mantagon
07-22 04:30 PM
Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.
Hope this helps!
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Hope this helps!
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
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jonty_11
12-13 10:09 AM
ICE (Immi and Customs Enforcement) has busted meat packing plants all over the US to hunt for illegals. This strategy has been going on since the illegals took to the streets actually and was followed by the impractical Border Fence legislation. This puts me in doubt wheter CIR will be considered at all, as USCIS and the Govt. seems to be concentrating on slowly rooting out the Illegals by conducting such raids.
Thoughts?
Thoughts?
glus
09-28 07:31 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
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senk1s
08-17 08:53 AM
my case was similar, i had to produce the form for tetanus shot from ER... but dont know if the Dr enclosed that in the sealed envelope
more...
Legal_In_A_Limbo
01-14 05:55 PM
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
whiteStallion
03-03 05:48 PM
There should not be more than 1 pay period delay after you leave your job to get your settlement cheque. This has nothing to do with him not getting paid from the client etc. According to H1B law, you(employee) need to get paid every month(by the employer), period. Client does not comes in the picture.
You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.
Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm
Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)
You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.
Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm
Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)
more...
tabletpc
10-22 10:36 AM
You don't need to worry about anyting...!!!! if RFE comes, explain what you did . Its is understnadable to get confused with rules been applied everday...!!!:):)
Go chillout....
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
Go chillout....
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
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gccovet
10-09 01:27 PM
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
I would suggest you not to take this lightly, though some IO on phone said so. I would suggest you to go for infopass ASAP
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
I would suggest you not to take this lightly, though some IO on phone said so. I would suggest you to go for infopass ASAP
more...
snathan
03-24 11:46 AM
Even I am in the current situation. Please call me 6166342617 so we can discuss or email
[email]anand622@yahoo.com I have spoken to a couple lawyers so we can exchange options
Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.
[email]anand622@yahoo.com I have spoken to a couple lawyers so we can exchange options
Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.
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uma001
11-04 10:51 PM
Since nobody attempted to answer your question, let me give a try.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
I heard that once every 5 years every category becomes current. I think in 2000 or 2001, Every category became current, I am not sure.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
I heard that once every 5 years every category becomes current. I think in 2000 or 2001, Every category became current, I am not sure.
more...
mmk123
07-29 01:18 PM
Thanks! It's just a modest attempt to entertain outselves with humor in these hard times.
Actually thanks to these articles and comments on BW and other forums - they are inspiration to write something witty and funny!
- M
Actually thanks to these articles and comments on BW and other forums - they are inspiration to write something witty and funny!
- M
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ashkam
09-14 07:42 AM
I watched Schindler's list and I don't know, I feel the Jews had it a bit worse than the "highly skilled immigrant" community. You know, what with the gas chambers and millions executed and what not.
more...
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Zee
07-17 06:03 PM
http://murthy.com/uscis_update.pdf
Here is the copy of official announcement...
cheers
Here is the copy of official announcement...
cheers
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aroranuj
06-27 11:23 AM
Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?
more...
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krishna.ahd
03-26 04:25 PM
These folks are most likely doctors...doctors salaries are in that range.
Consultant - Travelling job
Consultant - Travelling job
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paskal
08-01 12:21 AM
you have a G28 for every petition
even if you did not, it's not mandatory
they can't reject anything for lack of a G28
it's entirely optional
even if you did not, it's not mandatory
they can't reject anything for lack of a G28
it's entirely optional
more...
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AuntyDan
06-21 08:32 PM
You have mail logiclife, let me know if I can be of use to you.
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kk_kk
07-16 01:59 PM
Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.
Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?
Thank You.
Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?
Thank You.
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zdash
10-28 08:32 AM
As far as I know, your only options to get GC are:
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
Roseball,
I really appreciate your input and I think I know my situation pretty clear at this point. :)
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
Roseball,
I really appreciate your input and I think I know my situation pretty clear at this point. :)
ChainReaction
03-28 06:00 AM
This is a very good point ,if illegal under guest worker program can pursue a path to a citizenship after 6yrs provided that they can show they have paid taxes, learn English and pass background check...Why can't we ask the same for us, we have entered US legally without breaking any law, are paying taxes and are highly educated let aside learn English. And the senators have agreed about getting in line or behind the line (First in first out) approach for getting Citizenship, we are just asking for GC ;) ?
sathishkrish
07-23 08:54 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
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