krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
wallpaper Neck Flower Tattoo
eb2_immigrant
12-11 01:04 PM
EB2/Dec 2005/Texas -2yrs EAD
eb3retro
07-08 08:47 AM
Guys,
Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.
anyone??? any thoughts???
Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.
anyone??? any thoughts???
2011 small flower tattoo. Madhuri
shaji_p_j
08-05 12:51 AM
you may need to apply for h4 again since she used the EAD. Discussing with a good attorney who is knowledgable on this case is very important. Hope you have not used your EAD if got one. If used the issues can be worse as you may lose your h1B status as well.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
more...
andyny73
12-10 10:11 AM
Thank you for your reply.
Andrea
Andrea
vnsriv
11-04 10:38 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
more...
guyfromsg
07-26 08:31 PM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
2010 Flower Tattoo On Back Of Neck.
MatsP
July 4th, 2006, 01:19 PM
Welcome to Dphoto, 12bar.
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
more...
frostrated
12-01 11:22 AM
hello folks..
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
hair Lily Flower Tattoos on Neck
hsadan
09-30 07:55 AM
haha..but i can't seem to find a suitable color scheme :P
um...looks gritty? u talking about the 'rays', rite? i made it by drawing the lines and then radial blurring it...i used the good quality, maybe i should use the best quality next time :)
i have made some changes, including removing the words in the upperleft..but i can't change the flare cos i don't want to do it again :smirk: (took quite awhile ;))
thx for your comments...
(Anyone else? =) )
um...looks gritty? u talking about the 'rays', rite? i made it by drawing the lines and then radial blurring it...i used the good quality, maybe i should use the best quality next time :)
i have made some changes, including removing the words in the upperleft..but i can't change the flare cos i don't want to do it again :smirk: (took quite awhile ;))
thx for your comments...
(Anyone else? =) )
more...
desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
hot Aztec Flower Tattoo Design
EAD
03-30 12:04 PM
When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.
Though it was 3 years back I am not sure if its done the same way now also.
Though it was 3 years back I am not sure if its done the same way now also.
more...
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uma001
10-30 04:43 PM
Hi,
I got a RFE on my 485 to submit all the W-2 and 1040. I do not have one of my W-2 form which my previous employer never provided me.
I want to write a covering letter regarding non availability of that W2. I have email proofs of my requests to the employer regarding the W2. I also want to attach a copy of the letter which IRS has sent me regarding the complaint I have filed regarding the same.
Could any of you guys help me with a format of the letter and also what all I need to include in that letter. I also need to know to whom should this letter be addressed.
Thanks for any help.
How many years you worked in US, How many years of W-2 they requested you to submit?
I got a RFE on my 485 to submit all the W-2 and 1040. I do not have one of my W-2 form which my previous employer never provided me.
I want to write a covering letter regarding non availability of that W2. I have email proofs of my requests to the employer regarding the W2. I also want to attach a copy of the letter which IRS has sent me regarding the complaint I have filed regarding the same.
Could any of you guys help me with a format of the letter and also what all I need to include in that letter. I also need to know to whom should this letter be addressed.
Thanks for any help.
How many years you worked in US, How many years of W-2 they requested you to submit?
tattoo Organic Flower Neck Tattoo
smisachu
09-04 05:16 PM
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved.
Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved.
Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.
more...
pictures How about a small tattoo of a
tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
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noida123
07-29 07:33 PM
Sona 75, Sent u a PM
more...
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factoryman
06-19 11:42 AM
OK. I give you the benefit of doubt. I gave 10 detailed replies on this subject.
but a search for 'skin test' gave me:
Search: Key Word(s): "skin, test" ; Forum: All other Green Card Issues and child forums
Showing results 1 to 6 of 6
Search took 0.03 seconds.
Doctor will keep x-ray. and write a report that there is no evidence of any active contagious TB infection now or in the past. Something like that. he will enclose it in the sealed cover.
Plus
advice to county to start INH regimen.
or
nothing. Go home nicely. As in my case.
but a search for 'skin test' gave me:
Search: Key Word(s): "skin, test" ; Forum: All other Green Card Issues and child forums
Showing results 1 to 6 of 6
Search took 0.03 seconds.
Doctor will keep x-ray. and write a report that there is no evidence of any active contagious TB infection now or in the past. Something like that. he will enclose it in the sealed cover.
Plus
advice to county to start INH regimen.
or
nothing. Go home nicely. As in my case.
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GCKaIntezar
01-03 08:46 AM
Hi Pappu,
Please PM me your email id and I'll send that to you today.
could someone send a scanned copy of this artcle by email so that it can be posted?
Please PM me your email id and I'll send that to you today.
could someone send a scanned copy of this artcle by email so that it can be posted?
hairstyles Flower Tattoos,
ajaykk
02-21 01:36 PM
Just a quick update, the company B confirmed that they are going to provide me EVL mentioning me as FT. I gave them the below format which I got from the forum and they are ok with it. Now my question is do I need to invoke AC21 when I join company B, will there be any issues to my wife who is on EAD with my original petitioner A?
Employment Verification Letter
From: Date: 03/08/2011
XXX,
Sr Manager,
Company Name.
Atlanta, GA
To:
The Director,
U.S. Citizenship & Immigration Services,
XXX
Re: Employment Verification of Mr.ABC
Dear Sir/Madam,
This letter is to certify that Mr.ABC has joined <Company name>. on 7th March 2011 as a Senior Software Developer) with an annual salary of $XXX.
Although, his employment is at-will, he will be working as a permanent full-time employee.
His duties at <Company name> include:
� <Duties>
We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).
If you have any questions you are welcome to contact me.
Truly Yours,
XXX, Sr. Manager,
Employment Verification Letter
From: Date: 03/08/2011
XXX,
Sr Manager,
Company Name.
Atlanta, GA
To:
The Director,
U.S. Citizenship & Immigration Services,
XXX
Re: Employment Verification of Mr.ABC
Dear Sir/Madam,
This letter is to certify that Mr.ABC has joined <Company name>. on 7th March 2011 as a Senior Software Developer) with an annual salary of $XXX.
Although, his employment is at-will, he will be working as a permanent full-time employee.
His duties at <Company name> include:
� <Duties>
We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).
If you have any questions you are welcome to contact me.
Truly Yours,
XXX, Sr. Manager,
crazyghoda
08-17 06:06 PM
.... for 4 years. It was expiring in Dec 2009 and they renewed it till Dec 2013. No questions asked about immigration status at all. I did have to show a utility bill to show my new address and that was it. Paid $10 and got my license.
Chicago rocks!
Chicago rocks!
solaris27
12-05 11:45 AM
Q1. should i file under "Spouse of U.S. citizen/resident alien" or "Dependent/spouse of a nonresident alien holding a U.S. visa".
Dependent/spouse of a nonresident alien holding a U.S. visa
Q2. what are the documents I need to submit with the W-7 form.
IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:
National identification card (must show photo, name, current address, date of birth, and expiration date)
U.S. driver's license
Civil birth certificate
Foreign driver's license
U.S. state identification card
Foreign voter's registration card
U.S. military identification card
Foreign military identification card
Visa
U.S. Citizenship and Immigration Services (USCIS) photo identification
Medical records (dependents - under 14 years old only)
School records (dependents and/or students - under 18 years old - only)
Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.
No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
Q4. How much is the fee for the ITIN no.
FREE
Dependent/spouse of a nonresident alien holding a U.S. visa
Q2. what are the documents I need to submit with the W-7 form.
IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:
National identification card (must show photo, name, current address, date of birth, and expiration date)
U.S. driver's license
Civil birth certificate
Foreign driver's license
U.S. state identification card
Foreign voter's registration card
U.S. military identification card
Foreign military identification card
Visa
U.S. Citizenship and Immigration Services (USCIS) photo identification
Medical records (dependents - under 14 years old only)
School records (dependents and/or students - under 18 years old - only)
Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.
No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
Q4. How much is the fee for the ITIN no.
FREE
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