mpadapa
08-07 11:34 AM
I'll be there
mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
cgs
08-21 10:46 AM
Is this anything to do with PD?
enqueued
07-06 12:04 PM
Dear Friends:
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
Dont worry - you are fine. I have traveled twice on two different carriers
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
Dont worry - you are fine. I have traveled twice on two different carriers
more...
dummgelauft
02-01 12:56 PM
Unless you are sitting on a pile of cash, this is really a no brainer....
Like others have suggested :
(1) Give it to me, i will invest it for you..;-)
(2) Depends upon your familial situation and resources you have, both here and in your home country.
(3) If you plan to go back to India ( i am guessing yo are Indian..)
This really is a personal choice that you have to make, with your spouse. By posting such question on open public forums, you have just opened the floodgates to getting made fun of and ridiculed...believe me, it is very tempting...
Like others have suggested :
(1) Give it to me, i will invest it for you..;-)
(2) Depends upon your familial situation and resources you have, both here and in your home country.
(3) If you plan to go back to India ( i am guessing yo are Indian..)
This really is a personal choice that you have to make, with your spouse. By posting such question on open public forums, you have just opened the floodgates to getting made fun of and ridiculed...believe me, it is very tempting...
sanjaymm
03-06 06:07 PM
I will email the scans, as soon as I get home
more...
pappu
03-06 03:03 PM
Sanju,
Please do not use bad language on the forum.
We try hard to keep it civil.
I am closing this thread and deleting your posts to stop any further use of profanity and personal remarks.
Please do not use bad language on the forum.
We try hard to keep it civil.
I am closing this thread and deleting your posts to stop any further use of profanity and personal remarks.
vxb2004
11-26 11:32 AM
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
Kris,
Thank you very much. Appreciate your input.
Good Luck
HTH
kris
Kris,
Thank you very much. Appreciate your input.
more...
Ψ
06-12 01:31 PM
well here is my last volley not at all great and am not completely satisfied.
wouldve spent a little more time. but its just dat i have exams and gotta study.
well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg
wouldve spent a little more time. but its just dat i have exams and gotta study.
well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg
dealsnet
10-09 04:40 PM
You want to take him to India permanent ?
Any family problem?
He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.
Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
Any family problem?
He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.
Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
more...
gc_chahiye
07-26 11:17 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
jindhal
05-16 05:44 PM
I also called Sen. Menendez regarding the Murray amendment and talked to someone a lady.
more...
lostinbeta
10-03 01:34 AM
Well they teach you how to make the grid in the tutorial, so do that:)
Then the next step would be to use the marquee tool and select the part you want to fade out, then go to Select/Feather (I believe that is it) the select the amount. Then hit delete the selection. This will cause some fading.
I hope this helps, this is a very basic form, but it works:)
Then the next step would be to use the marquee tool and select the part you want to fade out, then go to Select/Feather (I believe that is it) the select the amount. Then hit delete the selection. This will cause some fading.
I hope this helps, this is a very basic form, but it works:)
shahuja
02-06 09:28 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
more...
InTheMoment
06-16 04:59 PM
See below
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !
While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !
While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
pappu
12-24 10:44 AM
If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
more...
LayoffBlog
01-27 01:32 PM
Specialty chemicals company Clariant AG said Tuesday it is cutting 1,000 jobs this year.Clariant said the job cuts are the result of a sharp decline in customer demand for its products in the textile, leather, automotive and construction industries.Source: International Herald TribunePosted in Chemical, Manufacturing, worldwide Tagged: Clariant, Clariant layoff http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1258&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/27/swiss-chemicals-company-clariant-cuts-1000-jobs/)
More... (http://layoffblog.com/2009/01/27/swiss-chemicals-company-clariant-cuts-1000-jobs/)
unitednations
02-28 11:41 AM
hey unitednations:
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
Danger for you is when she goes for the f-1 they also cancel the visitors visa.
Some people try to get spouse on h-1b and then wait for primary to get citizenship and then file greencard that way.
Others; are willing to let spouse come to usa on business/visitors visa and then overstay and not go back home until primary gets citizenship and sponsorship through this route.
There isn't a whole lot of attractive avenues for greencard holders trying to bring in non immigrant spouse.
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
Danger for you is when she goes for the f-1 they also cancel the visitors visa.
Some people try to get spouse on h-1b and then wait for primary to get citizenship and then file greencard that way.
Others; are willing to let spouse come to usa on business/visitors visa and then overstay and not go back home until primary gets citizenship and sponsorship through this route.
There isn't a whole lot of attractive avenues for greencard holders trying to bring in non immigrant spouse.
pappu
04-10 02:21 PM
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h1b_tristate
07-27 08:02 PM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
delhirocks
12-18 06:45 PM
When I took a cruise last year (Carnival) one of my stops was Cozumel. We were there for around 12 hours. We did not have a mexican visa, did not have to go through Mexican immigration.
I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
They do that for some other stops.
I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
They do that for some other stops.
