buehler
12-12 05:10 PM
Hi,
The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.
My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.
Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?
Siva
The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.
My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.
Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?
Siva
wallpaper Peace, Love, Cake -- Address
uma001
04-26 10:16 AM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
sri1234
05-15 05:18 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
2011 The Peace, Love and Poundcake
martinvisalaw
01-26 10:37 AM
He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
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conundrum
06-23 03:47 PM
Isn't it high time we started a state chapter. I am from Cincinnati, and would gladly like to host a meeting so that we can get this going. :)
fromnaija
09-15 08:05 PM
It is possible if you have an I-140 approval for the EB3 labor certification. The procedure is that at the time of applying for the EB2 I-140 you would ask that you be accorded the earlier priority date of the approved EB3 I-140.
But since , in your cae, it would appear you did not file an I-140 for the EB3 LC, you are out of luck.
But since , in your cae, it would appear you did not file an I-140 for the EB3 LC, you are out of luck.
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ChalapathiChitturi
07-22 03:23 AM
I got my I-140 (EB3) approved with the priority date of November-2004.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
2010 Peace, love amp; ice cream.
raviram1980
01-18 02:31 AM
hi all,
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
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leoindiano
08-08 03:20 PM
Great, gather here...
http://immigrationvoice.org/forum/showthread.php?t=20680
http://immigrationvoice.org/forum/showthread.php?t=20680
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raysaikat
07-31 07:21 PM
Hello all,
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?
I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.
My question is:
1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).
2: Would my F1 application cause my 485 to be denied or vice versa ?
Thanks in advance
Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?
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bindas74
01-25 11:35 AM
Anyone please share ur opinion.
Thanks
Any opinions please?
Thanks
Thanks
Any opinions please?
Thanks
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.jpg "His promises of love,")
mmk123
04-23 11:56 AM
I think they carry only their own documents + hdfc receipt etc stuff in original.
All other documents (that are not issued to them) are a copy e.g. your I797 notice, copy of your passport, visa etc.
Your Birth certificate is one such document hence copy should be fine. And also your passport also has a name of each parent.
All other documents (that are not issued to them) are a copy e.g. your I797 notice, copy of your passport, visa etc.
Your Birth certificate is one such document hence copy should be fine. And also your passport also has a name of each parent.
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willigetagc
11-13 05:33 AM
I am sure this may have been asked already but I coudn't find a thread.
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
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seeking_GC
07-02 09:45 AM
I live/work in california - and on the I-485 form it says the address is :
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.
more...
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bkarnik
06-25 05:14 PM
Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.
dresses His promises of love,
irukandji
03-24 03:03 PM
there is a little logic involved here. what if you changed the jobs between your AC21 and latest NOID. I think CIS just wants to make sure you are still hired by issuing a NOID even though they looked into AC21.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
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ras
04-12 02:44 PM
Some where I read that there is no fee for renewal of AP. I am a Jul 07 filer and am not sure about this. Further already applied last for Advance parole and travelled till it got expired last month. I am applying for a new one again. So just wanted to know if I need to pay the fees $305.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
girlfriend Ruby with birthday cake:)
synergy
01-29 11:29 PM
I am on H1B for the past 8 years. EB3 2003 Jan /140 approved long back. Has a valid EAD but never used. I recently changed my employer and the new employer did H1B transfer rather than using EAD.The company lawyer submitted an AC21 application along with the H1b transfer. Due to some family reasons ,the new job seems to be not going to work for me. Is it possible for me to find another job and work under my EAD ? What will happen my new empoyer cancel my H1B ?How many times I can use AC21? Is there a time difference before using the AC21 ?
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ss1026
06-14 09:38 AM
I have a pending I-140 with a Feb2004 PD which may or may not be approved and I have a Feb2005 PD with approved I-140. Which is a better stragety. Risk with the old PD and play safe and wait long for a GC?
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
sathishav
05-12 05:39 PM
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
MiniCooperS123
July 22nd, 2004, 03:19 PM
I own a couple of lenses for a canon camera and would like to get a Nikon D70. Something that would greatly encourage me to do so would be if I could use my current lenses with the D70. I have found some adapters but I have no clue which one I would need. One lens is a Canon EF 28-80mm and the other is a Sigma 100-300mm if that helps. Hopefully somebody here knows. The staff at camera shops usually never respond to my emails, unless I have bought something or I tell them i am going to buy something from them soon. :rolleyes:
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