chintu123
12-21 02:04 PM
Hi ,
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
Here is my scenario
H4 visa----oct-2007 to sept-2010
Entered US---oct--2008 on h4
Filed for h1---april 2009
H1 approved---aug 2009
Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.
The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010(irrespective of me getting a project and he says i have to pay half of my taxes from my pocket that the employer would be entitled to pay and he will pay the rest and cut it from my payroll once i get a project).I am totally in a state of confusion and do not want to take any risk anymore regarding my status and from the employer(he is taking advantage of my situation).
My questions are
1. How safe is it to apply COS at this point
2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
3.in worst case if the payroll is not run by him what would be the best course of action
I would appreciate your response
Thanks
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Ann Ruben
08-13 08:16 PM
You will not jeopardize your I-485 as long as job with company C is in same or similar occupation. Whether USCIS will grant an H-1 3 year extension based on a withdrawn/revoked I-140 is not certain. I outlined the reasons for this uncertainty in my response on the thread entitled "Facing Layoff---6 months left..."
India_USA
01-25 10:07 AM
Go To School, Earn Your Green Card - Chris Barth - Between the Lines - Forbes (http://blogs.forbes.com/chrisbarth/2011/01/20/go-to-school-earn-your-green-card/)
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fatboysam
09-04 08:05 PM
Finally i went for option 2 i.e. Costco, they gave 2 2x2 photo's for $4.99 plus $2.99 for softcopy.
I could have saved $2.99 by scanning the photo's with scanner.
Anyways, its done now ..
I could have saved $2.99 by scanning the photo's with scanner.
Anyways, its done now ..
more...
hiralal
01-09 11:17 PM
thanks
tell them to wait :D --especially if there are kids involved ..life is bad after a divorce but it will be a hell if GC is revoked (and I agree it will ..USCIS is pretty efficient in this matter atleast -- she may get deportation letter soon as it happened to one person that I know) .. This places Family judge in quandry as parents may end up in different country etc etc
tell them to wait :D --especially if there are kids involved ..life is bad after a divorce but it will be a hell if GC is revoked (and I agree it will ..USCIS is pretty efficient in this matter atleast -- she may get deportation letter soon as it happened to one person that I know) .. This places Family judge in quandry as parents may end up in different country etc etc
chinna2003
07-19 01:28 PM
I am a physician with subspeciality board certification. I have been in AOS/EAD since July 2008 as a dependent on my wifes EB3 Employment based petition.
Due to current retrogression, I want to explore the EB1 route. The question I have is can I apply for a new EB1/AOS in view of my current status of being in AOS/EAD already.
What impact will it have on my wife if I choose to add her as dependent.
Due to current retrogression, I want to explore the EB1 route. The question I have is can I apply for a new EB1/AOS in view of my current status of being in AOS/EAD already.
What impact will it have on my wife if I choose to add her as dependent.
more...
pointlesswait
06-09 11:03 AM
I am currently on H1..working for company A..
Can i work for another company...without transferring my H1 and can i get a 1099 Misc....( they cannot run my payroll as i wont be employed with them)....the work is in the same field...
if 1099 is not feasible.. the only option is to get paid in cash..which i dont want to do..
any inputs.
Can i work for another company...without transferring my H1 and can i get a 1099 Misc....( they cannot run my payroll as i wont be employed with them)....the work is in the same field...
if 1099 is not feasible.. the only option is to get paid in cash..which i dont want to do..
any inputs.
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Brad
September 25th, 2005, 10:43 AM
looks like a great shot, but I think it might be a little grey for my tastes, maybe lighten it up a bit?
Brad
Brad
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samcam
09-16 11:28 AM
Do we get a notice to get biometrics done when you apply for EAD renewal?
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
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kpchal2
04-07 07:56 PM
given the priority date and the processing dates i want to understand how the uscis will process our applications
now the Nebraska service center is processing June 8, 2008. so based on the priority date it is processing all the applications that are current and have been filed before June 8th. Now let us say they take an application and start processing it and suddenly the PD goes back and I am not current any more - what do USCIS do. Do they just stack it back or what do they do. any thoughts.
now the Nebraska service center is processing June 8, 2008. so based on the priority date it is processing all the applications that are current and have been filed before June 8th. Now let us say they take an application and start processing it and suddenly the PD goes back and I am not current any more - what do USCIS do. Do they just stack it back or what do they do. any thoughts.
more...
moonrah
05-11 04:01 PM
Gurus,
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
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DallasBlue
07-31 08:15 PM
check out this http://immigrationvoice.org/forum/showthread.php?t=5400
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
more...
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h1b_forever
06-24 02:39 PM
I would think just G-325, no reason to send the whole package again.
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muni_k
04-15 11:27 AM
both of us are physicians working on h1b visas .we have ead's.i want to do a fellowship.i believe i cannot do a fellowship using my ead.can i use my wife's ead,showing myself as a dependant?all help from the gurus will be greatly appreciated.thanks.
more...
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sbmallik
05-29 03:35 PM
In that case, your L-1 is due to expire in September. Your employer can file an extension petition. Once approved, you will get a new form I-797 with a I-94 (valid for the extended period). The new I-94 will allow you to live in the US for that specific period. If you want to travel abroad, you have to get the new visa stamped on your passport.
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arthsidhu
09-03 06:55 AM
There are several organizations like us working independently. Hope all of this organizations could be brought into a single umbrella organization.
more...
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transpass
09-28 12:54 PM
Ya, somebody else's situation is put in your notice...what a mess...
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uimv
05-27 01:21 PM
Hello,
If PD is current, are there disadvantages of being outside US (on AP) ?
Thank You.
If PD is current, are there disadvantages of being outside US (on AP) ?
Thank You.
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Blog Feeds
03-11 10:50 AM
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
Narayan
01-21 03:21 AM
Thanks, Ita. Much appreciated.
apriti
06-25 04:44 PM
Nope, I wasn't contacted for anything before approval.