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h1bwala
12-09 03:17 PM
Hi
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
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Pasquale
04-01 12:33 AM
*cricket chirp*
*tumbleweeed*
*tumbleweeed*
chanduv23
09-16 01:34 AM
If people are dreaming about jobs on EAD - they are in for s rude shock - they will realise what is in store for them
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smmri
04-04 06:35 AM
I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.
Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?
Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?
more...
raysaikat
04-05 05:45 PM
Hi,
Can a H4 visa holder apply for the Praxis test series and then apply for State Teacher Certification. I know on H4 we can't work but is it possible , just getting the Teacher Certification.
I believe that you can take tests as long as you formally study on your own. But get this confirmed by a lawyer.
If it's not possible on H4 then I have an option to convert H4 to L2 (as my husband will change his status from H1 to L1) and get EAD.
Just a clarification: If your spouse changes from H1 to anything, your H-4 status is automatically terminated; there is no "option" to retain it.
Can after that can I get the Teacher Certification from PA ?
I checked on PA State Teacher Certification requirement for Foreign Educated Teachers and there is one point like this.
- is a citizen of the United States or holds an resident alien (green card) visa
Will EAD/H4 considered as Resident Alien Visa ?
No.
Or without Green Card it's not possible to get this Certificate ?
Please help me.
Thanks
Can a H4 visa holder apply for the Praxis test series and then apply for State Teacher Certification. I know on H4 we can't work but is it possible , just getting the Teacher Certification.
I believe that you can take tests as long as you formally study on your own. But get this confirmed by a lawyer.
If it's not possible on H4 then I have an option to convert H4 to L2 (as my husband will change his status from H1 to L1) and get EAD.
Just a clarification: If your spouse changes from H1 to anything, your H-4 status is automatically terminated; there is no "option" to retain it.
Can after that can I get the Teacher Certification from PA ?
I checked on PA State Teacher Certification requirement for Foreign Educated Teachers and there is one point like this.
- is a citizen of the United States or holds an resident alien (green card) visa
Will EAD/H4 considered as Resident Alien Visa ?
No.
Or without Green Card it's not possible to get this Certificate ?
Please help me.
Thanks
H1b_to_GC
07-10 09:04 AM
Did you get an answer from your attorney?
Attorney confirmed that correction was made before final filing.
Also said that the Labor Certification was tied to my I-140 which also got approved.
Attorney confirmed that correction was made before final filing.
Also said that the Labor Certification was tied to my I-140 which also got approved.
more...
Blog Feeds
10-15 06:30 PM
Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
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psam
09-13 07:30 PM
Sorry for posting on this thread. But I do not know how to open a new thread. How does one do that?
I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?
Thanks for your response.
I am trying to get an appointment with US consulate in Vancouver with no luck for past 2 weeks. Checking multiple times a day doesnt help. Is there any particular time, I should look out for?
Thanks for your response.
more...
GC_ASP
09-25 01:29 PM
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nomadlhr
09-27 04:38 AM
Incase there was adelay in degree due to backlogs what information has to be entered in section 17 DS-157
enlisting of all educational institutions attended" section on DS 157 form, I completed my degree late due to backlogs .i.e. I was supposed to complete it in 1996-2000 but I completed it in 2005 due to backlogs and since I had started a job already during my studies.
Now i am confused weather I shall put 1996-2006 or 1996-2000 on dates of attendance of my university in DS 157?
Please help !
tks
Nomad
enlisting of all educational institutions attended" section on DS 157 form, I completed my degree late due to backlogs .i.e. I was supposed to complete it in 1996-2000 but I completed it in 2005 due to backlogs and since I had started a job already during my studies.
Now i am confused weather I shall put 1996-2006 or 1996-2000 on dates of attendance of my university in DS 157?
Please help !
tks
Nomad
more...
glus
12-09 03:26 PM
You maintain H-1B status as long as there is a relationship between u and ur company. This is usually showed by paystubs. If you do not, you can apply for H-1B transfer, but then the extension of stay will most likely not be granted, as the USCIS needs to see your paystubs. I would speak to an attorney about this.
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srinivasj
11-02 03:35 PM
Hi,
I know this has been discussed a lot but I need advise or suggestions..
I am under Eb2 with priority date of Jan 2007 (labor and I140 approved) waiting for date to be current so that I can file I485 AOS....
My wife wants to convert from H4 to F1 for coming Spring 2011 so that she can take assistantship..
Is it advisable to change status to F1 with priority date so close..? does it cause any problems for her I485 application since F1 status is Non-immigrant category..
Please advise..
I know this has been discussed a lot but I need advise or suggestions..
I am under Eb2 with priority date of Jan 2007 (labor and I140 approved) waiting for date to be current so that I can file I485 AOS....
My wife wants to convert from H4 to F1 for coming Spring 2011 so that she can take assistantship..
Is it advisable to change status to F1 with priority date so close..? does it cause any problems for her I485 application since F1 status is Non-immigrant category..
Please advise..
more...
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boldm28
06-18 01:19 PM
Thank you for your time and advice , really appreciate it
Thanks
Thanks
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Dhundhun
10-08 04:05 AM
How come someone with Indian Passport enter USA on Canadian PR?
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bugsbunny
05-01 04:15 PM
Guys:
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
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12-14 03:47 PM
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MONCYS
04-17 12:12 AM
jthomas,
I hope that they dont revoke my 140.
I didnt understand the 4th point.
Thanks for reply
I hope that they dont revoke my 140.
I didnt understand the 4th point.
Thanks for reply
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chanduv23
09-30 10:33 PM
Unfortunately , it is true. I personally know a friend whose I-485 was denied even without issuing any NOID or RFE. Reason, well its very obvious, the underlying I-140 was revoked, even though it was past 180 days. By law, your supposed to get NOID or RFE. but some IOs are ignorant and do not know the AC21 laws properly. So they issue straight denial. The number of cases are few because not many companies revoke I-140 past 180 days. But few companies do and some have to do it. So in these situation yes, chances are that you will get a straight denial and that is why there is thread to lobby efforts to raise some concerns to Ombudsman about these erroneous denials.
The intensity of denials is on rise now and also intensity of 140 withdrawals from ex employers is on rise.
The intensity of denials is on rise now and also intensity of 140 withdrawals from ex employers is on rise.
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paulinasmith
09-12 02:55 AM
My employer did it himself, he did not use the lawyer.
You need a professional advise as employer haven't paid proper professional attention while filling PERM.
You need a professional advise as employer haven't paid proper professional attention while filling PERM.
spicy_guy
06-15 11:33 AM
1 million? I thought 140K is max per year.
kondur_007
08-11 09:49 PM
Hello,
I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?
Thanks
Manoj
You will not have originals as they are with USCIS :D:D
Just carry copies; they rarely if ever ask for those any way.
Good Luck.
I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?
Thanks
Manoj
You will not have originals as they are with USCIS :D:D
Just carry copies; they rarely if ever ask for those any way.
Good Luck.
Well done! you have successfully gained access to Decrypted Link.
Tomorrow's top smartphone? That'll probably be a 5G phone, like the Galaxy S10 5G, and then, eventually, a foldable phone with 5G, starting with the Huawei Mate X and Samsung Galaxy Fold. But foldable phones are unproven and 5G in the US isn't in enough cities around the country to recommend. Our list will remain practical.
Our pick for best phone isn't just crowning the newest iPhone and calling it a day, though our list does have a lot of familiar names: Apple, Samsung, Google, Xiaomi, Oppo, Vivo and LG, all in the top 15. Newer companies in the US like Huawei and OnePlus make the list, too, though their limited availability is noted.
Our pick for best phone isn't just crowning the newest iPhone and calling it a day, though our list does have a lot of familiar names: Apple, Samsung, Google, Xiaomi, Oppo, Vivo and LG, all in the top 15. Newer companies in the US like Huawei and OnePlus make the list, too, though their limited availability is noted.