unaikax
01-04 07:15 PM
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
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gcformeornot
04-07 01:08 PM
http://www.cilawgroup.com/wp-content/uploads/2010/04/AAO-Decision-re-Substituted-LC.pdf
rkrishna123
10-17 03:10 PM
Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time
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aranya
07-01 11:42 AM
Thanks for your replies.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
more...
paskal
12-26 02:58 PM
/\/\/\/\/\/\/\/\
Winner
02-18 11:57 AM
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
more...
vroapp
08-07 08:05 AM
I'm afraid I can't help you with your application but Congrats! on getting married, i.e... :-)
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psk79
10-15 01:33 PM
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
more...
logiclife
04-13 11:23 AM
We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
There are people in Washington DC who influence congress as their profession. They are called "Lobbyists". Like the ones we have hired, with Patton-Boggs.
And then there is an organization like Immigration Voice that is raising funds to pay for lobbying.
What value can an Indian American organization add that Immigration Voice and professional lobbying cannot add?
Indian American Organizations have been educated many many times about this problem by Immigration Voice. We have told them that if you represent the 2.3 million Indian American Community, then you should be working on this issue, because this issue affects 1 out of every 5 Indian Americans of that 2.3 million.
Well, they have shown very lukewarm response.
And frankly, they have other agendas and we shouldnt honestly expect them to do our bidding.
We call ourselves highly skilled, implying that we are reasonably wellpaid. Also, we are 500,000 strong. And we have an organization to raise money and pay for lobbying. So why CANT WE HELP OURSELVES?
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
There are people in Washington DC who influence congress as their profession. They are called "Lobbyists". Like the ones we have hired, with Patton-Boggs.
And then there is an organization like Immigration Voice that is raising funds to pay for lobbying.
What value can an Indian American organization add that Immigration Voice and professional lobbying cannot add?
Indian American Organizations have been educated many many times about this problem by Immigration Voice. We have told them that if you represent the 2.3 million Indian American Community, then you should be working on this issue, because this issue affects 1 out of every 5 Indian Americans of that 2.3 million.
Well, they have shown very lukewarm response.
And frankly, they have other agendas and we shouldnt honestly expect them to do our bidding.
We call ourselves highly skilled, implying that we are reasonably wellpaid. Also, we are 500,000 strong. And we have an organization to raise money and pay for lobbying. So why CANT WE HELP OURSELVES?
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EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
more...
![mark harmon pam dawber. Mr. Mark amp; Pam [Dawber] Harmon](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_trF3Pre69BvOii-T4EwZoxRjqY-7ejVojVc8aUuoh5Fz81-VYZMX9Q9XP95PFTX0D-9LHnySgpBrb-s29zdUUkE5EoRyHQ66AoGQV2sbTCWW5yzHJWIByTkUY=s0-d "Mr. Mark amp; Pam [Dawber] Harmon")
ilikekilo
04-19 06:11 PM
When you go for a loan against the credit card balance, there are two types.
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
Right, also I believe #3 you mentioned is taken care of by the new law done b y Bama...I dont think so creditors can do that anymore..
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
Right, also I believe #3 you mentioned is taken care of by the new law done b y Bama...I dont think so creditors can do that anymore..
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arjunpa
10-07 12:28 PM
Thank You all for the valuable inputs.
I have an update.
I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,
H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
I have an update.
I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,
H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
more...
house Mark Harmon
simple1
10-07 04:13 PM
Leave the usa immediatly. you are already out of status.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
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jonty_11
01-16 02:50 PM
Whats a good score for Immigration purposes on the IELTS. Looks like the scale is 1 to 9.
more...
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snathan
08-18 10:58 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
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saturnring11
07-22 06:31 PM
You should analyze this situation based both on what it does for your career and immigration prospects.
Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?
Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.
Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.
If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.
Good luck!
Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?
Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.
Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.
If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.
Good luck!
more...
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rock945
02-21 12:21 PM
that is for last month updated jan 17,2007 not for feb?
Now it is updated for Feb.
Now it is updated for Feb.
girlfriend Mark Harmon
javanmard
03-22 02:51 AM
Hi bfadlia,
Did u receive ur extension? My case is pretty same, my receipt notice date has passed but no change in LUD. My case is in CSC. Have u received any RFE? Some ppl were saying that it takes around 3 months for getting approval from CSC.
Thanks
Did u receive ur extension? My case is pretty same, my receipt notice date has passed but no change in LUD. My case is in CSC. Have u received any RFE? Some ppl were saying that it takes around 3 months for getting approval from CSC.
Thanks
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roseball
05-14 01:34 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
slc_ut
05-28 05:31 PM
I am planning to take visa appointment in Chennai consulate for my 8th year H-1B extension and my wife's H-4. When i checked the vfs website yesterday, dates were open for last week of Sep'2006. Today it is already showing only dates in Nov'2006 as open dates. Howcome Oct'2006 dates never showed up. Were the appointments finished that fast for Oct'2006 ? Any other members who observed this, please post your thoughts.
dazed
07-19 07:35 AM
If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.
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