Rb_newsletter
05-04 06:51 PM
I am not a lawyer, so make sure do discuss with a good lawyer. I am just sharing the info that I know.
US labor laws are good that no organization can stop an employee from joining any organization/company. Even if your company made you to sign a agreement, that doesn't hold in front of the law. This law could vary little from state to state, but not to great extent.
If you are receiving calls and emails from your employer, I would suggest, change the phone number, apartment/house, etc. and ignore him. But you should know that at 140 stage you need experience letter from employer. Make sure you can get it from your colleagues. Or you must cut a deal with your ex-employer now.
US labor laws are good that no organization can stop an employee from joining any organization/company. Even if your company made you to sign a agreement, that doesn't hold in front of the law. This law could vary little from state to state, but not to great extent.
If you are receiving calls and emails from your employer, I would suggest, change the phone number, apartment/house, etc. and ignore him. But you should know that at 140 stage you need experience letter from employer. Make sure you can get it from your colleagues. Or you must cut a deal with your ex-employer now.
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The7zen
02-02 04:38 PM
Two yrs back my friend for a B1 visa thru his company and got the visa from the consulate for 10yrs. He never came to the US and left the sponsoring company and moved to Australia, the question is , Can he enter the US using his existing visa for tourism purpose ? or does he have to apply for a new one ?
I would greatly appreciate any help on this...
Thanks
I would greatly appreciate any help on this...
Thanks
tnite
01-08 09:36 AM
My H1B was filled 4 years back, with 20k less than what I am making now...so as long as i making whatever i filed in H1, I should be fine..right ?
yes
yes
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mgkadiri
06-02 08:47 AM
Please share your experience, if any one come across this situation
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
more...
vallabhu
08-26 11:36 AM
Hi Guys,
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Swati Solanki
10-12 08:34 PM
No news yet!:(
more...
srisra
10-12 01:44 PM
eb2 india - same as previous
eb3 - moved by a wk. 22apr01
eb3 - moved by a wk. 22apr01
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validIV
03-24 08:10 PM
When is my 485 getting approved?
more...
Butters
04-24 06:34 PM
:thumb:
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h1bwala
04-25 11:38 PM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
more...
monk097
02-19 09:49 PM
Hello,
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
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nonlimit
02-11 11:39 AM
Hey Alabaman,
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
more...
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yuvi123
08-31 12:41 AM
Hi folks,
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
+++++++++
yes you do get a Receipt notice of I140. ask your lawyer, it is ok. they can even emai you a copy.
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
+++++++++
yes you do get a Receipt notice of I140. ask your lawyer, it is ok. they can even emai you a copy.
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WAIT_FOR_EVER_GC
08-24 10:05 AM
Any chances of Chances of Reconsidering this MEMO in the near future?
Economy my friend. This will not happen soon.
Economy my friend. This will not happen soon.
more...
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maugli
03-19 03:36 PM
Totally agree with you here Snathan!
But other than peace of mind is there any other benefit, especially considering my case?
But other than peace of mind is there any other benefit, especially considering my case?
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humsuplou
03-09 07:57 PM
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
I see. And did you attached any documents with that statement?
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
I see. And did you attached any documents with that statement?
more...
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blondhenge
04-26 12:48 PM
I am planning for Green Card application.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
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roseball
03-23 07:48 PM
I would suggest you go after July....Your stamping is not an issue here.....The issue will be with your I-94 when you get back into US...Since your new H1 doesnt start until July 31st, if you try to enter US in June, your new I-94 will only be valid until July 30 as the immigration officer cannot grant you entry until July 2010 based on future approval start date if its not within 15 days...My friend was in this situation before and he had to file for extension again as he only got his new I-94 valid until the date of his old I-797...
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RadioactveChimp
05-02 09:26 PM
nice! actually that's pretty creative!
msgrewal81
08-30 09:11 PM
What a mean approach....what about people who have yet to apply EB3...guys when are we start supporting future EB appliers as illegals from mexico vote for candidates who support legalization of illegals..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?