A friend of mine works for a non-profit and has always been with only one employer (employer A) . He had been on H1 for three years and then used his AC21/EAD card for a year now (again employer A - just wanted to save money by using EAD card instead of applying for H1 again). Can he reapply for an H1 again (same employer A again - no caps apply as this is a non-profit) or is it that once one uses an EAD card, H1 is given up forever?
Thanks in advance
Thanks in advance
rgrant
06-02 01:37 PM
don't send copy of passport or DL. it clearly says not to, and my experience was it is unnecessary, as you will get a biometrics appointment (where they check your id).
more...
rdehar
08-26 12:44 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.
H1 transfers are really tricky nowadays -- there is a big risk.
Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.
H1 transfers are really tricky nowadays -- there is a big risk.
Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.
willigetgc?
10-11 09:18 AM
Stop watching for VB and start meeting with your Senators!
reverendflash
10-21 03:46 AM
Yeah, if I had anything but a 9pin dot matrix printer I could have made the heart red (lol - it took me a heck of a long time to make it even semi-resemble a heart) :P
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
sdudeja
01-30 06:00 PM
I am not sure. But the FP notice was mailed on 23 dec and the other document on Jan 12.
dearscorpius
11-27 11:07 PM
Thanks for your reply. Since I won't be working for Company A, so I have to tell them the situation. If Company A is willing to keep my H1B with them active, until Company B gets my H1B approved, you think that will be OK for me?
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
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