martinvisalaw
03-18 03:30 PM
Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
rb_248
03-31 08:54 PM
What about you? your PD is current right? any chance that you will get it soon?
Already got it....last September. Thanks for asking.
Already got it....last September. Thanks for asking.
davidk
02-16 08:39 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
InTheMoment
04-22 11:47 AM
There is absolutely nothing strange in the RFE that you got, it is as vanilla a RFE as it can get.
Just mention the duties and the title as they are in your Labor Cert. do not mix the H1-B title/duties with this one.
That said, there are several resources within the forums where you can get specific info on how to answer these !
Good luck :)
Just mention the duties and the title as they are in your Labor Cert. do not mix the H1-B title/duties with this one.
That said, there are several resources within the forums where you can get specific info on how to answer these !
Good luck :)
more...
diptam
06-05 05:18 PM
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
mpadapa
08-04 03:36 PM
Based on what you have said. She is not even entitled for EAD, because U, mentioned that she got married after 485 was filed by here spouse. If the spouse had added her as dependent after marriage then she can derive EAD and AP benefits. Also if she is a dependent on his 485 there should be some concrete evidence (divorce papers) for him to drop her out of the dependent status.
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?
--He had filed his 485 before she got married to him.
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?
--He had filed his 485 before she got married to him.
more...
alisa
06-10 10:42 PM
Backlog Elimination Centers
:)
:)
GCNirvana007
03-30 04:01 PM
Thought pay stubs checkig etc is done during I-140?
more...
admin
05-18 10:40 PM
The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(
The title was something that the journalist came up with so that it will capture the attention of it's viewers. So please don't read too much into it.
The title was something that the journalist came up with so that it will capture the attention of it's viewers. So please don't read too much into it.
gc_kaavaali
11-14 04:03 PM
Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
more...
Abhishika
12-18 07:24 AM
Hi All,
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
tonyHK12
03-17 08:49 PM
@chanduv23 - Yes it does look like this is needed, for people to realize that, this is the only way they can get their own Green card on time!
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
more...
dollar500
08-02 11:26 PM
So for EB3 india the visa bulletin is stuck at May 2001. I did some research and looked into what happed in 2001 about the dates
The reason is USCIS moved for nearly 2 years forward from JAN 2001 to June 2001. In July 2001 they made every thing current (isn't it kind of odd that in July 2007 they made everything current as well.)http://dosfan.lib.uic.edu/ERC/visa_bulletin/2001-07bulletin.html So I presume hundreds and thousands must have filed for their I 485s at that time. Curiously enough there are no visa bulletins from Aug 2001 to March 2002. But in Apr 2002 everybody is current. Surprisingly it stayed current until January 2005 when the retrogression hit again and they have to go back to Jan 2002.
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
The reason is USCIS moved for nearly 2 years forward from JAN 2001 to June 2001. In July 2001 they made every thing current (isn't it kind of odd that in July 2007 they made everything current as well.)http://dosfan.lib.uic.edu/ERC/visa_bulletin/2001-07bulletin.html So I presume hundreds and thousands must have filed for their I 485s at that time. Curiously enough there are no visa bulletins from Aug 2001 to March 2002. But in Apr 2002 everybody is current. Surprisingly it stayed current until January 2005 when the retrogression hit again and they have to go back to Jan 2002.
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
puskeygadha
07-23 03:14 PM
this is for cases which will be filed right..
cases which are audited are audited and are in the audit queues ..correct???
we are fucked
cases which are audited are audited and are in the audit queues ..correct???
we are fucked
more...
Oasis52
05-15 02:44 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
gcwait2007
07-23 12:28 AM
For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?
more...
rb_248
12-13 03:09 PM
I have waited long enough to say that. Came to USA and pursued a career in Traffic Engineering. Now I can't even find jobs in India because, many say that my job is advanced for India right now.
Make sure you do a masters in some field in which you can find opportunities in India.
Make sure you do a masters in some field in which you can find opportunities in India.
pitha
05-11 08:48 AM
If you like your family so much you can always go back, you have a choice, people stuck in EB immigration have no choice they are being kicked out because of the long retrogression. Frankly all this talk about this family based immigration is nonsense. It takes 20 to 30 years for somebody to emmigrate uisng family based immigration. So does that mean that in the 20 to 30 years it takes for the "family" to come here, you dont love them in that time. The point I am trying to make is that all the people who are pumping up this family based immigration are trying to play up the emotional angle and are being hypocrites. If you can live in the US without the "family" for 20 to 30 years, I dont see any reason why they cannot live without the family comming to US at all. Let the "family" come to US on there on merit.
The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.
Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.
The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.
Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.
amsgc
04-08 08:02 PM
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!
The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!
eagerr2i
08-30 12:39 PM
Dear IV Members,
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
number30
07-23 07:54 PM
I'm in a similar predicament as well. I'm on EAD and 485 is pending, can I claim unemployment benefits?
Only problem is that, it will become a documented proof of your current unemployment. Otherwise it is just insurance. Dependents can go that safely. Primary I am not sure.
Only problem is that, it will become a documented proof of your current unemployment. Otherwise it is just insurance. Dependents can go that safely. Primary I am not sure.