h1bwala
12-09 03:17 PM
Hi
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
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ocean27
11-20 09:58 AM
excuse me if posting on wrong tread .
I saw strange messg on my I-485 while checking the status what does this mean.
Review of the fingerprints taken relating to this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS has been completed. Processing of this case continues. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I saw strange messg on my I-485 while checking the status what does this mean.
Review of the fingerprints taken relating to this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS has been completed. Processing of this case continues. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
deepimpact
08-16 02:38 PM
I travelled via Frankfurt with a valid I-797 and without a current H1B visa stamp (was going to India for my 1st stamping) last year. I had confirmed with the German Counsulate in US that as long I have valid I-797 I don't need a transit visa.
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kanshul
02-03 09:08 AM
I agree. Please use proper legal advise. Also see if youo can do a permium processing for I140 as it may be helpful to have a approved 140 for H1B extension and priority date retention.
more...
Jaime
09-15 10:23 PM
I'm not from India but I believe in Karma. We create our own future through our actions. If we perform a good action today we can expect a good result. That is why it is so important that the undecided people attend the rally!
Think of retrogression as Sansara. A vicious circle. It is only by acting and creating our own Karma that we will get out of Maya and see reality. Our gren cards will not fall from the sky, we have to go get them! By not going to Washington and assuming that your green card will suddenly appear out of nowhere, you are proving to yourself that you are stuck in some sort of immigration avidya.
We need to act with selflessness as in Karma Yoga, so that we can understand how our unity will bring the results we seek, to all of us.
Remember Arjuna when he realizes before the battle that his enemies are his own family. We at IV should not be our own enemies by not attending the rally, because we all know what Krishna told Arjuna: "Your duty is to fight"
Instead of hurting each other, we need to use karma and our friendship for each other to unite in our common cause and fight. Remember, our duty is to fight, it is our choice then to fight against each other (by not attending the rally and letting others do it) or fight all together, united against retrogression, and create the good Karma that will ultimately defeat the broken immigration system.
We all are family! Let's fight together friends!!! Come JOIN US IN DC!!!!
Think of retrogression as Sansara. A vicious circle. It is only by acting and creating our own Karma that we will get out of Maya and see reality. Our gren cards will not fall from the sky, we have to go get them! By not going to Washington and assuming that your green card will suddenly appear out of nowhere, you are proving to yourself that you are stuck in some sort of immigration avidya.
We need to act with selflessness as in Karma Yoga, so that we can understand how our unity will bring the results we seek, to all of us.
Remember Arjuna when he realizes before the battle that his enemies are his own family. We at IV should not be our own enemies by not attending the rally, because we all know what Krishna told Arjuna: "Your duty is to fight"
Instead of hurting each other, we need to use karma and our friendship for each other to unite in our common cause and fight. Remember, our duty is to fight, it is our choice then to fight against each other (by not attending the rally and letting others do it) or fight all together, united against retrogression, and create the good Karma that will ultimately defeat the broken immigration system.
We all are family! Let's fight together friends!!! Come JOIN US IN DC!!!!
mordaut
04-27 08:47 PM
Ummm... Bump?
more...
bugsbunny
05-01 04:19 PM
also see this for detailed rules
Electronic Code of Federal Regulations: (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;rgn=div5;view=text;node=20%3A3.0.2.1.36 ;idno=20;sid=690987c0156ce32c189d9ec09319aa2b;cc=e cfr)
Electronic Code of Federal Regulations: (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;rgn=div5;view=text;node=20%3A3.0.2.1.36 ;idno=20;sid=690987c0156ce32c189d9ec09319aa2b;cc=e cfr)
2010 Finally Famous Vol 3 coming
subba
01-03 03:10 PM
In general, I see a lot of members quoting stuff that indicates shortage of tech workers and saying we should use them.
While this is true, it is worth understanding/appreciating the fact that most of these articles are aimed towards increasing H1 quota and not necessarily improving EB retrogression.
We should be a little careful which articles we use.
Hi,
The following is an article I read and want to share with fellow GC seekers. This clearly indicates that there is a real big need for Tech workers in US and companies are finding difficult to fill the vacancies.
http://www.datawarehouse.com/article/?articleid=6816
I hope IV may be able to get in touch with researcher and get more detailed information. This may also help them while meeting House Reps and Congressmen.
nlssubbu
While this is true, it is worth understanding/appreciating the fact that most of these articles are aimed towards increasing H1 quota and not necessarily improving EB retrogression.
We should be a little careful which articles we use.
Hi,
The following is an article I read and want to share with fellow GC seekers. This clearly indicates that there is a real big need for Tech workers in US and companies are finding difficult to fill the vacancies.
http://www.datawarehouse.com/article/?articleid=6816
I hope IV may be able to get in touch with researcher and get more detailed information. This may also help them while meeting House Reps and Congressmen.
nlssubbu
more...
frost_oni
04-08 10:05 PM
the edges in the lighthouse are a bit too sharp....they look a bit cheap compared to the first one; try adding a slight texture [ nothing complex or too saturated ]to the cliff edge to make it look darker and edgy....if you get my drift.....
hair 2011 Big Sean: Finally Famous
ravi.shah
01-25 01:04 PM
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/17658-how-to-post-a-question-how-to-start-a-new-thread-etc.html
Thanks Vedicman !!
Thanks Vedicman !!
more...
eagerr2i
08-30 11:57 AM
What are you smoking? Would you please share with the forum?
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devidasc
02-04 12:10 PM
At lease H1B should qualify for Stimulus amount if not H4
H1B has valid SSN and should qualify for Stimulus amount even if they are filing the taxes as married filing jointly with spouse having H4.
lets hope and try for it.
H1B has valid SSN and should qualify for Stimulus amount even if they are filing the taxes as married filing jointly with spouse having H4.
lets hope and try for it.
more...
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kannan
02-27 12:48 PM
I opened 2 SR 's on my name and 2 on my wife's name, no use at all.I am a july 2nd filer transfered from NSC to CSC, still in CSC only,not transfered back to NSC.
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ddeka
03-24 09:22 AM
No reply yet!!!!
more...
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sbay2006
07-12 05:38 AM
Hi All,
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.
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kerz
01-12 11:25 AM
Hi All,
If the H-1B sponsor is non-profit organization do they still need to follow rules of privilege wage?
Where can I find the information about the sponsorship process with non-profit?
Thanks a lot!!!!!!!!!!!
If the H-1B sponsor is non-profit organization do they still need to follow rules of privilege wage?
Where can I find the information about the sponsorship process with non-profit?
Thanks a lot!!!!!!!!!!!
more...
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Blog Feeds
05-17 01:40 AM
The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
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needhelp!
02-07 01:02 PM
Trying my best.. Spent over $70 in stamps so far.. more to come
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cchaitu
10-08 11:07 AM
Hi GURU's,
I received my original I 485 receipt on which my receipt date is - July 10 2007 and Notice Date is - Sep 12 2007 from CSC(even though I applied to NSC)
After one week I have received Transfer Notice from CSC on which receipt date is - Sep 12 2007 and Notice Date is- Sep 17 2007 saying that my case is transferred to NSC
Now I am confused,
Which one should I consider as actual I 485 receipt date
July 10th (Original Receipt Receive Date) or Sep 12th (Transfer Notice Receive Date)
Please somebody help me, As I planning to use AC21 on Jan 10 2008, Thanks in Advance...
I received my original I 485 receipt on which my receipt date is - July 10 2007 and Notice Date is - Sep 12 2007 from CSC(even though I applied to NSC)
After one week I have received Transfer Notice from CSC on which receipt date is - Sep 12 2007 and Notice Date is- Sep 17 2007 saying that my case is transferred to NSC
Now I am confused,
Which one should I consider as actual I 485 receipt date
July 10th (Original Receipt Receive Date) or Sep 12th (Transfer Notice Receive Date)
Please somebody help me, As I planning to use AC21 on Jan 10 2008, Thanks in Advance...
kgb
06-02 12:47 AM
Hi, This is my first time here. I have been hearing a lot about H1-extensions facing challenges. One of my friends, who is a consultant has got his H1-extended only for a the next 6 months. I understood from him that his client manager was called and asked how long his project will last and since the answer was, "6 months as of now, and longer if the market picks up", he was given the extn for 6 months. Another friend of mine who works full-time in a technology company has got his H1 extended for 3 years. My question: Has any of you(if you are a consultant) got your visa extended for 3 years, or do you know of a consultant who has got his visa extended for 3 years in the last few months. I know, that consultants face a lot of scrutiny, but wanted to confirm if for all of them, the extensions are limited.
gcseeker2002
06-25 12:16 PM
If you sign today, put todays date