senthil1
01-30 02:26 PM
Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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hebbar77
05-08 02:43 PM
Please contribute...
If I contribute will IV make EB2 unavailable?
If I contribute will IV make EB2 unavailable?
prince_waiting
08-14 01:32 AM
Hi Prince_waiting,
Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.
Regards,
IK
Hi IK,
Thanks for the clarification, It was along expected lines. I guess my lawyer was trying to get me to send the application ASAP.
Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.
Regards,
IK
Hi IK,
Thanks for the clarification, It was along expected lines. I guess my lawyer was trying to get me to send the application ASAP.
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sukhwinderd
02-17 09:52 PM
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
more...
franklin
06-13 09:14 PM
Is there any specific center we should be sending our 485 application. I have applied for I140 from Nebraska, can I apply for 485 in Texas...
Per my previous post:-
all I485 apps go to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing based on a pending or an approved Form I-140.
They then get forwarded to the correct place
Per my previous post:-
all I485 apps go to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing based on a pending or an approved Form I-140.
They then get forwarded to the correct place
rbharol
10-30 12:00 PM
Guys,
When NumbersUSA would present their case to the lawmakers,
They would present their logic and arguments with facts they may have.
When ImmigrationVoice present their case they would present their logic,
arguments and facts which they have.
Then it is for lawmakers to decide who is more convincing and
what is best for AMERICA and its people
Do not worry. If we have convincing arguments and facts and
backing from the experts, which we have, we shall be heard.
Cool down guys.
I think this thread should be closed as it has lost its direction.
When NumbersUSA would present their case to the lawmakers,
They would present their logic and arguments with facts they may have.
When ImmigrationVoice present their case they would present their logic,
arguments and facts which they have.
Then it is for lawmakers to decide who is more convincing and
what is best for AMERICA and its people
Do not worry. If we have convincing arguments and facts and
backing from the experts, which we have, we shall be heard.
Cool down guys.
I think this thread should be closed as it has lost its direction.
more...
cjain
11-01 02:33 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
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aquarian
11-22 05:51 AM
...All The Universe Conspires In Helping You To Achieve It!
Mehul,
These words are not trivial. I have personally witnessed and believe an immense power hidden in these words. I with everybody else in this forum really, really want the miracle to happen with you that cures you completely and brings you back to your normal life.
This is my first post in this forum. Until today I was a bystander on the fence never actually got inspired enough to fight for a cause as trivial as getting a green card. But today I broke the fence and came in. Because never before in my life I have seen such a real courage in a real person. I salute you and wish I can be as courageous as you when life will demand from me.
Just want to let you know that somebody somewhere dropped a few tears for you and will continue to pray to the power above for your speedy recovery and well being.
Aquarian
Mehul,
These words are not trivial. I have personally witnessed and believe an immense power hidden in these words. I with everybody else in this forum really, really want the miracle to happen with you that cures you completely and brings you back to your normal life.
This is my first post in this forum. Until today I was a bystander on the fence never actually got inspired enough to fight for a cause as trivial as getting a green card. But today I broke the fence and came in. Because never before in my life I have seen such a real courage in a real person. I salute you and wish I can be as courageous as you when life will demand from me.
Just want to let you know that somebody somewhere dropped a few tears for you and will continue to pray to the power above for your speedy recovery and well being.
Aquarian
more...
rajesh_kamisetty
07-21 10:20 AM
EAD RD: 21 May 2008
LUD: 6 June 2008
FP/Photo: 15 Jun 2008
Current EAD Exp Date: 30 Aug 2008
LUD: 6 June 2008
FP/Photo: 15 Jun 2008
Current EAD Exp Date: 30 Aug 2008
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shaileshkaria2525@hotmail
11-21 08:36 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
more...
gc4me
04-23 02:50 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
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danu2007
07-09 08:37 PM
Flower Campaign - Media published urls
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://wadias.in/site/arzan/blog/gandhigiri-send-flowers-to-uscis/
http://www.touchdownusa.org/node/11
http://www.bibdaily.com/
http://www.immigration-law.com/
http://timesofindia.indiatimes.com/articleshow/2183334.cms
http://digg.com/politics/Gandhigiri_Green_Card_Hopefuls_to_Send_Flowers
http://www.wikio.com/entertainment/movies/bollywood
http://news.speeple.com/desicritics.org/2007/07/06/green-card-applicants-resort-to-gandhigiri.htm
From uspolitics.einnews.com(This page got deleted recently)
U.S. Citizenship & Immigration Services News - U.S. Politics Today
... changes in US immigration rules are planning to deluge US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez with flowers on July 10. ...
uspolitics.einnews.com/news/uscis - Jul 7, 2007 - Similar pages - Duly noted
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://wadias.in/site/arzan/blog/gandhigiri-send-flowers-to-uscis/
http://www.touchdownusa.org/node/11
http://www.bibdaily.com/
http://www.immigration-law.com/
http://timesofindia.indiatimes.com/articleshow/2183334.cms
http://digg.com/politics/Gandhigiri_Green_Card_Hopefuls_to_Send_Flowers
http://www.wikio.com/entertainment/movies/bollywood
http://news.speeple.com/desicritics.org/2007/07/06/green-card-applicants-resort-to-gandhigiri.htm
From uspolitics.einnews.com(This page got deleted recently)
U.S. Citizenship & Immigration Services News - U.S. Politics Today
... changes in US immigration rules are planning to deluge US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez with flowers on July 10. ...
uspolitics.einnews.com/news/uscis - Jul 7, 2007 - Similar pages - Duly noted
more...
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bhp2301
05-12 09:25 PM
Ghasleit and dustbin ftw:D
^^^^
^^^^
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sweet_jungle
11-06 01:42 PM
I am NSC-CSC-NSC person. I opened service request for not receiving FP.
I got a response from NSC after 30 days that my case is waiting for an opening at local ASC for FP. what an idiotic response !!
I called them again and they said that since they have responded to service request, only thing to do is wait 60 days more. they cannot again file service request. I guess I have to just keep trying till I get a good rep.
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
I got a response from NSC after 30 days that my case is waiting for an opening at local ASC for FP. what an idiotic response !!
I called them again and they said that since they have responded to service request, only thing to do is wait 60 days more. they cannot again file service request. I guess I have to just keep trying till I get a good rep.
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
more...
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diptam
06-27 12:08 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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Naveen
05-04 09:03 PM
thanks vbkris,
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
more...
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h1techSlave
03-28 10:46 AM
I have read in these forumns that USCIS wasted around 11,000 visas in 2007. The way things go, they will waste another 10,000 visas during this year also.
Stopping this wastage should be our #1 priority. But nobody seems to care about this point. Even Murthy during her discussions with USCIS does not seem to be talking about this wastage. I wonder she is even aware of this problem. May be the lawyers are very happy to extend EAD for each of us for eternity.
As per murthy bulletin, EB3 India might become unavailable or will stay where it is.. If i interpret correctly. Looks like EB3 will remain the same. Very disappointing.
Stopping this wastage should be our #1 priority. But nobody seems to care about this point. Even Murthy during her discussions with USCIS does not seem to be talking about this wastage. I wonder she is even aware of this problem. May be the lawyers are very happy to extend EAD for each of us for eternity.
As per murthy bulletin, EB3 India might become unavailable or will stay where it is.. If i interpret correctly. Looks like EB3 will remain the same. Very disappointing.
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BharatPremi
11-21 01:43 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
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ThinkTwice
07-19 07:00 PM
UDAMAN!
count me in also ....
count me in also ....
narendery
08-18 12:18 PM
My husband also got welcome e-mail mentioning about ADIT processing but when he received his card there was no information regarding ADIT processing, should we do anything about it? We have no clue, please help!!!
Thanks,
Mita
When did you receive email and when did you receive your card ?
Thanks,
Mita
When did you receive email and when did you receive your card ?
acecupid
07-03 01:26 PM
This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)
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