krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
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lostinbeta
10-06 12:09 AM
With the first question what it sounds like you want to do is open your image (you may have to copy and paste it into a new document, not sure)...
Select the layer with your image then go to Image/Adjustments/Hue Saturation (this is in Photoshop 7, it is still under the Image menu in 6, but Adjustments was named something else, which I forget now)
Then check the colorize checkbox and slide the sliders to the color you want.
As for your second question, yes it is possible. You can use the Lasso tool. If you have the toolbar pallette open, it is the tool right under that Rectangle Marquee tool. You can right click on the lasso tool to choose between 3 different types of lassos. The rounded one is to select an area freehand style, the jaggety one is to select an area by clicking points, and the one with the magnet allows you to better outline things.
I hope this helps. If not, reply back:)
PS: It is lostinbeta not lostinbest :evil: :P
Select the layer with your image then go to Image/Adjustments/Hue Saturation (this is in Photoshop 7, it is still under the Image menu in 6, but Adjustments was named something else, which I forget now)
Then check the colorize checkbox and slide the sliders to the color you want.
As for your second question, yes it is possible. You can use the Lasso tool. If you have the toolbar pallette open, it is the tool right under that Rectangle Marquee tool. You can right click on the lasso tool to choose between 3 different types of lassos. The rounded one is to select an area freehand style, the jaggety one is to select an area by clicking points, and the one with the magnet allows you to better outline things.
I hope this helps. If not, reply back:)
PS: It is lostinbeta not lostinbest :evil: :P
ivgclive
04-25 04:24 PM
Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
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waitin_toolong
07-30 01:38 PM
she can do it safely without affecting either of you.
more...
Openarms
09-15 03:01 PM
How come Mubai,India consulate publish cut of date as april 2002 for EB3-I??
see the below link
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
see the below link
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
misha
06-15 12:10 PM
I have a question regarding Future Employment salary start date because my current salary is a little bit lower then the salary in PERM
and I-140.
I have approved PERM and I-140 with priority date in December 2005.
I'm going to apply 485 and probably EAD in July.
The future job salary in my approved PERM and I-140 is $30/hour
At present time I earn $29/hour.
When does my employer should start to pay $30/hour?
1) Before I submitted 485
2) After I submitted 485
3) After I submitted EAD
4) After I got EAD approval
5) After I got 485 approval
and I-140.
I have approved PERM and I-140 with priority date in December 2005.
I'm going to apply 485 and probably EAD in July.
The future job salary in my approved PERM and I-140 is $30/hour
At present time I earn $29/hour.
When does my employer should start to pay $30/hour?
1) Before I submitted 485
2) After I submitted 485
3) After I submitted EAD
4) After I got EAD approval
5) After I got 485 approval
more...
freddyCR
February 11th, 2005, 06:12 PM
Still testing...how do you like it ?
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34 mm
F/8
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http://img.photobucket.com/albums/v629/alcorjr2/IMG_0194-1Large.jpg
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ilikekilo
03-18 12:37 PM
I wasnt aware of this...no wonder why somoene hwoam u know whose visa is expiring and no GC field yet.. the company filed a L1 for him and planninhg to send him overseas...
what a gimmick!
what a gimmick!
more...
gparr
May 19th, 2004, 01:54 PM
Agreed, but look at last week's two leading finalist shots. Basically a couple of good family snapshots: the kid getting wet and a guy with a hose. Confuses me as to what's considered good "competition" photography.
Gary
Gary
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thomasraj
10-23 04:52 AM
:D It's amazing to hear that in US the divorced women can share her ex-husband's property. But I don't think so such things are allowed in India and I would suggest the writer to visit any one of the Indian lawyers and clarify your doubts.
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bayarea07
02-05 05:56 PM
Thanks @hibworker
Have you tried this option before.
You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.
Have you tried this option before.
You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.
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vikki76
04-04 12:52 PM
ImmigrationVoice was exceeding character limits for handle
more...
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cbpds
09-01 07:34 PM
what are u acheiving out of this poll???? get back to work !!
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permfiling
07-29 02:41 PM
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
Jsb,
thank you for confirming. My wife's h1 is approved but once i took the appointment at calgary, the appointment letter mentions that first time COS conversions are strongly urged to go to their home countries as they cannot verify the academic qualifications. I think this is mainly for ppl going on desi consulting companies unlike universities.
Thanks
Jsb,
thank you for confirming. My wife's h1 is approved but once i took the appointment at calgary, the appointment letter mentions that first time COS conversions are strongly urged to go to their home countries as they cannot verify the academic qualifications. I think this is mainly for ppl going on desi consulting companies unlike universities.
Thanks
more...
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npk1255
10-04 10:55 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
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GCNirvana007
08-19 06:02 AM
Those who can afford to go to an USCIS office, if you have proper evidence, they issue AP and give it to you right there.
more...
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raysaikat
08-01 12:11 AM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
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Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
bindas74
01-23 11:16 PM
Hi Gurus,
I filed my 485 in June 07 ad hd my FP on 7th September, 07. I read on some of the threads that we would be geting notices for additional finger printing after 15 months or so. I havent received any yet. Should I be proactive an request for one? Will my EAD finger printng count towards the requirement? ( I had given my biometrics formy EAD last April i.e 08 April ). Is this the reason why I did not get the FP notice? Any one in my boat?
Please advise.
Thanks in advance
I filed my 485 in June 07 ad hd my FP on 7th September, 07. I read on some of the threads that we would be geting notices for additional finger printing after 15 months or so. I havent received any yet. Should I be proactive an request for one? Will my EAD finger printng count towards the requirement? ( I had given my biometrics formy EAD last April i.e 08 April ). Is this the reason why I did not get the FP notice? Any one in my boat?
Please advise.
Thanks in advance
mkumar
04-20 07:54 PM
thank you
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