logiclife
01-30 01:20 PM
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
wallpaper Nowquot; by Bright Eyes and
frostrated
07-13 08:37 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?
gc28262
06-10 11:06 PM
"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for me
and by that time no one was left to speak up."
http://en.wikipedia.org/wiki/First_they_came...
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for me
and by that time no one was left to speak up."
http://en.wikipedia.org/wiki/First_they_came...
2011 tattoo of Bright Eyes
Green.Tech
03-05 05:16 PM
There should have been one more option -
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
more...
ramus
07-02 06:50 AM
It is just 7 a.m. too early to say anything..
So far so good, hope we are on the same note rest of the week.
So far so good, hope we are on the same note rest of the week.
karanp25
07-14 06:34 PM
That's possible too. Please share when you received this RFE?
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
more...
LostInGCProcess
01-16 05:50 PM
Excellent writeup...It was very interesting to read, since lot of us are in almost the same situation.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
2010 right eyes tattoo…ever
suresh.emails
01-18 11:12 AM
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
more...
makemygc
07-05 12:29 PM
I just contributed my first $100.00. Go IV!
Thanks map_boiler.
Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.
Thanks map_boiler.
Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.
hair I LOVE THIS TATTOO
thomachan72
11-11 03:59 PM
I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...
more...
mgmanoj
06-10 07:49 PM
Done - sent to Alabama senators
hot Inspired by the Bright Eyes
%252525252Bright%252525252Barm.jpg "tattoo of Bright Eyes")
hsm2007
10-15 01:39 PM
I think I did. I got a CPO email few days ago but confused because I also got FP notices for me and wife two days before the CPO email and the FP is not scheduled until 3 weeks. So FP was generated before the CPO email.
any one got approval after submitting recent RFE?
any one got approval after submitting recent RFE?
more...
house -Bright Eyes
freedom_fighter
11-11 04:06 PM
wooohoooo what a great idea... bravo! applause
ok now you've created yet another post, like other people who come up with such great ideas 10 times a day and then get few responses on there posts, feel good for a moment as if you've mobilized the entire immigrant community...
and the next thing everyone is doing is just waiting for the next bulletin. But dont worry... we will have someone creating a yet new post with the same great idea next month.. :-)
ok now you've created yet another post, like other people who come up with such great ideas 10 times a day and then get few responses on there posts, feel good for a moment as if you've mobilized the entire immigrant community...
and the next thing everyone is doing is just waiting for the next bulletin. But dont worry... we will have someone creating a yet new post with the same great idea next month.. :-)
tattoo Bright Eyes
CT_Green
12-27 09:03 AM
I have a home mortgage and also a 529 for my daughter. The H1 approval notice is good enough. I guess one just needs to look around for other options.
more...
pictures me right between the eyes.
dagabaaj
02-12 04:23 PM
http://caffertyfile.blogs.cnn.com/2009/02/12/change-immigration-policy-in-light-of-job-losses/
dresses tattoo of Bright Eyes
chicago60607
09-10 10:53 PM
The above post quoting the Siskind's blog concurs with what I was told.
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
more...
makeup #right eyes #tattoo
eb3_nepa
07-05 01:37 PM
1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
girlfriend A right eyes
go_gc_way
01-13 10:37 PM
http://www.laborlawtalk.com/showthread.php?p=850460#post850460
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".
At the same time, I hope other members take time and help IV action items.
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".
At the same time, I hope other members take time and help IV action items.
hairstyles song Lua, by Bright Eyes
walking_dude
10-29 10:22 PM
I'm surprised only 70 members are interested in accurate prediction of future VB movements, and orderly processing of 485 applications instead of the current random lottery!
It would help lot of us make informed decisions if we were to know how many are in the queue and how long we have to wait.We can spend much of the wasted Tracking, VB prediction time with our families. Don't you think it's important? And that your time is too precious to be wasted over such pursuits?
It would help lot of us make informed decisions if we were to know how many are in the queue and how long we have to wait.We can spend much of the wasted Tracking, VB prediction time with our families. Don't you think it's important? And that your time is too precious to be wasted over such pursuits?
samirpatel08
03-10 01:44 PM
I agree with 'rexjamla'. My lawyer said same thing. I am working on my EAD, and I have not submit anything to USCIS.
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
Dhundhun
07-12 11:06 AM
http://www.immigration-law.com/
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007
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