Wednesday, July 20, 2011

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  • Munna Bhai
    11-09 09:21 AM
    I am collecting all the documents and I will do premium processing but would like to get clarification regarding the rule.

    I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.

    Is this correct?

    -M





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  • quizzer
    07-30 07:36 PM
    The attorney informed us that both our EAD's were received today.

    The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.

    Its validity is not 2 years from the original expiry but 2 years from the current approval date.

    Are others getting it the same way?

    Thanks





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  • desi3933
    06-25 04:33 PM
    >> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    >> 2. What was amendment for?
    amendment is for change in annual salary
    >> 3. Why H-1B amendment was denied?
    The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

    Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

    If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

    >> Can I work after Company B files MTR?
    No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

    I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • texcan
    10-17 12:23 AM
    thanks and i am expecting more details
    you can do any job you want in US, it does not have to be in any specific field.
    Since you are/were on h4 you are a beneficiary. Only the primary applicant has to
    work in the field in which his/her labor was filed, that too untill one gets the green card.

    There are many thread in this forum on EAD benefits.
    Go to Homepage-> Forums ( on left menu) and look for EAD specific topics.
    Or search on this topic.

    Now sure what more details you want,unless i can understand "Details" of your questions. Feel free shoot your questions and details will be provided at best i/we can.



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  • WeShallOvercome
    12-13 01:59 AM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.





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  • jthomas
    05-15 01:08 AM
    I am not sure but i don't think you should have any problem when applying for ARRA nor unemployment. In CA the employer pays 220 dollars(2/3) and i have to pay $100 per month(1/3) . The employer gets 2/3 of the paid insurance by claiming on tax return. I think it is a federal benifit added by Obama during this recession.
    however you would 90 days time to think if you want to take AARA.

    Also check with your immigration attorney as well as other IV members.

    Source:-
    I am laid off from last 7 weeks. I did not take ARRA since i don't think i would be sick till i get another job. If i am sick i can still manage with local desi/mexician doctors who charge a small fee. I took unemployment Insurance and i am getting unemployment cheques. The only change is that instead of offering 54 weeks (as in CA) they are offering around 28 weeks since we don't have green card/citizenship.
    One of the IV member, I know took Uninsurance benifits. He got 30 weeks of UI whereas the state gives 59 weeks of UI.
    the extended UI is a part of federal benifits and we don't get it. Unemployment is a insurance and we are paying from every paycheck we get.
    If you are thinking of taking UI please PM me for more information.

    J thomas


    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S



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  • vinabath
    03-24 03:10 PM
    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.

    Nice one buddy. LOL.





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  • ampudhukode
    06-17 02:08 PM
    A friend of mine had used it twice before his approval came last June.



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  • pappu
    08-24 07:18 PM
    are they from same EB catagory? or different?I like many others got a PERM labor & got 140 based on PERM labor.

    Recenty , I applied 485 (based on this 140 )in this mad rush


    Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .


    The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????


    I am sure many of us double PDs & might need to find an answer to this ?


    can someone help ??

    Thanks





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  • green_card
    07-20 01:58 PM
    stop the guessing game. give some concrete info if you know it or let someone else that knows answer.
    what you believe doesnt amount to a hill of beans. no offense.


    I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.



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  • ImmiLosers
    09-25 05:25 PM
    That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date

    They did for me...





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  • ca_immigrant
    01-20 07:43 PM
    anyone on this ?

    I too have to go in India....in June....

    in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...

    Thanks to OP for posting this !



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  • sac-r-ten
    01-30 11:43 AM
    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance

    I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.

    Anyways,I am relieved that at least i have a H1 now for few more yrs.

    All the best to you.





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  • kate123
    06-17 01:06 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..

    It is illegal to derive income by selling iphone apps.
    For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...

    see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)

    Again, you are not supposed to derive any income by selling iphone apps.

    Disclaimer: I am not a lawyer. Please do not take this as a legal advice.



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  • 485Mbe4001
    09-25 11:55 AM
    good find. I added this link in the personal message section of my IM. within minutes 2 sent IMs indicating that they had no idea it was so complicated for legals. :)





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  • Anders �stberg
    May 1st, 2005, 12:22 PM
    Tried taking some motocross pictures at a local practice track, I hope to do this more. I didn't have time for more angles, I'd like to try a hairpin for some gravel spray at accelleration too. Had some problems with the timing as this is my first time with this sport, lots of cut off heads and feet. :)

    Something I notice myself is that maybe I should try shooting with a longer shutter time (how long?) to get some movement in the wheels? I'd appreciate any tips!

    http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8291.jpg

    http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8320.jpg

    http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8256.jpg

    http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8264.jpg

    http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8313.jpg



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  • sobers
    07-26 12:07 PM
    I hope the powers-to-be realize there is little floor time left before November and consider attaching relief to existing legislative vehicles...

    http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/072606/news1.html


    As the number of legislative days before the November election slip away, GOP lawmakers in competitive seats are trying to make their legislative mark.

    The schedule is even tighter for the many members seeking consideration of their bills on the floor before members leave for the August recess. Boehner himself expressed frustration yesterday about members who have pleaded with him to bring their bills to the floor this week.

    �Everybody wants their bill up this week,� the majority leader said during his weekly off-camera press briefing yesterday. �It is as if we were never coming back. There are only so many hours in a day and only a few days in this week to consider all of these.�





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  • thescadaman
    09-28 04:42 PM
    Q : Is USCIS prioritizing certain application(s) during the receipting process?

    Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.





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  • shirish
    02-05 01:34 PM
    There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
    One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.





    ragz4u
    05-11 05:42 PM
    While I was listening to this I was like we need to get this Amit dude to IV. Little did I know that he is already one :)

    You put out all our issues and pretty eloquently too. Good job :)





    seahawks
    09-12 11:41 PM
    28 members and counting! yippee...



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