a_yaja
10-01 09:37 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.
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Sreenuuk
08-07 09:24 AM
August Visa Bulletin is out.
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
extofu
03-07 09:02 AM
Here is my situation
Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions
1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped
2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?
Your help will be deeply appreciated
Thanks
Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions
1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped
2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?
Your help will be deeply appreciated
Thanks
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Sri_
03-18 07:30 AM
kpchal2,
I think you might be aware that Priority date will be present on I-140 Approval Notice. In case if you donot have access to copies of I-140 approval notices, then you may try the following option, provided you atleast know the receipt numbers of the I-140 applications.
Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140.
Thanks
Sri_
I think you might be aware that Priority date will be present on I-140 Approval Notice. In case if you donot have access to copies of I-140 approval notices, then you may try the following option, provided you atleast know the receipt numbers of the I-140 applications.
Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140.
Thanks
Sri_
more...
logiclife
06-29 12:20 PM
I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)
Lets see how many years it will take for him to finally grant me my wish.
Yeah. Why not put a red stocking (christmas stocking) in the mail box tagged "For Greencards only. Do not put pizza hut coupons in here. This is for USCIS approval notices and greencards only".
Lets see how many years it will take for him to finally grant me my wish.
Yeah. Why not put a red stocking (christmas stocking) in the mail box tagged "For Greencards only. Do not put pizza hut coupons in here. This is for USCIS approval notices and greencards only".
psgprasad
02-22 10:32 AM
I had the same problem last year.
1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.
I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.
I would suggest, you contact a attorney soon.
My suggestions are my experience and stuff, I am not an attorney to give you legal advise.
1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.
I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.
I would suggest, you contact a attorney soon.
My suggestions are my experience and stuff, I am not an attorney to give you legal advise.
more...
makemygc
04-16 04:14 PM
How early can we apply for EAD before it expires? I know it is either of these: 180 days, 120 days or 90days ?
Does someone know the exact days?
Thanks
You dont have to answer that question. They have all your records, just provide your A# and they will find out.
I chose to answer the questions with * only which are required fields.
Thanks
Does someone know the exact days?
Thanks
You dont have to answer that question. They have all your records, just provide your A# and they will find out.
I chose to answer the questions with * only which are required fields.
Thanks
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gcisadawg
04-16 04:27 PM
Are there civil surgeons approved by USCIS in India who can do the TB test for her?
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
more...
snathan
06-24 10:18 PM
Hopefully there wont be any answer for you guys. People are waiting in line for years and you guys cut short with sub labor. Good keep it up.
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indianoverclocker
06-30 08:20 PM
Hi!
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
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hianupam
11-17 06:35 AM
Yep - got mine 2 months back. Docs to carry
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?
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swartzphotography
June 25th, 2006, 06:58 PM
i dont know about paying but i shure would take pics of the event lolShow of hands. How many would pay to see Fred streak pushing his baby buggy full of gear?
more...
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rdx0
01-09 06:57 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
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willigetagc
08-13 01:57 AM
another distraction for the officers? already they are eagerly waiting for the visa bulletin (just like all of us) to decide on future course of work... :D
Now they might all just forget work, come out and dance to the marathi number... :eek:
Now they might all just forget work, come out and dance to the marathi number... :eek:
more...
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gc_chahiye
09-20 05:55 PM
The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.
I dont understand the reason of why they want to accept when current only ?
because the law says so:
From the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.
I dont understand the reason of why they want to accept when current only ?
because the law says so:
From the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.
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logiclife
03-28 06:04 PM
Yes, dailykos does have a very strict policy of purging trolls and hecklers. They too are anti first-amendment and anti free-speech like IV moderators. If you go on their site and post nonsense, you will be banned in a nano-second.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
more...
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h1techSlave
02-24 07:55 AM
Obama administration is selling out their ideologies to garner support of Republicans.
So what has really changed? Bush/Cheney were selling the country to the Saudis. Obama and gang are selling out to the Republicans. Yeah, some change.
are coming per Oh website.....
http://www.immigration-law.com/Canada.html
So what has really changed? Bush/Cheney were selling the country to the Saudis. Obama and gang are selling out to the Republicans. Yeah, some change.
are coming per Oh website.....
http://www.immigration-law.com/Canada.html
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lazycis
01-11 11:45 AM
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
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lj_rr
07-30 10:55 AM
Any response?
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
EB3_SEP04
01-03 12:09 AM
Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
Gator
04-14 01:12 PM
As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
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