gcnirvana
06-15 12:43 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
greenleaf81
11-04 03:26 PM
Thank you guys for responding to my situation.
My client could not issue a letter but the Vendor issued a letter saying I am working at the client. Also we have attached some emails from the client Manager. And thankfully they were able to send the documents on Monday.
ajp5: I do believe that I have switch the employer now, because I cannot risk to wait for the USCIS to process the RFE and run out of time. I will talk to the vendor about the transfer. Yes the last few days have been a hell for me, suitable for a thrilling movie.
wandmaker, meridiani.planum: Thanks for the advice, I am in the process of finding another employer, hopefully more trustworthy this time. When I do find a new consultant I will do PP.
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
My client could not issue a letter but the Vendor issued a letter saying I am working at the client. Also we have attached some emails from the client Manager. And thankfully they were able to send the documents on Monday.
ajp5: I do believe that I have switch the employer now, because I cannot risk to wait for the USCIS to process the RFE and run out of time. I will talk to the vendor about the transfer. Yes the last few days have been a hell for me, suitable for a thrilling movie.
wandmaker, meridiani.planum: Thanks for the advice, I am in the process of finding another employer, hopefully more trustworthy this time. When I do find a new consultant I will do PP.
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
chanlal
07-31 11:50 AM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
bekugc
04-08 06:07 PM
EB3, PD = Apr 2003
by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.
by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.
more...
vasired
08-15 03:21 PM
Notice were from Nebraska.Recieved on 8/13 for me and 8/14 for my wife,even though both were posted on same date..good they gave up appointment at same date & same time
ksrao1234
05-28 09:03 PM
Even i am in same boat. My case was pending since 2003 (from Oct 2007 with local office). Security and background check pending with senators enquiry. This month i filed WOM. Waiting for response.
more...
rcr_bulk
08-28 05:45 PM
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
At last , now you found right the thing to do.
At last , now you found right the thing to do.
JunRN
10-31 07:08 PM
Today is the 90th day of my EAD application...no status change at all...
more...
indianindian2006
10-09 05:20 PM
Hi,
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.
psn1975
11-05 08:06 PM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
more...
Macaca
01-12 05:37 PM
I will be happy with the following requirement (that is lower then the carpet).
Don't have to mantain status. That is, absence of pay checks is not required.
Don't have to mantain status. That is, absence of pay checks is not required.
dextro_a
02-05 02:24 PM
you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.
more...
pbojja
08-04 04:18 PM
[QUOTE=aamchimumbai;266413]All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .
I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .
I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .
irrational
04-01 03:18 PM
Folks,
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
more...
wellwishergc
04-08 03:12 PM
Although there are a few members in this forum (including me), who believe that EB retrogression will be handled through a separate bill dedicated to legal immigration or through a bill like PACE act, I trust the judgement of IV core team. I believe their actions are well-intentioned and are validated by the lobbyist group.
Let us unite in IV's efforts. It does not mean that we do not give ideas, since the ideas are needed by IV core team to analyze, evaluate and act upon.
Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.
To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.
Let us unite in IV's efforts. It does not mean that we do not give ideas, since the ideas are needed by IV core team to analyze, evaluate and act upon.
Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.
To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.
newuser
05-31 12:55 PM
Could you please also fax to all the senators if not faxed already.
called senators from my state
contributing $ 50 per month
called senators from my state
contributing $ 50 per month
more...
paskal
10-02 05:03 PM
C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
agc2005
09-06 09:52 AM
Last year me and my wife had same issue with EAD and AP , we had to send them back with new application, new photos, passport photo copies and cover letter explaining that it's USCIS Admin error, we didn't send the checks.
Later we received corrected EADs after 5 weeks, but for AP it took about 2 months.
agc2005
PD: EB2 3/2005
RD: 07/02
Later we received corrected EADs after 5 weeks, but for AP it took about 2 months.
agc2005
PD: EB2 3/2005
RD: 07/02
surabhi
10-17 03:52 PM
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
cecil1558
10-15 03:38 AM
Thank you for posting this enlightning article. I think some of it is very true, give it fifty years and oriental Asia will have become an even greater threat to the US� leadership, if not ended it completely. I�ve never looked into this, so I�m asking: Aren�t there different immigration rules that aren�t as strict when you actually study in America? And when you go study there, do you need immigration permission and does it take you this long to get it or what?
satishku_2000
08-01 06:21 PM
Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
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