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h1bwala

12-09 03:17 PM

Hi

Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries

1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?

2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.

3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.


Thanks

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neeidd

12-04 05:53 PM

Thanks Man :)

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pappu

05-15 11:11 AM

If you are an Immigration voice member, Do mention in these teleconferences when you speak. It helps our advocacy efforts.


=====================
Sign up for the CIS Ombudsman�s teleconference on "USCIS Change of Address: How Is It Working For You?" -- May 26, 2-3 pm EST.

Changes of address and other pesky mailing routines can disrupt the timely receipt of important correspondence, and we want to hear from you. This discussion will cover these topics and we plan to address questions such as:



* Does the filing of Form AR-11: Change of Address update all USCIS records?



* Do you know what steps to follow if you miss a USCIS appointment or do not

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* Can you receive USCIS mailings through a post office box?



To participate in this call and receive the call-in information, please RSVP to cisombudsman.publicaffairs@dhs.gov and include:



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2. Topics of interest for a future Ombudsman teleconference.

We encourage your participation,

Citizenship and Immigration Services Ombudsman
U.S. Department of Homeland Security
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achu

05-06 08:33 PM

I had similar situation few years back after my I-140 approved, but before applying I-485.

As long as your job title, description and place of work won't change, then you are ok. When you apply I485 or H1B ext, then your attorney must submit a document (successor of interest or similar document), telling that your role and place don't change.

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mishra_raj

02-11 02:10 PM

I think you are required to have passport valid atleast 6months after your interview

"Valid passport. You are recommended to have passport valid for at least six months beyond your interview date."

Check the link below

https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/RequiredDocuments.aspx

So best would be to get your passport renewed here in US itself at your Regional Indian Consulate

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rockstart

08-11 09:10 PM

You are not mandated to report on AC21 (job change) so my advice is not to report it till USCIS ask's you.

For address change. Yes you need to report that. But if you can retain your current address for just this one month and perhaps commute (fly) to your new job you can take a chance. Just my advice

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bang

01-20 01:35 PM

Guys:
Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.

Now, I am going to file for my extension.

The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.

When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.

Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??

Please share your thoughts.. I am perplexed..!!!

Thanks

Looks like the lawyer gave you half baked suggetion.
If she is leaving the country before her current I94 expiry then you do not need to file extension for her, but she needs to get H4 visa stamped before entering US, she can get a Visa stamp only with your H1 approval document only and not the extension pending application, which means she cannot get back into teh country until your H1 extension approval

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myk110

02-09 08:09 PM

Thanks! We filed today.. they'll will receive tomorrow.

My 485 is pending, so I think I won't be totally out of status..

Any suggestion on how we can approch sending the approved LCA later and ask USCIS to match it to the already submitted H1B petition?

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Humhongekamyab

01-15 12:53 PM

Since when has more money than the prevailing wage been a problem?

If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.

As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney

Cooler, thanks for the response.

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sri2007

11-10 02:27 PM

Hi,

Can someone please help me below question


I got my finger prints and Advance Payrol receipt numbers from USCIS but not I765(EAD). I called USCIS about EAD receipt nbr but they said "System not yet generated I-765 receipt nbr". My attorny and employer not responding abt EAD receipt numbers and someware I have doubt they did not fill my EAD's as they know after getting EAD i can work for other employer which is 6 months from receipt date. Is their anyway I can track whether they filled my EAD form or not?

Also please advise is thier any alternative way I can fill EAD's.

Please help.

Thanks
Sri

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fromnaija

08-25 12:11 PM

This is not the appropriate place to ask this question. Most of us here are still waiting to get our green card. You may find answer to your question at another forum that have people who already took the oath.

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psychstudent

04-04 06:58 PM

Hi,

I am graduate student in Clinical Psychology. I am going to be working for a state employer during summer. This is mandatory for my program and I will receive 6 credits for it by the end of summer. However, due to some graduate school rules, I will have less than minimum credits to take during the Fall '10 and Spring '11 semesters. I was wondering if I could go ahead and work on CPT during summer (the employment is not paid), but register for those credits during Fall '10 and Spring '11 (breaking it up into 3 credits each) which will ensure my minimum registration.

Also, can I apply for CPT during a semester when I have taken minimum credits required and I am a TA (full 20 hours)?

Thank You in advance. Your timely opinion is appreciated!

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clockwork

07-18 08:26 AM

I believe so....if your LC is approved in August, then your PD is August. It is not qualified under July VB.

Not True. PD is your labor filing date not approval date. I think, you should be able to apply if your PD falls on or before July 2007. Please consult with your attorney. They can check with USCIS through AILA liason. Thanks -

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gc_chahiye

10-17 12:13 AM

I am in a confused situation, any thoughts / guidelines are greatly appreciated..

The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?

The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.

Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?

Thanks in advance

yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.

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imh1b

11-23 11:31 AM

The data is incorrect. There are a lot of applications not accounted for. See Ron's posts whee the lawyer has done analysis and said that.

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mach1343

12-07 02:16 PM

Hi,

I was on H1 before and my I797 form says my h1 is good till 082011. And in June my employer terminated my employment. Within a month I changed my status to H4 and got my H4 visa stamped from India. Now I got a project and my employer re hired me and started my h1 processing (regular). And my client gave the start date from Dec 14th.
My employer is saying that you can work from Dec 14th however once you get an approval you have to leave and comeback with H1 stamp on it.
They said that we have done these situations before and I also contacted one of the person and she was saying that she started working once h1 filed then she immediately left to India to get stamped (She also said they is an option to get it stamped in Canada as well).

Now is this true? My GC process currently waiting for the date (EB2-I140 APPROVED). Does this affect my GC in future?
I told my employer( it's a big reputed company) and they are saying that we will ever do anything illegal, if it is illegal then we won't even consider that option so you are fine don't worry and our immigration lawyers are very experienced so you have understand and trust us. This is what they are saying.

Whom to believe? What is right? what is wrong? Please understand my confused situation. I am going through lot of stress right now because of this.

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ajay

11-30 10:03 PM

Why don't you go and get the visa stamped in chennai consulate or wherever it is applicable to you.
If you have an AP you don't have to worry about anything since you can use it when you come back.

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anatul

04-23 01:12 AM

I am currently working for Company-A, holding a H1B till 30/09/2012 (approx 1 yr/5 months time left), with the approved I140 and labor (Priority date EB2 Oct 2008).
Now I am thinking to move to other company (Company-B) and the new company is ready to transfer my H1B and start green card processing after 3 months.I had following questions

Q1>Can I move from my present employer to new employer?
If yes will I get New H1B valid till 30/09/2012 or for three more years based on existing approved I140.
Q2>My old employer should not revoke my I140 till my new Labor and I140 get approved with the new employer? (Most likely my old employer (Company �A) is going to revoke the I140 once I leave the company). So will that be any problem for me?

Specifically problem in following scenarios,
a. Porting my priority date for future GC application (Company-B) with revoked old 140(From Company-A).
b. If i am going to get extension only till 30/09/2012 and
if my new GC doesn�t clear new 140 stage by then ( which is highly possible looking at current market conditions and the timeframe when my labor is going to get applied (Easily 8-9 months from now)) Can i get 3 years extension at that stage using revoked 140 from company-A?

I feel very jittery about whether to make this move or not. Looking my existing priority date I assume it is easily going to take another 2/3 years to get green card in existing job.

Please reply this post as it will help me alot

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anilsal

07-06 10:43 PM

Dear Core Team,

Can you please indicate on the site if there are any bills (pending or otherwise in both the house and senate) that can get renewed focus or revived that would offer some sort of relief to the current situation of unavailability of visa numbers in the employment based green card process. I strongly feel that the current momentum and attention being drawn by the DOS/CIS update can be used to urge congress to pass some interim measure outside of CIR. That is where in my opinion should IV's focus be at this juncture. If and when you post anything on the site, i and other IV members i'm sure shall begin calling house reps. and senators to urge them for bringing the bill to the floor so that it provides relief to hundreds of thousands of legal immigrants.

Thanks!

Please IM the core members directly. I am not one. But I am sure once they ascertain your identity, they will provide all the details that you require.

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zeorist123

03-11 02:39 PM

My am in eb-3 category with a PD jan 2007.
I applied my i-485 to NSC and it was transferred to NBC in 2009.
NBC arranged an interview with the local immigration office in April 2009.
The Immigration Offer issued a welcome notice even though my PD was not current.
I still have not received the GREEN CARD.
In March of 2011 I received an email saying that my case has been transferred to TSC "to speed up processing"
So I dont know if this is a good thing or a bad thing.
Please respond.

FYI: I have NOT changed my Job, my employer or my address.

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indyanguy

11-19 08:46 PM

In most of the job boards, we see the following employment types:

1. Full Time (this I understand :))
2. Contract - Corp 2 Corp
3. Contract - Independent
4. Contract - W2
5. Contract to Hire - Corp 2 Corp/W2/Independent.

Can someone explain to me what these mean?

What are the differences with taxation perspective?

For someone on EAD, (for AC21), which employment type(s) are preferred?

Thanks!

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