whitecollarslave
08-14 03:15 PM
How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.
Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?
Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?
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GooblyWoobly
08-08 04:49 PM
Yeah!! It was posted on USCIS site also!!
See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!
Sorry if it offends anyone. Moderators, please close this thread if you see deemed. If the Moderators are fine with this thread, don't worry about commenting if this is duplicate!!
See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!
Sorry if it offends anyone. Moderators, please close this thread if you see deemed. If the Moderators are fine with this thread, don't worry about commenting if this is duplicate!!
kiranberu
03-14 07:16 PM
This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
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new2perm
05-28 06:33 PM
I am a July 2007 filer and he expects an RFE for employment verification on my case.
more...
neobuddha
10-17 06:37 PM
Hi,
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
sac-r-ten
11-19 11:31 AM
I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.
more...
Waitingnvain
02-08 10:01 AM
I will be in transit through Amsterdam, do I need a transit visa and are there any problems with travelling on Advance Parole.
Thanks
Thanks
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Eveready
07-10 09:37 PM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
more...
nousername
06-01 01:50 PM
Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
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nixstor
08-03 11:56 PM
This just confirms the pathetic state of concern and sincerity USCIS associates to people awaiting these updates. Guess nobody bothered to even review this report before making it public. Oh, it was reviewed but in the same manner our applications are adjudicated. Go figure!
C mon, man give them a break. Lets try to solve the bigger problem by doing what we have to do. Lets activate participate in the DC rally on 13th Sept
C mon, man give them a break. Lets try to solve the bigger problem by doing what we have to do. Lets activate participate in the DC rally on 13th Sept
more...
imranabdullah
07-23 06:08 PM
Gurus,
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
I dont think any July 2nd filer got receipt notices as of yet. Atleast I havent seen anyone in any of the forums.
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
I dont think any July 2nd filer got receipt notices as of yet. Atleast I havent seen anyone in any of the forums.
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texcan
08-05 12:35 PM
I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.
Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.
Thanks to InTheMoment for bringing it up..... that's what I had in mind too.
I am happy to hear and see that you are happy.
Now can you please close the thread, this is wasted energy flying everywhere.
Again its not you, its the actions ( including now when i am typing a response).
Please close this thread. Please, please.
Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.
Thanks to InTheMoment for bringing it up..... that's what I had in mind too.
I am happy to hear and see that you are happy.
Now can you please close the thread, this is wasted energy flying everywhere.
Again its not you, its the actions ( including now when i am typing a response).
Please close this thread. Please, please.
more...
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augustus
05-12 02:59 PM
Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
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gclabor07
11-05 09:55 AM
What an inspiring story. Our GC journey feels pale in comparison to the plight of poor, sick, and mentally ill people face in India.
more...
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ss777
09-16 10:25 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
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whattodo
03-25 02:15 PM
http://www.whitehouse.gov/OpenForQuestions/
Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.
Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.
more...
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h1techSlave
09-14 02:37 PM
This is a great idea. I would suggest that rather than saying we will collect $200K every month and distribute $100K as prize money. We can just distribute 50% total collection as prize money.
If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
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raysaikat
05-07 09:27 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
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redgreen
08-05 10:23 PM
As far as I know there is a Malayalam IPTV service available for North American viewers. It is called "BomTV" (Best of Malayalam TV) with Asianet (4 channels), Jeevan, Jaihind, Shalom, Powervision, etc. You don't need dish or cable or computer and you get HD transmission on your TV. You need high speed internet. You may check for more details at:
BoMTV (http://sites.google.com/site/bomtvboston)
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sku
09-11 03:52 PM
I opened SR on 8th Sept, But no LUD's yet
prince_waiting
12-12 12:31 PM
Montgomery - Huntsville = 190 miles
Montgomery - Mobile = 170 miles
Montgomery - Birmingham = 90 miles
So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.
If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.
Your take on the meeting place guys.
Looks like a toss up between Birmingham and Montgomery.
Montgomery - Mobile = 170 miles
Montgomery - Birmingham = 90 miles
So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.
If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.
Your take on the meeting place guys.
Looks like a toss up between Birmingham and Montgomery.
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