go_guy123
05-22 02:37 PM
Thanks for your Reply.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
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hebbar77
12-09 09:01 PM
On bench with GC... Thats like you are out of job isn't it? On H1 if this happens its also illegal. I assume bench means no pay or LOWER than normal pay for the job.
Rajkrish9
10-31 11:31 AM
Public can enlighten their experiences..
Thanks in Advance.
Raj.
Thanks in Advance.
Raj.
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Nil
05-04 05:07 PM
i travel this leg regularly - at least once every year. 2 hrs is good enough. Pls ensure you have a stamped visa when returning.
more...
pappu
02-09 01:39 PM
Call up AILA and ask them what are your options. Do not tell them the lawyer name yet.
Contact the state bar of this lawyer. Each lawyer is licensed to practice in his state. call them up and ask for your options.
pls post your answers on this thread so that everyone can know how to deal with such lawyers and what rights (clients) have.
Contact the state bar of this lawyer. Each lawyer is licensed to practice in his state. call them up and ask for your options.
pls post your answers on this thread so that everyone can know how to deal with such lawyers and what rights (clients) have.
sweet_jungle
10-21 01:12 PM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
more...
kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
2010 Puggle
samcam
07-19 12:08 PM
Btw, NBC might not do anything with it at all, but NSC on the other hand might..
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
more...
NO_Free_Rider
09-10 09:13 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006. .... ....
That was real quick to get Labor & I-140 approved in 6 months. I thought PERM is taking more time these days. Also at this pace who needs premium I-140 processing?
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006. .... ....
That was real quick to get Labor & I-140 approved in 6 months. I thought PERM is taking more time these days. Also at this pace who needs premium I-140 processing?
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DallasBlue
06-24 12:30 AM
Sorry to hear that !!
Medical records are initial evidence. what it means is, that you must submit the medical records with the 485.
If you can attach some report from doc saying that it is curable or is of less percentage and blah blah blah .... as said earlier you can send in the clear report later.
hope you get out of this soon!!!
Just seek legal opinion and second medical opinion too.
Medical records are initial evidence. what it means is, that you must submit the medical records with the 485.
If you can attach some report from doc saying that it is curable or is of less percentage and blah blah blah .... as said earlier you can send in the clear report later.
hope you get out of this soon!!!
Just seek legal opinion and second medical opinion too.
more...
h14life
06-19 03:33 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
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hoggus
11-30 01:14 AM
Thank you very much for the replies.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
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nkavjs
11-15 10:00 AM
I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.
There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.
From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!
By this location I mean where Ashleys furniture is on US 31 and 146th Street.
I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.
Hello Folks :
I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
Thanks
RPH
There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.
From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!
By this location I mean where Ashleys furniture is on US 31 and 146th Street.
I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.
Hello Folks :
I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
Thanks
RPH
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waitin_toolong
08-15 06:51 AM
and since you applications are not being filed with I-485 you will have to pay the new fee.
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yabadaba
07-02 09:47 AM
if you really doubt.. then get the hell outa here you illegal jerk. go back to your gas station.
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chanduv23
09-15 08:40 PM
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
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desi485
06-08 03:04 PM
Mahindra has been selling farm vehicles, tractors and stuff, in the USA for quite some time now. I doubt if you want to buy a tractor.
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
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gconmymind
08-19 03:11 PM
I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.
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jcrajput
12-31 09:26 AM
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
I have one more question. How I can apply for AP? How long AP is valid for?
ar
02-04 06:07 PM
I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.
Who were you talking about
Who were you talking about
bondgoli007
09-29 07:57 PM
Hi,
Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. Mine was filed in May and I also had to reply to an audit.
In your case because your PERM was applied more than 365 days before your 6th year H1 expires, even if you PERM approval doesn't come until Jun 09, your employer can file for a 1 year extension.
Now, I am not very sure about this scenario in case of a PERM denial. Maybe someone else can comment on that one.
Thanks.
Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. Mine was filed in May and I also had to reply to an audit.
In your case because your PERM was applied more than 365 days before your 6th year H1 expires, even if you PERM approval doesn't come until Jun 09, your employer can file for a 1 year extension.
Now, I am not very sure about this scenario in case of a PERM denial. Maybe someone else can comment on that one.
Thanks.
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