desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
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hey.camelo
02-07 08:39 PM
Thanks a ton for the reply. I am new and updated the profile after seeing ur post..
Due to my crysis, i cannot efford to talk to a lawyer..Thanks for the help..
Does the new employer need to start the green card process all over again? I meant the labor(perm). I was asking this question based on my 15 months time..
plz plz ..can u let me the steps that i need to talk to a new employer to apply a green card in eb2..
Due to my crysis, i cannot efford to talk to a lawyer..Thanks for the help..
Does the new employer need to start the green card process all over again? I meant the labor(perm). I was asking this question based on my 15 months time..
plz plz ..can u let me the steps that i need to talk to a new employer to apply a green card in eb2..
imcdude
04-19 03:28 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
Sorry to hear that dude.
Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!
Please write a letter to the First Lady.
Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
PM me if u need any info.
Sorry to hear that dude.
Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!
Please write a letter to the First Lady.
Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
PM me if u need any info.
2011 North Korean people#39;s
dc2007
06-29 05:07 PM
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
2. Do I have to mention in my new labor about my old labor and I-140 ?
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Thanks
DC
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
2. Do I have to mention in my new labor about my old labor and I-140 ?
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Thanks
DC
more...
martinvisalaw
11-05 08:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
veda
07-29 02:44 PM
Is it right?I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?
more...
rockstart
10-13 08:42 AM
You need to consider all possiblities
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
2010 North Korea.
breddy2000
01-25 12:32 PM
Any opinions please?
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
more...
black_logs
05-08 02:02 PM
I read this quote in RD, sorry I forgot who said it!!!
'U.S. is a big conspiracy to make you feel happy'.
'U.S. is a big conspiracy to make you feel happy'.
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InTheMoment
06-19 03:07 PM
See below
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
more...
gkdgopi
06-22 10:06 AM
I only sent an scanned affidavit to my attorney and she was ok with that.
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ras
10-26 10:46 AM
am in the same boat
more...
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sagar_nyc
08-25 10:48 AM
I think Canada is much better option . It's cheaper and convenient. I have heard many success stories of H1 stamping in Canada
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
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cheg
08-05 12:36 AM
Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)
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sameer2730
10-13 01:41 PM
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
shows different dates for EB3 India.
May be typo ????
They copy china dates. They did the same thing last time. I think their program needs a fix. They will change it manually eventually. But in the meantime if you want to rejoice in hope feel free. I did that last month. I knew I was kidding myself but then thought, why not indulge myself.
Three years back I dreamt my labor got cleared. Labor mind you not GC.Even in my dreams I don't see that. I was delighted. I was aware I was dreaming(One of those lucid dreams) but I let it continue. It felt good for a while. This is the same thing. Have fun
shows different dates for EB3 India.
May be typo ????
They copy china dates. They did the same thing last time. I think their program needs a fix. They will change it manually eventually. But in the meantime if you want to rejoice in hope feel free. I did that last month. I knew I was kidding myself but then thought, why not indulge myself.
Three years back I dreamt my labor got cleared. Labor mind you not GC.Even in my dreams I don't see that. I was delighted. I was aware I was dreaming(One of those lucid dreams) but I let it continue. It felt good for a while. This is the same thing. Have fun
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noida123
07-28 08:46 PM
It Depends on the type of security clearance. What is the type of clearance you applied for in your Dept and what agency do you work for and what type of work?
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
more...
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NKR
10-21 08:32 PM
With the risk of this news being branded too India specific, i am posting this...
go to
http://www.isro.org/pslv-c11/videos/introduction.htm for live webcast of chandrayaan launch. the launch is scheduled to be at 8.50 PM ET
go to
http://www.isro.org/pslv-c11/videos/introduction.htm for live webcast of chandrayaan launch. the launch is scheduled to be at 8.50 PM ET
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northstar
07-20 06:38 PM
Hi,
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
Nothing to worry, go ahead and give your biometrics, my friend did it twice. If you want more clarification to sleep better, take infopass and get things clarified
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
Nothing to worry, go ahead and give your biometrics, my friend did it twice. If you want more clarification to sleep better, take infopass and get things clarified
hairstyles North Korean Local People#39;s
purmuc
03-01 01:19 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
deeru
04-02 12:55 PM
bump.....
seahawks
04-30 03:53 AM
Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.
Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.
Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps
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