ranahosur
07-15 07:39 PM
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
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fionaapple20
11-27 03:56 PM
My questions that I posted in a similar thread:
- Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
- Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
rongha_2000
07-11 06:08 PM
This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
Here is what I sent
***************
So much for illegals and nothing for legals who played by the rules? Is there a hope for us legal immigrants anywhere in sight?
I request you to please look into the case and feel the pain and frustration we go through every day.
Attached is the link
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
*************************
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
Here is what I sent
***************
So much for illegals and nothing for legals who played by the rules? Is there a hope for us legal immigrants anywhere in sight?
I request you to please look into the case and feel the pain and frustration we go through every day.
Attached is the link
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
*************************
2011 09 October 2009. Michael Lohan
eb3_nepa
04-23 11:50 AM
What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?
more...
GCBy3000
06-14 05:02 PM
yes it is like that all these years, but atleast now I hope them to use their idle and rusty brain.
There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
ramaonline
09-25 06:09 PM
if u stay outside the US for 366 days, the h1 clock is reset - then u can re-enter in h1 status for a new 6 year term - u must have an approved h1b petition, the new petition is subject to cap. (which gets exhausted really soon) -
more...
vkcs
09-14 01:47 PM
I like the idea. But I wonder if this legal...
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rajas
05-31 10:18 AM
I know that there has been several discussions regardigng this topic.One thing I never knew was that once your 6 year H1 Limit is over and say you got H1 extension for 3 more years based on approved I140, now for some reason if your 485 is denied your h1 will be denied too!!! so H1 is not a back up to EAD in this scenario...some lawyers have this opinion!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
more...
mkiv
05-21 12:34 PM
You must send the letter from your original employer if you have not used AC21.
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gjoe
05-01 10:44 AM
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
more...
pmpforgc
02-07 07:15 PM
Here is some more info
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
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priti8888
01-08 03:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
more...
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ChainReaction
01-30 08:12 AM
Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245
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sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
more...
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sxk
11-19 02:12 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
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gman
07-29 02:55 PM
What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
more...
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gc28262
04-20 09:20 PM
Hey gc28262,
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
Here is the complete instruction with address:
Fill out I-131 Application ( Or use the copy of the original application )
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
Attn: SIIO Rhonda Hill Johnson
4141 St Augustine Rd
Dallas, TX, 75227
On lower left corner of the envelope mention the following:
do Not open in the mail room, No fees are attached
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
Here is the complete instruction with address:
Fill out I-131 Application ( Or use the copy of the original application )
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
Attn: SIIO Rhonda Hill Johnson
4141 St Augustine Rd
Dallas, TX, 75227
On lower left corner of the envelope mention the following:
do Not open in the mail room, No fees are attached
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amulchandra
05-11 10:41 AM
Hi all,
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
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eb3retro
02-06 11:17 PM
I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...
anilsal
01-07 08:42 AM
When someone lashes out, suddenly these guys think their original decision was misunderstood. Who are u trying to fool?
Glad the lawyers made an issue out of this.
Glad the lawyers made an issue out of this.
Lasantha
10-05 09:32 AM
Yes, I noticed that and thought the same. I am submitting my application today. I have been trying it for the last 7 years with no luck. Who knows, this one could be the one when I hit the jackpot ! :cool:
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