Stan09
03-24 02:56 AM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
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ksvreg
03-15 09:10 PM
IN THE CURRENT SITUATION/TREND,
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
sodh
07-17 08:46 PM
I called an IO today at Texas.
Last week they told me that due to glitch they never printed my fp notice.
The IO I talked to then, said that she was going to generate one and mailed to me.
I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment
The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice
If I'am not mistaken I feel even the Lawyer gets the fp notice check with your lawyer.
Last week they told me that due to glitch they never printed my fp notice.
The IO I talked to then, said that she was going to generate one and mailed to me.
I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment
The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice
If I'am not mistaken I feel even the Lawyer gets the fp notice check with your lawyer.
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prioritydate
08-18 05:22 PM
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
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lostinbeta
10-13 12:53 AM
Did you fix it?
buehler
12-13 06:06 PM
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
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ferozmd
09-21 05:10 PM
Dec 21 2006 - EB2 Regular
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zone.zo786
04-23 05:28 AM
No one here could possibly know. The FULL price is probably going to be around $900 a month. But his employer would pick up, usually at least half the cost for HIS coverage - or around $250ish.
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MOONNLIGHT
12-09 06:34 PM
Citizen of India
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cableman
11-20 01:46 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
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raj3078
08-27 12:32 PM
You can claim UI... I used the benefit earlier and the UI office was very helpful. It is insurance and a public burden. It would not be held against you in AOS adjustment. But again, I am not a lawyer so my opinion is strictly mine and should not be considered as legal opinion.....
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uma001
12-05 08:31 PM
I got laid off recently.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.
more...
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H1InTrouble
09-18 03:59 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
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sunny1000
01-26 06:33 PM
I am in the same situation. I am on my 8th year of H1 and this is for the first time I am have heard so much hoopla that has made me real nervous. My lawyer has advised me against taking any risk. I already have the tickets but I am planning to postpone, apply for EAD and only then go to India.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
You may already know but, make sure you also have an APPROVED Advance Parole before travel.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
You may already know but, make sure you also have an APPROVED Advance Parole before travel.
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npk1255
10-04 10:55 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
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kerz
11-15 09:12 PM
Hi All,
I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.
Are there any other occupation which can fit my responsibilities to get an H1B visa?
Thank you for your help.
I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.
Are there any other occupation which can fit my responsibilities to get an H1B visa?
Thank you for your help.
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golgappa
08-19 01:13 PM
Hi Gurus,
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
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Scythe
07-12 01:03 AM
Why is Pacman running away from the blue ghost?
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bestia
07-20 02:02 PM
Hi Gurus i need your help, here is my situation :
Currently I am working for company B and have not started PERM process yet from this company. But i have an approved i 140 from company A and my lawyer is saying that i can go ahead and file 485 on the basis of approved I 140 from company A. Meanwhile he will start PERM from company B and he is saying that by the time USCIS open my application of 485 and create RFE I will have I 140 approved from company B and since it's the exact same job we will be able explain USCIS about the intent of filling.
Is it ok to go ahead and file 485 becoz i will not have the employer's letter from company A and also the paystub will be from company B and not A.
Am i heading towards trouble ??? please help GURU's
thanks in advance.
What's your PD? if it's around 2002/2003 - then you will become current after Oct anyway, so you can apply with "clean" 485. Then I wouldn't bother. If your PD is 2006/2007 - then it's worth trying, it may work. At the worst case 485 will be denied, you will then file another "clean" one in that case.
Currently I am working for company B and have not started PERM process yet from this company. But i have an approved i 140 from company A and my lawyer is saying that i can go ahead and file 485 on the basis of approved I 140 from company A. Meanwhile he will start PERM from company B and he is saying that by the time USCIS open my application of 485 and create RFE I will have I 140 approved from company B and since it's the exact same job we will be able explain USCIS about the intent of filling.
Is it ok to go ahead and file 485 becoz i will not have the employer's letter from company A and also the paystub will be from company B and not A.
Am i heading towards trouble ??? please help GURU's
thanks in advance.
What's your PD? if it's around 2002/2003 - then you will become current after Oct anyway, so you can apply with "clean" 485. Then I wouldn't bother. If your PD is 2006/2007 - then it's worth trying, it may work. At the worst case 485 will be denied, you will then file another "clean" one in that case.
glen
04-17 09:33 AM
It's time for USCIS to implement the regulation. I suggest we as IV members or individuals, sent fax or mail to USCIS Director. Hopefully things will change and if not we do not loose.
mrdelhiite
08-22 01:49 PM
any suggestion by IV core ?
-M:confused:
-M:confused:
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