nat23
06-12 03:01 PM
I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
wallpaper amor no correspondido frases.
nomi
12-12 12:36 PM
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
f1vlad
01-19 11:23 PM
Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
2011 amor no correspondido frases.
logiclife
01-30 03:56 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.
Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.
more...
indrachat_75
05-15 05:11 PM
Hi,
One of my friend needs some advice :
I am in Company A on L1A. Client (Company B) wants to hire me on H1-B. Can I do it now ?
Please advice.
Indra
One of my friend needs some advice :
I am in Company A on L1A. Client (Company B) wants to hire me on H1-B. Can I do it now ?
Please advice.
Indra
kpchal2
07-18 11:57 AM
hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.
more...
coopheal
05-06 08:57 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
2010 amor no correspondido frases.
boppana99
09-26 11:17 AM
Just sent an email that the rally was to put forward the delays enforced by USCIS for the green cards and not for the H-1B cap increase. Gave the IV link to check for the rally facts.
more...
sledge_hammer
02-14 12:49 PM
To answer your question, no, I'm not a conservative Christian. I'm a Hindu and I'm proud of it!
Now that I have answered your question, allow me ask YOU a few questions:
1. If I really were a Conservative Christian, does my belief that Jew were persecuted hold any less credibility?
2. Are you an anti semite?
3. Are you friends with Ahmedenejad?
4. Do you watch a lot of Mel Gibson movies when you're not otherwise writing nonsense on this forum? :)
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
Now that I have answered your question, allow me ask YOU a few questions:
1. If I really were a Conservative Christian, does my belief that Jew were persecuted hold any less credibility?
2. Are you an anti semite?
3. Are you friends with Ahmedenejad?
4. Do you watch a lot of Mel Gibson movies when you're not otherwise writing nonsense on this forum? :)
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
hair amor no correspondido frases.
abhijitp
07-24 07:59 PM
Folks,
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
It seems there are quite a few folks here (including me) whose I-485 application missed out on some evidence or document. So far, no conclusive answer on what should be done. It may be worthwhile calling someone like Rajiv Khanna about this situation:rolleyes:
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
It seems there are quite a few folks here (including me) whose I-485 application missed out on some evidence or document. So far, no conclusive answer on what should be done. It may be worthwhile calling someone like Rajiv Khanna about this situation:rolleyes:
more...
espoir
01-18 10:20 PM
OK. What the inital poster stated is true. Per US Law one MUST carry all the immigration documents. My home is literally 4.5 miles away from US-Mexico border crossing and 30 miles west of Harlingen airport. I lived here since 2001 and as per my experience cops usually do not ask for immigration documents when stopped for routine traffic stops. Both the times when I was stopped, I was asked for DL and Insurance as usual per TX law. I normally do not carry my passport and other docs when I go to work (5.5 miles north to where I live), when shopping or when going out within 15 miles (north) of my home. Suresh was asked for PP by a police officer because he was in the airport.
I ALWAYS carry my passport and status verifying docs when I know I'm in the vicinity of exit points such as Greyhound terminal, Airport (even if I'm just dropping/picking up a friend at the Airport) or going out of town. Because I know there are NO excuses whatsoever for not carrying the docs if you are travelling north or south from US-Mexico border town.
But when in town I never had any trouble, and carrying the imigration docs as needed was never a problem for me. Trust me I sat on tables right next to Border Patrol Officers when I go out to lunch many times.
In fact at border towns (especially Mexican border), there is lot of vigilence at exit points whether you are citizen or not, you can be held for questioning. Its logical, since escaping into Mexico is literally matter of minutes for law-breakers.
Also, I do carry a copy of PP in my car, just in case. Nothing wrong in carrying copy of our PP (note: not US docs). Although whether to accept your explanation or not is completely upto the officer.
Few of my friends from north of Texas visited me did forget their immigration docs and passports(inspite of me cautioning them 100 times), they were held at checkpoints (50 miles north of the border) but were eventually let go after couple hours of verification process. Bottom line you may mostly get away for not carrying the documents at all times. But if they want to hold it against you, you have no case in your favor. Always be nice to them and 99% times you are treated respectfully.
I ALWAYS carry my passport and status verifying docs when I know I'm in the vicinity of exit points such as Greyhound terminal, Airport (even if I'm just dropping/picking up a friend at the Airport) or going out of town. Because I know there are NO excuses whatsoever for not carrying the docs if you are travelling north or south from US-Mexico border town.
But when in town I never had any trouble, and carrying the imigration docs as needed was never a problem for me. Trust me I sat on tables right next to Border Patrol Officers when I go out to lunch many times.
In fact at border towns (especially Mexican border), there is lot of vigilence at exit points whether you are citizen or not, you can be held for questioning. Its logical, since escaping into Mexico is literally matter of minutes for law-breakers.
Also, I do carry a copy of PP in my car, just in case. Nothing wrong in carrying copy of our PP (note: not US docs). Although whether to accept your explanation or not is completely upto the officer.
Few of my friends from north of Texas visited me did forget their immigration docs and passports(inspite of me cautioning them 100 times), they were held at checkpoints (50 miles north of the border) but were eventually let go after couple hours of verification process. Bottom line you may mostly get away for not carrying the documents at all times. But if they want to hold it against you, you have no case in your favor. Always be nice to them and 99% times you are treated respectfully.
hot amor no correspondido frases.
pappu
08-03 01:01 PM
if there is diff emails with diff content it will be better. it will show diversity. even though we all will say the same thing.
on second thoughts i feel lou dobbs is unlikely to change his opinion even if 1K people send him mails. send it anyways to all other cnn anchors so that IV can get some coverage on cnn.
on second thoughts i feel lou dobbs is unlikely to change his opinion even if 1K people send him mails. send it anyways to all other cnn anchors so that IV can get some coverage on cnn.
more...
house amor no correspondido. house
Sammo
02-21 05:04 PM
every package except LW has a free trial.
Yeah and thats the one I really want to try...I've heard so much abuot LW being the best (although my 3d friends are probably biased)...
Yeah and thats the one I really want to try...I've heard so much abuot LW being the best (although my 3d friends are probably biased)...
tattoo amor no correspondido frases.
calgirl
07-20 02:40 PM
you don't need PD's to be current to apply for interim benefits like EAD/AP
Thanks WeShallOvercome. I panicked for a few minutes. :)
Thanks WeShallOvercome. I panicked for a few minutes. :)
more...
pictures amor no correspondido frases. frases de amor no correspondido. amor
leoindiano
03-17 09:59 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
dresses amor no correspondido frases.
ss1026
08-17 09:58 AM
It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?
I guess this simply the demand supply equation. I might in realty be the other way with regards to the number of EB-3 approvals. I remember reading that EB-3 India got quite a few visas in June and July of this year. I dont remember the exact numbers but I am sure they exceeded the 7% per country limit. Anyone remember the exact number of approvals for EB-3 India
EB-3 India Feb 05
I guess this simply the demand supply equation. I might in realty be the other way with regards to the number of EB-3 approvals. I remember reading that EB-3 India got quite a few visas in June and July of this year. I dont remember the exact numbers but I am sure they exceeded the 7% per country limit. Anyone remember the exact number of approvals for EB-3 India
EB-3 India Feb 05
more...
makeup amor no correspondido frases. frases de amor no correspondido. amor y
priderock
06-30 11:41 PM
Although our endeavor should be to make USCIS accept applications through out July , In my opinion We should be willing to accept any compromise cut off date for accepting applications. Say for example two weeks from Jul1 or 1 week from Jul 1st etc. (Worst case being cases received until revised dates are published). I know some of them might not get their applications through in first two weeks , but I think it is better than alternative (Which is no one gets through)
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
girlfriend amor no correspondido frases
Canadian_Dream
04-10 05:56 PM
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.
How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.
Check out some of the prevailing wages and see for yourself if these are real market wages:
System Analyst in San Jose California $64K
http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
Consultant in San Francisco 55K
http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.
How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.
Check out some of the prevailing wages and see for yourself if these are real market wages:
System Analyst in San Jose California $64K
http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
Consultant in San Francisco 55K
http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf
hairstyles amor no correspondido frases.
sam_hoosier
01-18 04:52 PM
http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
logiclife
12-20 07:24 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
rsayed
03-12 08:25 AM
It's a classic case of "khoda pahaad, nikla chuha"...(dug a mountain, only to find a rat)...:D