same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
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sd1020
02-26 02:10 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Thank you very much.
ramus
07-02 08:55 AM
What is source of this news?
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
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rb_248
09-10 04:36 PM
Folks,
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
more...
sachya
08-19 05:30 PM
Thanks all for your responses.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
Onesimus
03-01 10:00 AM
@biznuge : Haha, you might be referring "Marcellus Wallace (http://www.youtube.com/watch?v=Gj13ugh5FYw)", btw i also manage to do kinetic/type in motion titled Real Women (http://www.youtube.com/watch?v=CL0PHzv_xqo). Thanks also for the comment!
more...
Ramba
10-27 05:11 PM
Hi,
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
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acecupid
06-12 04:10 PM
You are currently not eligible for I-140 premium processing. However, I-140 premium processing will soon be available to everyone by end of summer. This information is from recent AILA convention with USCIS and DOS officials as quoted in murty bulletin
more...
Lord Rahl
03-25 01:26 AM
Nice pencils! Is this graphite?!
Not sure, I have alot of pencils with different materials and shades and I normally just pick some at random when I draw. lol, but it probally was. I also got some ruler looking thing which I just recently figured out was for shading. :)
Not sure, I have alot of pencils with different materials and shades and I normally just pick some at random when I draw. lol, but it probally was. I also got some ruler looking thing which I just recently figured out was for shading. :)
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bobzibub
11-06 02:23 PM
Hello,
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
more...
fcres
01-10 02:33 PM
When i saw the smiley next to the subject, i thought it came out and there is significant movement :(
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praveen2008
02-13 01:24 PM
Hi
My wife is on a H4 visa. Her visa is going to expire june 2010... she has to go to India later this month on a very urgent work....
So is it advisable to go considering the scrutiny at port of entry nowadays ???
FYI she will be travelling by herself...
My wife is on a H4 visa. Her visa is going to expire june 2010... she has to go to India later this month on a very urgent work....
So is it advisable to go considering the scrutiny at port of entry nowadays ???
FYI she will be travelling by herself...
more...
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yabadaba
04-22 12:34 PM
it means your case has a new lud
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ashres11
04-06 09:27 PM
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
more...
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purgan
10-06 10:41 PM
There is a story in the Oct 6 Wall Street Journal on high skilled immigration reform. If anyone has a subscription to that, pl. post for the benefit of members...
OpinionJournal's Political Diary
Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
2:30 p.m. EDT
http://www.opinionjournal.com/
=======
Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.
http://www.economist.com/surveys/displaystory.cfm?story_id=7961938
Here are some excerpts
Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.
Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
http://www.economist.com/surveys/displayStory.cfm?story_id=7961894
OpinionJournal's Political Diary
Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
2:30 p.m. EDT
http://www.opinionjournal.com/
=======
Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.
http://www.economist.com/surveys/displaystory.cfm?story_id=7961938
Here are some excerpts
Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.
Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
http://www.economist.com/surveys/displayStory.cfm?story_id=7961894
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jase21
01-12 04:06 AM
Ok. Thanks.
more...
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santa123
06-17 10:02 PM
It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....
Thanks!
But I am with my current employer for the past 5 yrs (In India & US together)!!!
Is that exp not counted at all?:confused:
My GC is for future employment with another employer though...
Thanks!
But I am with my current employer for the past 5 yrs (In India & US together)!!!
Is that exp not counted at all?:confused:
My GC is for future employment with another employer though...
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dilbert_cal
03-09 05:51 PM
Answer Embedded
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
YES
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
YES
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
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grinch
06-24 06:18 PM
Thanks gh0st, appreciate that.
venky321
08-16 01:17 PM
The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
GCwaitforever
04-06 05:34 PM
'Masala Dosa' and I met with staff of Senators Mel Martinez and Bill Nelson. The meetings went very well. We had the opportunity to see the compromise announcement on the floor while we were in the office of Senator Martinez. That was a good deal.
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
