raysaikat
04-23 03:28 PM
Hello thanks for the reply.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.
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PHANI_TAVVALA
06-17 10:39 AM
it's fifth-third
DDLMODES
07-05 02:48 PM
Until they say is open again, it is still closed.
I don't think they will say that until 2 weeks have passed and they put out all I-140's they had in premium processing...
I don't think they will say that until 2 weeks have passed and they put out all I-140's they had in premium processing...
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kshitijnt
02-17 07:34 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
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chanduv23
01-24 10:39 PM
Come on folks, volunteering and support is the need of the hour - silence is not the solution
mayhemt
08-30 12:02 PM
Not illegal if you are also present in the recording.
- son of a lawyer... not a lawyer myself.
hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)
Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.
- son of a lawyer... not a lawyer myself.
hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)
Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.
more...
myeb2gc
02-24 08:43 PM
Hi myeb2gc ,
You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?
Hi, i got it for 2 years 10 months, but not 3 years even after having approved 140.But it seems ok...
You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?
Hi, i got it for 2 years 10 months, but not 3 years even after having approved 140.But it seems ok...
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srikanthmavurapu
08-16 04:03 PM
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
more...
roseball
10-15 04:07 PM
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
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pappu
11-25 10:10 PM
Next year is also critical for our lobbying efforts with the new administration and going through the bill cycle all over again. For that it will be very helpful if members sign up for monthly contributions. The monthly contributions help us plan future events and lobby efforts.
I urge all new and old non contributing members to sign up for monthly contributions to strengthen your organization.
I urge all new and old non contributing members to sign up for monthly contributions to strengthen your organization.
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Rockford
07-17 02:23 PM
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
To begin with, it is not my opinion. It is an excerpt from other web site and I gave the link.
This is new thread because it is different info than the popular belief here that there is going to be a definite relief.
Hope you understand :)
Servers and all members are already very stressed.
To begin with, it is not my opinion. It is an excerpt from other web site and I gave the link.
This is new thread because it is different info than the popular belief here that there is going to be a definite relief.
Hope you understand :)
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arbhaat
10-08 08:06 PM
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
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belmontboy
09-05 03:09 AM
Apparently YSR's death killed more people than Swine Flu in India.
God I love politics !
God I love politics !
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insbaby
11-12 08:12 PM
If it is a "FOR-PROFIT" organization, they may use you as a "free-service" in place of a "paid-service".
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
more...
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pappu
04-15 05:34 PM
All members are requested to be careful what you post on the forum. Senior members are requested to be vigilant and inform the moderators if you find any post that maybe offensive or from anti immigrants.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
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snathan
03-28 12:39 PM
Hi All,
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
Wait for ITIN to be processed and once get the ITIN amend your tax filing.
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
Wait for ITIN to be processed and once get the ITIN amend your tax filing.
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ppp
01-17 12:40 PM
Hi all,
I recieved AINP File number on Nov -05-2009. Since then i havent recieved anything else.Can anyone send me the link to check the processing time for AINP, a part from the this link (Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html)).
Thanks in Advance.
PPP
I recieved AINP File number on Nov -05-2009. Since then i havent recieved anything else.Can anyone send me the link to check the processing time for AINP, a part from the this link (Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html)).
Thanks in Advance.
PPP
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RSM1444
10-14 04:29 PM
Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)
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glus
03-19 09:25 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
makemygc
07-18 12:08 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
That's exactly what I'm saying. Flowers campaign has run its course and it's not going to benefit anymore. We need to come up with fresh ideas.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
That's exactly what I'm saying. Flowers campaign has run its course and it's not going to benefit anymore. We need to come up with fresh ideas.
Jaime
09-11 04:01 PM
by coming to DC!!!
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