nixstor
04-13 06:30 PM
Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
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rkrishna123
10-17 03:11 PM
Thanks guys for your advice and time.....
nagkad
09-03 12:19 AM
Got approval today.
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
2011 2009 Toyota Tacoma All-Terrain
imcdude
09-19 07:23 PM
Please check with your attorney on this issue.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
more...
PMisYMMV
09-03 11:13 AM
I have got an LUD on 09/01/2009 for both the cases, but the status is still pending.
I am worried, did any have similar experience?
I am worried, did any have similar experience?
sury
11-15 04:17 PM
can anyone reply on this..!!
more...
pappu
04-25 11:23 AM
Could you please update your profile so that it helps people tracking cases on IV tracker.
Thanks
Thanks
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abhisam
01-08 02:01 PM
I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.
Thank you for your reply!
Thank you for your reply!
more...
sayantan76
12-07 06:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
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Hassan11
09-07 11:44 AM
I posted this question almost a month agao with no response. can anybody help?? I am stuck........
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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glus
08-21 09:32 AM
I am happy for you. Good luck!!
G
G
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katewill
08-24 01:20 PM
180K per BEC and 2 of them so 360K cases overall.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
more...
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FinalGC
05-12 05:02 PM
hopefulgc:
Are you willing???
Are you willing???
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brij523
02-17 10:10 AM
Test Siganture
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optimystic
05-12 08:36 PM
There are certain things that money cannot buy [for everything else there is Master card :) ].
Seriously, If $2000 dollars would buy you a GC (guaranteed) then I think most (> 90%) of the people on this forum would have gone for that (or atleast convince their employers to part with that amount for a guaranteed ROI)
It would be good to get some kind of insight into the thought process of IV core/lead team and how they think they can put a million dollars to effective use?
I mean can we lobby/cultivate our own caucus (not cactus :D) from the ground up in the congress etc, who can work for our cause? What other such effective things can be done?
Any kind of roadmap/plan of action that would probably help generate an interest and convince atleast some people to start donating.
Just saw this on cnet .
http://www.news.com/8301-10784_3-9941962-7.html?tag=nefd.top
"The Hispanic Caucus sees it as a bargaining chip to get what they want, which is comprehensive immigration reform, amnesty for illegal immigrants, whatever you want to call it," Fishman said. "Until the Democratic leadership allows legislation (related to H-1Bs) to go to the floor on its own merits, that's the situation we have here."
Though this is only about H1-B, but I would guess, that caucus would be looking at even other legal immigration/GC related proposals, amendments that come thru and try their best to piggy back on them to further their own agenda. To be able to effectively push legal immigration related laws/changes on their own merit and not held back in one common basket, we might need an equally powerful legal immigration/H1B caucus out there.
But how to get there? Will million dollars help?
Thats the million dollar question currently on everyone's mind I guess :D
Seriously, If $2000 dollars would buy you a GC (guaranteed) then I think most (> 90%) of the people on this forum would have gone for that (or atleast convince their employers to part with that amount for a guaranteed ROI)
It would be good to get some kind of insight into the thought process of IV core/lead team and how they think they can put a million dollars to effective use?
I mean can we lobby/cultivate our own caucus (not cactus :D) from the ground up in the congress etc, who can work for our cause? What other such effective things can be done?
Any kind of roadmap/plan of action that would probably help generate an interest and convince atleast some people to start donating.
Just saw this on cnet .
http://www.news.com/8301-10784_3-9941962-7.html?tag=nefd.top
"The Hispanic Caucus sees it as a bargaining chip to get what they want, which is comprehensive immigration reform, amnesty for illegal immigrants, whatever you want to call it," Fishman said. "Until the Democratic leadership allows legislation (related to H-1Bs) to go to the floor on its own merits, that's the situation we have here."
Though this is only about H1-B, but I would guess, that caucus would be looking at even other legal immigration/GC related proposals, amendments that come thru and try their best to piggy back on them to further their own agenda. To be able to effectively push legal immigration related laws/changes on their own merit and not held back in one common basket, we might need an equally powerful legal immigration/H1B caucus out there.
But how to get there? Will million dollars help?
Thats the million dollar question currently on everyone's mind I guess :D
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espoir
06-21 05:56 AM
As per my understanding, once you have a receipt notice for EAD and/or AP, it will be processed completely. Approval/rejection of EAD/AP is NOT linked with visa number availability. Many are under the misconception that they won't get their EAD and AP if the PD dates move back.
Given the current and anticipated volume, one should expect delays in processing times.
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
Given the current and anticipated volume, one should expect delays in processing times.
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
more...
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ashkam
02-27 09:48 AM
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
LIN = nebraska service center, SRC = Texas service center
thanks
LIN = nebraska service center, SRC = Texas service center
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Roger Binny
04-06 01:14 AM
If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.
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bkarnik
04-20 05:29 PM
I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
ibbu_arif
11-17 03:03 PM
Thanks for your replies.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
ca_immigrant
07-25 08:12 PM
thanks akred !
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
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