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good idea
04-04 11:23 PM
IF labor approves, do labor dept informs employer only or they also inform candidate?
is it up to employer only to inform the candidate?
thanks.
is it up to employer only to inform the candidate?
thanks.
wallpaper Shoes: Andy .
eilsoe
10-02 07:34 AM
Nice! :P
I have one too...:
picture: Soldier (http://www.avalon-rev.dk/soldat.jpg)
Warning: 1280x1024, 750 Kb.
I have one too...:
picture: Soldier (http://www.avalon-rev.dk/soldat.jpg)
Warning: 1280x1024, 750 Kb.
blogger
10-11 06:16 PM
I know a colleague of mine who also changed from L1 to H1 last year but he joined his new job after 2 months from Oct 1 .
I have also read that only when you go out of the country and when you stamp your visa thats when one of the visa goes invalid.
Is this right?
Dude,
You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.
Talk to a lawyer who knows L stuff (not many do) and straighten things out.
I have also read that only when you go out of the country and when you stamp your visa thats when one of the visa goes invalid.
Is this right?
Dude,
You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.
Talk to a lawyer who knows L stuff (not many do) and straighten things out.
2011 Wimbledon 2009: Andy Murray
kothuri
10-02 03:16 PM
I came across this article on Murthy.com and got lil nervous.
http://www.murthy.com/news/n_hombus.html
I am currently on H1b applied for 485, LC Cleared, I140 Cleared.
I work for a company X but own another consulting company and I am a passive partner with a share of 49%. Another friend of mine who is also in the same boat as I am is another partner with 49% stake. My Sister who is a Green Card holder has 2% Stake and is an active partner.
I have not taken a single penny from the company in the last 2yrs we formed the company and we file a K1 every year. Even though the company makes profits/loss we are not taking the profit nor writing off the losses from our individual taxes, However both of us (I and my friend who are passive partners) end up doing most of the work such as
1. Signing the bank checks
2. Signing the USCIS documents for employees who are working for our company.(for I129, etc etc)
Does this mean that I am a clear candidate to be on INS Red alert/Radar?
I know that an H1b holder can have a company on H1B and cannot work for that company part time/full time precisely what I have been doing since I have never taken a pay check from the company however I never thought that this could have implications on the 485 approval.
Can some one answer my question. I guess I am more looking at some one like UnitedNations to answer.
-Sri
http://www.murthy.com/news/n_hombus.html
I am currently on H1b applied for 485, LC Cleared, I140 Cleared.
I work for a company X but own another consulting company and I am a passive partner with a share of 49%. Another friend of mine who is also in the same boat as I am is another partner with 49% stake. My Sister who is a Green Card holder has 2% Stake and is an active partner.
I have not taken a single penny from the company in the last 2yrs we formed the company and we file a K1 every year. Even though the company makes profits/loss we are not taking the profit nor writing off the losses from our individual taxes, However both of us (I and my friend who are passive partners) end up doing most of the work such as
1. Signing the bank checks
2. Signing the USCIS documents for employees who are working for our company.(for I129, etc etc)
Does this mean that I am a clear candidate to be on INS Red alert/Radar?
I know that an H1b holder can have a company on H1B and cannot work for that company part time/full time precisely what I have been doing since I have never taken a pay check from the company however I never thought that this could have implications on the 485 approval.
Can some one answer my question. I guess I am more looking at some one like UnitedNations to answer.
-Sri
more...
bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
gcformeornot
03-22 02:06 PM
no answers for LC SUBs....... sorry...
more...
WAIT_FOR_EVER_GC
09-07 10:44 AM
Please note that an I-485 approval invalidates the H-1B visa.
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
I second what sbmallik has said. Your records will be at the POE, you cannot come back on H1-B. Come back before AP expires or you might be in trouble.
Consult a lawyer....
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
I second what sbmallik has said. Your records will be at the POE, you cannot come back on H1-B. Come back before AP expires or you might be in trouble.
Consult a lawyer....
2010 Wimbledon 2009: Andy Murray
waiting4gc02
04-08 11:39 AM
Guys:
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
more...
speddi
07-31 08:42 AM
^^^bump^^^
Can someone post details if they are in this situation and successfully extended their H1B?
Thank you
Can someone post details if they are in this situation and successfully extended their H1B?
Thank you
hair Andy Murray
chanduv23
09-17 10:13 AM
can you reword the title? I am not sure how that title is accurate given the background of how macaca was used: Sidharth (who was born and raised in the US, but is of of Indian origin) was called Macaca by George Allen because of the color of his skin. Getting a GC or not getting a GC does not change the color of one's skin so it does not stop people from calling you a macaca...
Admins can change the title - but I guess the title does not hurt - it wakes up people to what reality they live in and pretend they don't care
Everyone to DC
Admins can change the title - but I guess the title does not hurt - it wakes up people to what reality they live in and pretend they don't care
Everyone to DC
more...
Aristotle08
06-01 03:58 PM
It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.
Here�s my situation:
Category: EB2
PERM approved.
I 140 approved.
PD � Dec 2007.
H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.
I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.
Questions:
1. Will I need a new H1-B? If so, for how many years will I get it?
2. When I apply for a new PERM, will PD of Dec 2007 still be valid?
Thanks.
Here�s my situation:
Category: EB2
PERM approved.
I 140 approved.
PD � Dec 2007.
H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.
I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.
Questions:
1. Will I need a new H1-B? If so, for how many years will I get it?
2. When I apply for a new PERM, will PD of Dec 2007 still be valid?
Thanks.
hot Andy (or Andrew as he is known
go_guy123
10-01 02:02 PM
Yesterday there was a post made which I commented.
Today i see this post on ilw.com
Greg Siskind on Immigration Law and Policy: MALDEF HEAD: DON'T BLOCK PIECEMEAL IMMIGRATION REFORM IF COMPREHENSIVE FAILS (http://blogs.ilw.com/gregsiskind/2009/09/maldef-head-dont-block-piecemeal-immigration-reform-if-comprehensive-fails.html)
On the whole Greg Siskind is a lawyer who is knowledgeable about political dynamics.
I always follow his articles.
I always felt that CIR was a impossible strategy. It bundles all the immigration bill in one single bill. The idea is that it would make the illegal legalization process more easier than in a piecemeal strategy where the easily passable ones like SKIL bill etc might pass leaving behind the more politically toxic rest.
Also what it does that it makes the CIR an isolated elephant which is hunted down by
a pack of wolves , in other words uniting the antis into one single consolidated powerful force.
Eventually the MALDEF head is realizing the folly of the logic and I feel in a Year or two CIR strategy will be abandoned for a piecemeal strategy.
Today i see this post on ilw.com
Greg Siskind on Immigration Law and Policy: MALDEF HEAD: DON'T BLOCK PIECEMEAL IMMIGRATION REFORM IF COMPREHENSIVE FAILS (http://blogs.ilw.com/gregsiskind/2009/09/maldef-head-dont-block-piecemeal-immigration-reform-if-comprehensive-fails.html)
On the whole Greg Siskind is a lawyer who is knowledgeable about political dynamics.
I always follow his articles.
I always felt that CIR was a impossible strategy. It bundles all the immigration bill in one single bill. The idea is that it would make the illegal legalization process more easier than in a piecemeal strategy where the easily passable ones like SKIL bill etc might pass leaving behind the more politically toxic rest.
Also what it does that it makes the CIR an isolated elephant which is hunted down by
a pack of wolves , in other words uniting the antis into one single consolidated powerful force.
Eventually the MALDEF head is realizing the folly of the logic and I feel in a Year or two CIR strategy will be abandoned for a piecemeal strategy.
more...
house Andy#39;s items all have his
ak_manu
08-12 09:16 PM
Hey Man,
Not sure if this is right web site...But I hope it is...Check it out...
http://www.usvisa-mexico.com/visa-web/index.jsp?locale=es_MX
Not sure if this is right web site...But I hope it is...Check it out...
http://www.usvisa-mexico.com/visa-web/index.jsp?locale=es_MX
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munch_042
04-15 08:11 AM
Are there instances where the processing time before interview will exceed to more than 3 mos? Is it also true that during the embassy interview, you are currently working? I am a nurse and my agency told me that I should still be practicing as a nurse during the time my packet 4 comes.
I'm really having some problems because I am intending to go to Ireland by June. But now here comes the Mar 1, 06 PD. What if it would take me again another year to wait for my US visa. I am really sick of waiting.
I'm really having some problems because I am intending to go to Ireland by June. But now here comes the Mar 1, 06 PD. What if it would take me again another year to wait for my US visa. I am really sick of waiting.
more...
pictures Wimbledon 2009: Andy Murray
reachinus
07-21 12:14 PM
If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.
thanks for ur reply.
thanks for ur reply.
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bombay_rail
01-13 02:43 AM
Hello,
I am in my 6th year H1B which is getting expired on Feb 20th 2007. My I140 is approved couple of months back. My employer has applied for the H1B Extension for 3 years on Jan 8th. According to the current status, I will not get my H1B extension papers until March 2007.
My work contract with the client is getting over by Feb 28 and the chances of extension are almost zero. Since my relation with my employer is on a contractual basis, any thing can happen once my work contract is over.
Question 1:
How does it work if I loose the job before the approval of my H1B (I will have the receipt notice) and also I have to change the employer at the same time?
Can some one let me know about this?
Question 2:
Due to the above confusion, I am debating with me, should I file the H1B extension in premium process or not?
The reason for this thought is, if I loose the job I have to search only for the job and need not to worry about the legalities. I simply have to transfer the H1B to the new employer.
What about the expert�s opinion on this?
Any advices on this would be much appreciated.
I am in my 6th year H1B which is getting expired on Feb 20th 2007. My I140 is approved couple of months back. My employer has applied for the H1B Extension for 3 years on Jan 8th. According to the current status, I will not get my H1B extension papers until March 2007.
My work contract with the client is getting over by Feb 28 and the chances of extension are almost zero. Since my relation with my employer is on a contractual basis, any thing can happen once my work contract is over.
Question 1:
How does it work if I loose the job before the approval of my H1B (I will have the receipt notice) and also I have to change the employer at the same time?
Can some one let me know about this?
Question 2:
Due to the above confusion, I am debating with me, should I file the H1B extension in premium process or not?
The reason for this thought is, if I loose the job I have to search only for the job and need not to worry about the legalities. I simply have to transfer the H1B to the new employer.
What about the expert�s opinion on this?
Any advices on this would be much appreciated.
more...
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gawadejyoti
05-29 04:04 PM
in case if my employer will not file extention petition. can i go back india and again apply for L1 visa.
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p_aluri
10-08 02:58 PM
Look at the article date :)
Here is the good news for the people who want to join the client.
In the eye of the H-1B visa storm - CNET News (http://news.cnet.com/2008-1082-256398.html)
Here is the good news for the people who want to join the client.
In the eye of the H-1B visa storm - CNET News (http://news.cnet.com/2008-1082-256398.html)
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gcpool
08-07 01:20 PM
How about filing writ of mandamus
ramus
08-20 09:28 AM
Not sure why you creating same thread again..
Here is old thread from you..
http://immigrationvoice.org/forum/showthread.php?t=12542
Here is old thread from you..
http://immigrationvoice.org/forum/showthread.php?t=12542
piyu7444
04-05 02:03 PM
Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.
Thanks.
It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.
I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.
Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.
Thanks.
It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.
I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.
Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.
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