desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
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godbless
05-01 09:08 AM
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
eager_immi
07-18 04:05 PM
No when ur PD is current; Yes it has effect when not current.It does not.
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s416504
09-23 09:40 AM
I mean stay on L1A (7 Year) with existing company. Apply green card through company B OR any other (For applying grren card, you don't need to be employee of that firm). Switch job as soon as you get I140 (premium process) approved from B company. If everything goes well, One year is enough to get I140 approval through premium process.
more...
minimalist
09-10 02:54 PM
Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
more...
averagedesi
06-20 04:45 PM
Here is an excerpt from the link below.. it sounds crazy
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
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gh0st
06-24 03:20 PM
I voted for grinch becuase his second image was amazing!
But this was a tough battle, great job guys
But this was a tough battle, great job guys
more...
WaitingUnlimited
10-09 06:27 PM
Sorry.. Subject should have been "Filing PERM During 6th year of H1"
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
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fatboysam
02-12 08:33 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
more...
rosy
10-18 12:17 PM
Hi,
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
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rajsenthil
05-22 11:38 AM
I too got the soft lud's on May 21 for all of my 485. There is no change in the current status. Could that be FPs are sent or just a regular batch update? I don't know.
more...
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dummgelauft
10-06 05:07 PM
Change the title of your little blog to read illegal immigration....
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bindas74
01-25 11:35 AM
Anyone please share ur opinion.
Thanks
Any opinions please?
Thanks
Thanks
Any opinions please?
Thanks
more...
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acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
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VenuK
06-16 05:55 PM
H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
more...
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rc0878
09-25 08:45 AM
Same here so dnt worry be happy!!
Today i received my EAD card, It says fingerprint not available. I have not yet received FP notice
Has this happened to anybody else, will i have to update EAD card after FP, how does this work
Filed on July 16th, My checks were cashed on 10th Sep
Thanks
vinod
Today i received my EAD card, It says fingerprint not available. I have not yet received FP notice
Has this happened to anybody else, will i have to update EAD card after FP, how does this work
Filed on July 16th, My checks were cashed on 10th Sep
Thanks
vinod
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Blog Feeds
11-18 02:50 AM
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
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perm2gc
09-15 10:57 AM
As they just started I-140 premium processing, I wonder why they cannot initiate 3rd stage premium processing.
I wouldn't mind spending a couple thousand dollars if I can get the actual green card in a couple of weeks after starting the 3rd stage. Time is money. If I can buy it, I will buy it.
I don't think it is very constructive to repeat the same story to the congress, which they are not tuned to. We'd better make various suggestions from many different angles so that they can pick at least some of them in a timely manner.
The last stage is already messy when USCIS made everything CURRENT and everyone filed whether visa numbers are available or not.. Do you want to add more to it?
But your idea of various suggestion is encouraging.
I wouldn't mind spending a couple thousand dollars if I can get the actual green card in a couple of weeks after starting the 3rd stage. Time is money. If I can buy it, I will buy it.
I don't think it is very constructive to repeat the same story to the congress, which they are not tuned to. We'd better make various suggestions from many different angles so that they can pick at least some of them in a timely manner.
The last stage is already messy when USCIS made everything CURRENT and everyone filed whether visa numbers are available or not.. Do you want to add more to it?
But your idea of various suggestion is encouraging.
meridiani.planum
07-23 05:34 AM
All,
Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.
no one is auto-ordering card production (whatever that means).
lets stick with vdlrao's thread to track Augusts approvals please. no need for another thread for teh same topic.
Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.
no one is auto-ordering card production (whatever that means).
lets stick with vdlrao's thread to track Augusts approvals please. no need for another thread for teh same topic.
tillu
04-02 02:27 AM
Can someone help??
Where are the guys who can reply this.
Please reply before it is too late for me.
Where are the guys who can reply this.
Please reply before it is too late for me.