eb3_nepa
07-20 04:50 PM
But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.
Biju, whom did you ask, an immigration attorney or just on forums?
Biju, whom did you ask, an immigration attorney or just on forums?
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zCool
12-21 09:49 AM
There are some companies that enter into agreements with ppl like that. Of course it is not legal and of course it's exploitative and predatory.. but depends what was decided.. If his employer offered with 100K on paper but talked abt this type of arrangement verbally (assuming he got sub labor at the same time ) it might make sense.. in any other case.. he's getting ripped off and better that he sues the employer.. merely credible threat of lawsuit should make the company pay..
tinku01
03-26 01:05 PM
in Coming may bulletin EB2 will go upto July 2004
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DSLStart
12-16 10:32 AM
Very first thing hire your own attorney if new company is not providing one. Have your attorney send USCIS G-28 (change of attorney) on your 485 and other pending cases. Make sure the new attorney sends this out on the second day you meet him. This way your ex employer's attorney will have not control over your case. Spend money from your own pocket if new company not providing attorney as this is an important thing.
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
more...
krustycat
03-11 09:12 AM
Anyone Know How To Start New Thread?
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
Berkeleybee
04-12 12:56 PM
Thanks for putting up the link Learning01. Karin got in touch with us and I had several calls with her cluing her into the facts and figures. She herself is an immigrant from Sweden.
Good to see our leads payoff.
best,
Berkeleybee
Good to see our leads payoff.
best,
Berkeleybee
more...
capriol
07-06 02:32 PM
you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.
Dear friends,
I received all the three responses to my queries on AP travel. All three of you have confirmed the same. Thanks a lot, I feel a lot better now. Although, as one of you mentioned about a transit visa through the EU, I will be waiting within the Amsterdam airport for 3 hours to take the connecting U.S flight, and so I don't think I need a transit visa. Thanks a lot.
Dear friends,
I received all the three responses to my queries on AP travel. All three of you have confirmed the same. Thanks a lot, I feel a lot better now. Although, as one of you mentioned about a transit visa through the EU, I will be waiting within the Amsterdam airport for 3 hours to take the connecting U.S flight, and so I don't think I need a transit visa. Thanks a lot.
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peer123
04-03 07:20 PM
Thanks for your inputs,... I welcome others thoughts and experience on this topic
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DSLStart
07-28 03:56 PM
The reason for transfer as per email was that the jurisdiction is now TSC But why now? why not transferred along with 485 in 2007?
Orignal poster,
what was your message in email/online status?
is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
Orignal poster,
what was your message in email/online status?
is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
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wandmaker
01-09 01:22 PM
I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.
-M
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
-M
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
more...
gc_on_demand
03-31 01:20 PM
For once, I like what Grassley is doing.
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
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indyanguy
12-18 08:15 PM
Gurus,
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
scottrade.com
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
scottrade.com
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rangaswamy
01-16 05:21 PM
Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.
I shifted employers too, my new attorney said it was best to transfer h1b and then do ac21 to take care of gc process. My h1 was approved in 4 days, with premium processing.
AC21 papers sent in first week of dec.
Stay on h1.
AR
I shifted employers too, my new attorney said it was best to transfer h1b and then do ac21 to take care of gc process. My h1 was approved in 4 days, with premium processing.
AC21 papers sent in first week of dec.
Stay on h1.
AR
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gc2005
11-17 01:48 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
Is there really that many applicants from India than China
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BharatPremi
04-16 04:34 PM
What is an "MTR"?
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govindk
10-25 11:15 AM
I filed my application on July27th. Completed FP on 10th Oct. I have not received EAD yet. When i called USCIS, I got response to wait 90days from the receipt date.
more...
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somegchuh
06-11 12:49 PM
I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
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fide_champ
11-08 12:26 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.
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krishmunn
01-20 09:36 AM
We are expecting, so I do not think it is possible to change insurance. We still tried and got rejected. So that we will leave us with COBRA in case my wife chooses to quit or something happens to her job. And does H4 visa affect COBRA coverage? If you can answer this question that will be very helpful.
She should be eligible for COBRA ... no issues.
And I guess she is also eligible for the discount/economic stimulus on COBRA. I did not see anything that suggest one must be a Citizen/LPR for that discount
She should be eligible for COBRA ... no issues.
And I guess she is also eligible for the discount/economic stimulus on COBRA. I did not see anything that suggest one must be a Citizen/LPR for that discount
CHHAYA
04-20 07:08 AM
I filed paper EAD renewal to TSC. TSC received application on 4/14/11 but my check is not cashed yet. How long they take to deposit the check and issue the receipt notice?
s416504
11-16 01:30 PM
After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
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