chakdepatte
12-10 11:43 AM
Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
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andycool
12-14 05:14 PM
Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...
hope this helps
Thanks
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...
hope this helps
Thanks
sagar_nyc
02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
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immi_2006
01-16 12:59 PM
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
This way you will not be part of the New quota. Hope this helps
more...
sanju
08-31 12:10 PM
I think we all should VOTE in this poll.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
imm_pro
06-11 12:55 AM
This will be useful if you filed your labor after the end of 5th year and the 140
is still pending at the end of the 6th year.
is still pending at the end of the 6th year.
more...
eb3_nepa
11-06 09:25 AM
Any more inputs anyone?
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dealsnet
07-23 12:50 PM
If you are out of USA for a longer period, your I-485 will be in trouble. If you didn't come before AP expiration, your AOS will be abandoned. You cannot renew AP away from USA.
You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.
You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.
more...
varumo_varatho
11-08 10:43 AM
Speaking of my personal experience, Yes, you can get an emergency appointment as returning h1b's are eligible for such appointments. Just send an email directly to the consulate and request for emergency appointment stating that you have to return to your project. I have done it before
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
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hary536
05-20 03:51 PM
Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
more...
styrum
03-04 07:01 PM
It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.
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JunRN
08-11 06:00 PM
True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.
more...
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cool_cat
09-26 05:11 PM
Hi, My application for I485 was received by Texas service centre. I have not received my RN and neither is my check has been cashed yet. I am confused looking at the online dates at www.USCIS.gov. Is there anyone who filled on 2nd of july and have not heard back from USCIS.
Thanks!
Thanks!
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senthil1
03-05 08:53 PM
We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc
USCIS fees cover none of the activities you mentioned.
USCIS fees cover none of the activities you mentioned.
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calaway42
10-20 02:25 AM
what painter program?
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senthil
02-12 06:37 PM
when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.
more...
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Joey Foley
May 16th, 2005, 07:58 PM
So far, I think I'm going to pick four to send in.
Man, I wish that dust of dirt or whatever it is wasn't on there.
I might give it a other try.:confused:
Man, I wish that dust of dirt or whatever it is wasn't on there.
I might give it a other try.:confused:
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dealsnet
08-04 12:15 PM
I have received the card with old number without any restriction in employment. Plain card with name and number. At the SSA office they told me the same. So feel free to get rid of last H1B bundle. (surrender old card for a new freedom card)
Did you recieve old SS# on new card ? or entirely new SS# ?
Did you recieve old SS# on new card ? or entirely new SS# ?
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arunmohan
03-06 11:19 PM
I will fax it on Monday.
mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
thomachan72
03-07 10:33 AM
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
?
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
?
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