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
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zamoo
09-29 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
CADude
09-25 01:56 PM
You never know which one will click. I got standard reply and some info. But still it's btter than doing nothing.
Please look "July 2nd - No Activity" tread for more details.
Good Luck.
Please look "July 2nd - No Activity" tread for more details.
Good Luck.
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purgan
04-04 08:52 PM
HI All,
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
more...
Dakshini R. Sen
06-24 11:34 PM
Enter your employer's name and address in question number 15. The advice you have got from the IO is not correct. You will not be put into deportation the moment you lose your job. You have time to either transfer your H1 or file a petition for a change of status to another classification.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
chanduv23
09-16 10:08 AM
And what about Tri State folks - Tri State has the largest pool of talented skilled foreign workers stuck in the logjam.
All you have to do is just come forward
All you have to do is just come forward
more...
suryamnb
11-15 04:36 PM
Does any one got "AP" approved, who applied in the month of august?from NSC.
Hi,
I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
EAD card received on Nov 9, AP travel doc received on Nov 14th.
FP Notice received on Oct 30, scheduled for Nov 27.
Thanks!
Hi,
I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
EAD card received on Nov 9, AP travel doc received on Nov 14th.
FP Notice received on Oct 30, scheduled for Nov 27.
Thanks!
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smisachu
03-30 03:46 PM
Can you give details of the Cruise? I am thinking of an Alaskan cruise too.
more...
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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Laasya05
12-29 08:38 PM
Sorry I may sound lame but what is the new rule regarding H4 to H1B?
more...
sparky_jones
06-02 05:09 PM
The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.
The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.
The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.
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Swati Solanki
10-04 04:08 PM
Mine was received on 18th july too by R Cook. No news yet! Did anyone's cheque got cashed out?
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pappu
05-04 11:00 AM
Thank you for the initiative. This will be a big help. Everyone should try to do the same in their districts so make sure our issues are known to every lawmaker.
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acecupid
07-08 04:31 PM
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
more...
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loudobbs
08-28 05:54 PM
My occupation code on the labor notice is 189167030 which is for 'program manager' but the description on the labor notice is Consultant which is for a different code 189167010.
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
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wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
more...
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jcrajput
06-25 07:40 PM
Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
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Ann Ruben
03-01 09:21 AM
Sganny,
It is possible to obtain extended B-2 status based on the need for medical treatment in certain cases. In addition to providing strong documentation of your son's medical needs, you would also need to show that he would not be able to get adequate treatment in your home country. Additionally, you would have to provide documentation to show financial resources sufficient to support your family without having to work in the US.
Ann
It is possible to obtain extended B-2 status based on the need for medical treatment in certain cases. In addition to providing strong documentation of your son's medical needs, you would also need to show that he would not be able to get adequate treatment in your home country. Additionally, you would have to provide documentation to show financial resources sufficient to support your family without having to work in the US.
Ann
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Cheran
02-15 11:42 AM
Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.
tish
06-26 05:37 PM
question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?
Doesn't matter as long it is in SEVIS system
Doesn't matter as long it is in SEVIS system
bobzibub
10-06 05:22 PM
I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Maybe they could use bits of the Berlin wall?
Berlin Wall for Sale - Buy Pieces of the Berlin Wall (http://www.berlin-wall.net/orderform.htm)
:D
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Maybe they could use bits of the Berlin wall?
Berlin Wall for Sale - Buy Pieces of the Berlin Wall (http://www.berlin-wall.net/orderform.htm)
:D
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