Winner
10-11 08:37 PM
I am in H1B and more than five years. My employer is a mid size
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Just curious..if you can answer the below questions, I'll google my fingers off to get you information you need.
Why not disclose your employers name?
Does your company just pay low wages to others and pay you very well?
If your company is violating US laws, why are you with them?
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Just curious..if you can answer the below questions, I'll google my fingers off to get you information you need.
Why not disclose your employers name?
Does your company just pay low wages to others and pay you very well?
If your company is violating US laws, why are you with them?
wallpaper 2007 Hot Rod Wallpaper no20796
jonty_11
02-05 01:44 PM
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
beautifulMind
06-29 11:24 AM
Thanks
2011 Free HOT ROD Wallpapers
gc_on_demand
08-06 03:05 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
more...
parablergh
08-27 02:55 PM
- just a note - I would also strongly recommend filing your spouse's AOS as soon as possible (once current). Please note that this should be done prior to receiving approval for your Adjustment.
mjdup
12-14 10:08 PM
I don't know how many people will that invitation allow for the meeting? I can join and we can present some things to the congressman. Please PM me and we can touch base.
thanks,
thanks,
more...
whoever
09-29 03:42 PM
Anyone have a clue?
2010 Rod Kimble - Hot Rod Wallpaper
needhelp!
12-05 04:07 PM
at Saturday's Meet and Greet in Texas..
Please bring a farewell poetry to share..
Please bring a farewell poetry to share..
more...
glen
03-08 09:57 AM
Great! I have been speaking to my colleagues and friends about IV. Trying to spread awareness about IV. Most have registered :) but not all have contributed.
One thing for sure, emails alone do not work. Each individual has to be called and followed. There are many who do not understand the gravity of the situation.
If all current members can get five more guys to register. Goals can be met in no-time.
One thing for sure, emails alone do not work. Each individual has to be called and followed. There are many who do not understand the gravity of the situation.
If all current members can get five more guys to register. Goals can be met in no-time.
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Gator
04-28 09:04 PM
Hi-
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
more...
enthu999
09-09 04:18 PM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Until you file for 485, you don't have immigration intent, I-140 is employer application.
So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.
Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.
Thanks
Theo
Until you file for 485, you don't have immigration intent, I-140 is employer application.
So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.
Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.
hot High Voltage Hot Rod Show
desitechie
01-12 09:35 PM
Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.
What happens if an individual has completed 6 years on H1 and is in 7th or 10th... extension? Does 485 denial invalidate the associated 140 too? Will it not make the H1 invalid too?
Thanks
What happens if an individual has completed 6 years on H1 and is in 7th or 10th... extension? Does 485 denial invalidate the associated 140 too? Will it not make the H1 invalid too?
Thanks
more...
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Cranberry160
12-02 12:20 PM
Miamikk,
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
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a.j.2048
02-07 01:51 PM
PTs are licensed by the state government. If you are engaged already, you may want to start the licensing process right away because it takes many months and she can get things like transcripts done quicker if she is available locally.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
more...
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mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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indyanguy
08-24 03:05 PM
In the past EB3 was eligible for PP before EB2 was eligible.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
more...
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LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
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lxz2011
12-19 12:04 AM
I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
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chnaveen
06-09 06:46 PM
After the July 2007, there was July 2008, and then July 2009 before July 2010.
So no need to think about that July 2007 every now and then.
We should do our best like the one we just had, the Advocacy days in DC.
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
So no need to think about that July 2007 every now and then.
We should do our best like the one we just had, the Advocacy days in DC.
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
desighee
02-25 02:28 PM
In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.
Essex,MD has the MVA office.
http://www.mva.state.md.us/LOCATION/baltimorecounty.htm
Essex - Full Service
Middlesex Shopping Center
1338-A Eastern Boulevard
Essex, MD 21221
They don't need any letter from SSN administration.However they do check your visa status etc.So should be able to prove your legal status(passport.797 form etc),
i would suggest call them up or go to their office with all the documents.They will tell u if there is anything they need and if it is missing.
they are extremely courtious people and will tell u rightaway if there are problems with ur docs.
Offcourse my information may be outdate so call them up first to make sure info is correct.
Essex,MD has the MVA office.
http://www.mva.state.md.us/LOCATION/baltimorecounty.htm
Essex - Full Service
Middlesex Shopping Center
1338-A Eastern Boulevard
Essex, MD 21221
They don't need any letter from SSN administration.However they do check your visa status etc.So should be able to prove your legal status(passport.797 form etc),
i would suggest call them up or go to their office with all the documents.They will tell u if there is anything they need and if it is missing.
they are extremely courtious people and will tell u rightaway if there are problems with ur docs.
Offcourse my information may be outdate so call them up first to make sure info is correct.
alparsons
January 1st, 2005, 02:33 PM
Just realized I should mention that they look quite good as they are, and if you wanted to tinker with the stuff I mentiioned above I think you could turn it into something that would knock some eyeballs out.