conundrum
03-12 11:53 AM
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gchandu
04-13 08:31 AM
Hi dammu
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
mhathi
09-23 07:55 AM
I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.
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karthikgk
02-20 08:30 AM
Thanks vegasbaby. The info is quite usefull
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snathan
02-01 09:35 PM
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
How come a wife can have another wife...:D if you are not aware the OP is a girl.
You didnt tell which movie cd...?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
How come a wife can have another wife...:D if you are not aware the OP is a girl.
You didnt tell which movie cd...?
chanduv23
02-24 07:17 AM
this is what i know
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.
His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.
His employer also threatening to withdraw 140 support if he leaves.
OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.
since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process
u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months
again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action
btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.
His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.
His employer also threatening to withdraw 140 support if he leaves.
OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.
more...
mikrupee
07-27 03:26 PM
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
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saibaba
03-31 02:21 PM
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
more...
satyasaich
06-20 04:08 PM
First of all,
If i may ask, do you have valid visa stamp in your passport?
If so, (and if circumstances permit), plan to complete your travel with in that validity.
Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.
Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
OMG are you guys saying dont travel even in emergency situations?!!
If i may ask, do you have valid visa stamp in your passport?
If so, (and if circumstances permit), plan to complete your travel with in that validity.
Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.
Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
OMG are you guys saying dont travel even in emergency situations?!!
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partha_vus
02-13 05:19 PM
Hi,
My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.
thanks,
My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.
thanks,
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Ann Ruben
06-26 09:48 AM
the answer you got is correct. you can sign as the child's father. I agree that the law is inhumane, but sadly it is the law. The baby's young age alone will not suffice as a basis for Humanitarian Parole. Again, I urge you to consult with an experienced lawyer before proceeding.
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vindas
06-14 04:05 PM
I have 3 yrs graduation and 2 year post graduation and one year diploma in computer application. I have 18 years IT experience. I am working in managerial level after filing AC21. But my lawyer says I am not eligible to file for EB2 labor and port from EB3 to EB2. So I am still waiting for my i-485 to be approved. Anyone have any clue if it can be possible to port to EB2.
Priority Date -Sept 2003
I-485 - Aug 2007
Filed 3rd EAD today.
Priority Date -Sept 2003
I-485 - Aug 2007
Filed 3rd EAD today.
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InTheMoment
02-27 01:16 PM
UnitedNations,
While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
It's another thing that none of us used that I-130 ever.
Leslie535,
Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.
While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
It's another thing that none of us used that I-130 ever.
Leslie535,
Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.
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saro28
10-20 01:55 PM
Not True, We submitted the Birth Certificate obtained from Indian consulate here in US and One of the GC got approved recently. In my opinion the Birth Certificate from Indian Consulate is sufficient
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smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
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nousername
03-31 05:47 PM
Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
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zexunzhou
09-17 12:54 PM
do not know what to do yet.
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delhirocks
06-17 12:11 PM
Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
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zigma
04-06 07:21 AM
With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
everonh1
06-21 02:59 PM
I am in same boat.
Here is my experience with USCIS at San Francisco:-
Went to USCIS SFO Today.
They bluntly told me that they have no process to re-issue I-94s.
Either file an H1 Extension or leave the country and get back in for a new extended I-94.
I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
I asked them if San Francisco CBP will fix it - they said NO,they wont.
Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
So I have to go out to any country other than border countries and only then I-94 will be issued?
How more crazy can USCIS be?
How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.
Here is my experience with USCIS at San Francisco:-
Went to USCIS SFO Today.
They bluntly told me that they have no process to re-issue I-94s.
Either file an H1 Extension or leave the country and get back in for a new extended I-94.
I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
I asked them if San Francisco CBP will fix it - they said NO,they wont.
Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
So I have to go out to any country other than border countries and only then I-94 will be issued?
How more crazy can USCIS be?
How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.
tnite
08-05 10:02 PM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
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