davidk
02-16 08:41 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
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AyMoNdo80
12-12 06:15 PM
hey guys,
am from Egypt , i've won the dv lottary and am waitting my interview and guess what.. i choose NC to be my station.. i like it and i wish to live there..
if sm1 wish to contact me plz feel free and i'll be happy if i got afriend from there as well
good day
am from Egypt , i've won the dv lottary and am waitting my interview and guess what.. i choose NC to be my station.. i like it and i wish to live there..
if sm1 wish to contact me plz feel free and i'll be happy if i got afriend from there as well
good day
Blog Feeds
03-04 08:10 AM
And now for some good news.....The New York Times and the St. Petersburg Times reported two separate indidents of penalties and [prison sentences imposed on people who provided fraudulent immigration services to foreign nationals.
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
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neeidd
07-09 11:42 AM
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
more...
alias
03-02 12:54 PM
anad you open another thread ....
IV2007
08-13 09:53 AM
How on earth will I knw who she is. All I know is, that's the name on my
tracking reciept acknowledged by at NSC on July 2nd at 2.35 P.M.
What's the confusion ? I guess she's employed at NSC :D
With USCIS playing with our fate - we need to look at all possible issues..
tracking reciept acknowledged by at NSC on July 2nd at 2.35 P.M.
What's the confusion ? I guess she's employed at NSC :D
With USCIS playing with our fate - we need to look at all possible issues..
more...
MIK18
01-14 09:13 PM
It took 8 months for the paper work,running ads etc.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
It was filed on Nov 9th and my HR got approval on Jan 5th.
EB3 and EB2 from same Company.
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mss007
02-24 06:59 PM
No need I-485 receipt.. I came on AP they didn't asked the receipts of I-485
even if they ask the copies are enough.
No need to worry if she has original AP.
even if they ask the copies are enough.
No need to worry if she has original AP.
more...
485Mbe4001
04-19 02:27 PM
Please talk to your congressman and/or Senator and update them of your plight in particular and the EB immigration mess in particular. They are very responsive.
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milind70
04-28 12:46 AM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
more...
Canadian_Dream
07-25 02:12 AM
http://www.murthy.com/nflash/nf_051607.html
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
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mariner5555
05-27 04:02 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
more...
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shivakmr
08-09 03:11 PM
Jasmin45---------> Dont waste your time by giving this kind of suggestion....we are not looking for this answer at this point of time.
From the point of BEC this is the right area..........
Immigration Voice > Labor Certification Stage > Backlog Processing Center
and if u still have a problem with that..........move it urself.
From the point of BEC this is the right area..........
Immigration Voice > Labor Certification Stage > Backlog Processing Center
and if u still have a problem with that..........move it urself.
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Redeye
01-25 12:47 PM
What are all the documents needed for travel on AP? I am travelling JFK->Dubai->India. I am guessing there is no transit visa mess involved here since there is no Europe stop.
Documents are
1) 3 sets of AP valid till october 2008
2) EVL
3) Current pay stubs
4)H1 approval (valid till 2010, no needed but still have it)
Do I need w2 and tax returns etc?
Thanks
Documents are
1) 3 sets of AP valid till october 2008
2) EVL
3) Current pay stubs
4)H1 approval (valid till 2010, no needed but still have it)
Do I need w2 and tax returns etc?
Thanks
more...
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senocular
10-27 08:42 PM
Stop wasting your pixels!
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belmontboy
07-23 02:10 PM
I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?
Thanks for the help.
was it no contest or did u plead guilty?
Thanks for the help.
was it no contest or did u plead guilty?
more...
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paskal
10-02 05:39 PM
Hi Guys,
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
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inskrish
07-19 07:07 PM
Your solution seems risky. USCIS may either issue an RFE later ,or straight away reject your application due to lack of evidence, so it is better negotiate with your old employer and get the document. If you get an RFE, you can submit the response even if the dates are not current. But, if your application gets rejected, you can reapply only when your PD is current, and that will make you to wait for years.
Regards,
IK
Regards,
IK
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joreal
04-04 02:48 PM
hi,
If my H1B is revoked, how much grace period will i have ? After my H1B is revoked, how many days can i stay in this country ? And again if i find a new employer to transfer H1B, how should i proceed.Please advise.
Thanks in advance...
If my H1B is revoked, how much grace period will i have ? After my H1B is revoked, how many days can i stay in this country ? And again if i find a new employer to transfer H1B, how should i proceed.Please advise.
Thanks in advance...
nhfirefighter13
August 6th, 2004, 10:17 PM
23 views and not a single comment? I guess I must be going blind.
aim-high
03-24 04:32 PM
I am planning to apply for Schengen visa in an Italian consulate. I have an expired H1 but a valid AP. According to the italian consulate website, here is one of the visa requirements
"passport or travel document valid for at least three months after visa expiry date"
My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
Do I have a workaround ?
Thanks
"passport or travel document valid for at least three months after visa expiry date"
My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
Do I have a workaround ?
Thanks
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