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Thursday, June 9, 2011

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bkarnik

04-17 03:37 PM

But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.

My 2 cents..

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jonty_11

10-06 12:48 PM

I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!

With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...

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Anders �stberg

July 16th, 2004, 01:40 PM

Thanks for the kind comments!

I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

Concurrent H1 and L1 [Archive] - Immigration Voice

View Full Version : Concurrent H1 and L1

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bang

01-07 05:03 PM

Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.

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immilaw

09-17 12:05 PM

Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.

Find out/research as much as you can on this - we need to understand what is going on.

I will in the next few days and will let everybody on the forum know. As I said my knowledge is based on the information from this form and from immigrationportal.com. I will read the section thoroughly, I think it is Sec 201 of INA and will also try to get the information from other sources.

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gc28262

07-01 05:55 PM

Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.

http://en.wikipedia.org/wiki/Non-compete_agreement

I signed one last week knowing that it does not have much validity.

In doubt check with an attorney.

Hi All,

I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

Preferred Vendor X > the Client C

Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

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reachinus

07-16 06:53 PM

Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.

Hi There,

If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.

(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????

(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.

(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.

(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???

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ohguy

09-27 08:56 AM

As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.

Thanks for the advice. I appreciate your insight.

I am going all in now.

1. I will call the Customer Service Line tomorrow.

2. I already got the InfoPass for 10/6

3. The letter for my senator is drafted. It will be sent tomorrow.

4. Finally, an email to the Ombudsman has been sent.

Hopefully, there is be some movement.

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ski_dude12

09-26 08:58 PM

You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.

Thanks for the advice. I appreciate your insight.

I amm zn. ! going all in now.

1. I will call the Customer Service Line tomorrow.

2. I already got the InfoPass for 10/6

3. The letter for my senator is drafted. It will be sent tomorrow.

4. Finally, an email to the Ombudsman has been sent.

Hopefully, there is be some movement.

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GCwaitforever

02-06 04:40 PM

Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?

This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd

Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.

Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.

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surabhi

06-19 10:52 AM

I-485 reciepts are not part of required supporting documentation.

http://www.uscis.gov/files/form/I-765instr.pdf

see page 6:
This is for paper filing.

Need front and back of EAD card
2 photos
$340 check or None as applicable

i-485 receipt notices are required only for first time filers not filing along with I485.

Sorry to have jumped the gun. I-485 receipt is needed.

"All applications must be filed with the documents required
below, in addition to the particular evidence required for the
category listed in "Who May File This Form I-765" with fee,
if required."

On Page 4 in the Instructions doucment refers to the particular evidence

A. Adjustment Applicant--(c)(9). File your EAD
application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.

Since it talks about other evidence, you can use FP notices.

The other requirements are photos, check for $340 if applicable, front and back of EAD card.

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hebron

08-10 09:55 AM

I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.

I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.

In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .

Any suggestions/ advice appreciated.

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chanduv23

04-27 10:15 AM

Ok, lets ignore or shut this down.

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dilipb

04-21 03:20 PM

This query is for a friend of mine.

His labor and 140 was pre-approved.
In jun 2007 he applied for 485 / EAD and AP.
He got EAD, is working on it.
He also used AP to go to india and back.
His H1 is already expired this month.

All he has is a new AP based new i94 which expires on the day his EAD expires.

Now his drivers license is expiring.
Does anyone know the documents he will be required to submit to DL center to get DL extended.

Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.

Thanks in advance.

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anjans

07-18 04:57 PM

You need to fill the application with date of entry anf I-95 number!

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easygoer

02-27 11:41 AM

Very logical answer covering all the related issues

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waiting4gc

08-08 07:55 PM

There is a seasonal temporary visa that you can get if you are in a profession where there is extra demand in some part of the year. For e.g. a friend of mine got this visa initially as she is a CPA so there is more work for them around middle of the year.

My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

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crystal

10-18 10:56 AM

http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

C. Personal Check in Mail:

You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.

Immigration Voice
PO Box 114
Dayton, NJ - 08810

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MannyD

10-03 02:32 PM

I can't imagine why people do not want to give whatever I-94 they had collected between two trips out of US. NOt sure of the rules, but the common procedure is to surrender original I-94 AND the ones you got with each H1B. I haven't heard so far that I-94's not returned gained monetary value on ebay or people could use them for anything else. For me, I see surrendering all of them as one ( or some) more document(s) not to worry about.

I feel returning more than one I94 carries its own risks. Who takes it from you? - The airline representative who simply rips off these and shoves it in a cardbox box. By some chance if the newer I94 is overlooked by anyone and a older I94 that also surrendered is entered in your immi records, I'm sure you'd rue that day! Yes, keeping a copy of that I94 is good, but why not prevent the issue at POS?

Gurus, is there any requirement to surrender ALL I94s?

bestin

12-21 08:45 PM

NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .

But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.

I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.

aachoo

05-02 06:11 PM

Doesnt matter if the I-94 is only till the visa expiry. There is another I-94 at the bottom of the approved I-797 that ends on the extended 797 date.
-a

arrogburo

Thursday, June 9, 2011

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