grupak
03-01 12:50 PM
^^^^
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cheg
07-18 02:07 AM
Thanks! This will be very useful. I hope it's accurate. :D
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desi3933
06-10 01:26 PM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Three things here -
1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.
2. The employee is not eligible for this fare, if he/she decides to stay in USA.
3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.
_______________________
Not a legal advice.
US citizen of Indian origin
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Three things here -
1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.
2. The employee is not eligible for this fare, if he/she decides to stay in USA.
3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.
_______________________
Not a legal advice.
US citizen of Indian origin
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fromnaija
07-25 12:20 PM
You don't sign I-140, your employer does. Only exception - self-petitions.
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
more...
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?
loudobbs
10-17 02:52 PM
You can look at related fields for your job code on the O NETsite.
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
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geesee
07-13 09:38 AM
These should be called "Payed Services". What do you think ?
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
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vkotval
07-17 11:43 PM
I agree with file485. Blocking the channel is not the answer. Lets put our efforts in getting as many signatures as possible for the petition.
more...
ca_immigrant
06-15 05:47 PM
Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.
Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
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apb
09-05 02:27 PM
This should go to top of queue. BUMPING
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lvinaykumar
04-22 03:42 PM
Wow , that is really cool. and really fast Congrats.....and good luck
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
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locomotive36
11-11 02:32 PM
^^ bump ^^
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j-square
07-04 10:50 PM
"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
Not April VB. To file in May, PD should be current as per May VB (which came out in mid April). On May VB, EB3 ROW was 01AUG03. This case's PD is July 11 2003, so went through.
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
Not April VB. To file in May, PD should be current as per May VB (which came out in mid April). On May VB, EB3 ROW was 01AUG03. This case's PD is July 11 2003, so went through.
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looneytunezez
08-19 08:04 PM
i would recommend renewing your passport here in the US before travelling as they recommend over 6 month validity.
Usually takes 2-3 weeks, but you might be able to emergency rush processing as you are already travelling.
when you get ur new passport, it will say that your h1b stamping is still valid, so you can present both passports on POE.
hth,
LT
Usually takes 2-3 weeks, but you might be able to emergency rush processing as you are already travelling.
when you get ur new passport, it will say that your h1b stamping is still valid, so you can present both passports on POE.
hth,
LT
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karthkc
05-24 12:38 PM
You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
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siddar
06-30 11:13 AM
This is my 2 cents, take it or leave it. Please consult the lawyer before taking any decision.
Two H1 are allowed, as long as both are part time and total hours per week is around 40 hours. If you already have a FULL time H1, that is 40 hours, then the Intelligent IO might think that your taking someone else's job.
You can have multiple FULL time H1, but can work for only one employer FULL time.
If you have GC or Citizenship, then the labor laws are different.
Two H1 are allowed, as long as both are part time and total hours per week is around 40 hours. If you already have a FULL time H1, that is 40 hours, then the Intelligent IO might think that your taking someone else's job.
You can have multiple FULL time H1, but can work for only one employer FULL time.
If you have GC or Citizenship, then the labor laws are different.
more...
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mdcowboy
02-22 05:14 PM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Might it be a PIMS delaY? Just my opinion.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Might it be a PIMS delaY? Just my opinion.
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gsc999
07-11 07:14 PM
nfinity & syzygy, please check your PM.
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hemya
08-18 10:17 AM
Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.
Approval date was July 14th
Approval date was July 14th
franklin
06-14 08:04 PM
I was told that as long as your priority date is current, you can file for AOS.
As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application
As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application
file485
09-26 05:13 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
GCTrouble..
can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..
As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..
Anyone who knows about this ..pls comment what is the right way to do this stunt..
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
GCTrouble..
can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..
As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..
Anyone who knows about this ..pls comment what is the right way to do this stunt..
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