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Friday, June 24, 2011

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venkatosizolon

03-28 11:54 PM

If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

Employee must be paid ALL THE TIME on H1. Period.
That's the law.

Problem for you is, technically you will be out of status if you are not paid.

What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
Thx

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dessoya

10-20 04:09 AM

congrats, phat7! =)

~:azn:

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eb3_nepa

04-29 08:35 PM

Where did you get this info? Could you please point out a reference that says so?

Good point, is that really against the law?

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NikNikon

August 14th, 2006, 11:01 PM

D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

Problem with H1 Employer [Archive] - Immigration Voice

View Full Version : Problem with H1 Employer

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gaz

02-17 09:34 AM

I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.

keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.

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ak_manu

10-19 08:20 PM

Thx for response.

I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?

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ujjvalkoul

02-28 12:37 PM

You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws

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roseball

10-16 04:33 PM

Hi,

My friend is in a unique situation and needs help. Please guide him with his queries.

**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

We didn't specify about GC labor on H1B/I-94 extension petition.

My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********

Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.

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raj2007

06-18 11:19 AM

Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

but I am not an expert so I guess others around here might have a different take. Best,

you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.

Can't you get EAD from local USCIS center after 90 days if it was not processed?

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Shujaat

05-14 02:43 PM

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ps57002

10-17 10:00 PM

Hi Ps57002 good to see you here.
I saw you in . I was h12GC in .

My case also similar:

PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.

UPDATE:
My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...

my concerns..
case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska

4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.

they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???

I hope you hear something soon too...keep me updated.

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optimystic

09-10 03:12 PM

Most of you know about rear view mirror fuzzy dice cubes
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg

I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.

I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages

'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'

And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.

Dear USCIS,

Please accept our token gift. We hope you would adopt the following traits as your motto.

'Fair'
- Be Fair
- Follow the FIFO order of priority dates.
- You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
- How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?

'Fast'
- Be Fast
- Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
- Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
- Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.

'Forward'
- Make forward progress
- EB3 I PDs haven't moved even few months in past several years
- EB2 I/C PDs are swinging like a pendulum
- Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order

'Flexible'
- Be flexible
- Allow us to use AP as a regular travel document
- Recapture wasted visas
- Allow to file I-485 irrespective of PD being current
- Clarify AC 21 scenarios
- Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??

' Fix'
- Fix the broken processes at USCIS
- Increase resources at the service centers
- Improve the customer service over telephone
- Be courteous to your customers

'Flawless'
- Provide flawless service.
- The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
- Make online status updates more transparent.
- Provide more transparency around the processing dates, Visa number assignments, PDs, etc

We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.

Sincerely
Your customers

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BumbleBee

08-17 03:58 PM

Unfortunately, So close, but so far.

based on this URL
http://www.immigration.com/fromtheagency/nsc112006.html
it appears you might have missed the boat.

This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.

Hope things go fine and they do accept the application.

Cases filed by overnight courier

On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.

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chandra_mb

03-10 12:55 PM

H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
"NO"

Nurses come under schedule A which is completely different
Main point---

Nurses is completely a different cap and category.

Thanks for your reply, I do understand the process - sponsor-LCA etc..,
I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet.
Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.

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roseball

03-24 07:39 PM

If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....

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saji007

05-02 02:50 PM

1. New employer while filing for H1 Transfer will get 3 year
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485

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papajon

06-18 07:13 PM

Before answering something like this, you should know what you are answering.

could you please explain?

UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

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DSLStart

03-11 08:14 PM

No you don't have to walk into any bank. Just visit

https://remit.onlinesbi.com/

Everything is self explainotary.

Gurus,

Can some body advise what is the best way to send money to India using SBI online?

Do i have to have an account with SBI? NRE/NRO/Regular

I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?

I live in Colorado and hence do not have the luxury of walking into an SBI US branch.

Any advise is appreciated.

Thanks

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sac-r-ten

03-03 10:28 AM

Congratulations and thanks for sharing.

GC4US

11-02 02:10 AM

Got Ead on Nov. 1st, please see my signature.

sk.aggarwal

04-05 04:05 PM

Thanks, just got a call from HR. They have got PWD for me.

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Friday, June 24, 2011

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