h1bwala
12-09 03:17 PM
Hi
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
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martinvisalaw
09-10 12:05 PM
The US Department of State has released the new Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html) for October 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories. However, Family 1st Preference for Mexico moves forward by 17 months
Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, China, and countries other than India and China.
The biggest change is that the bulletin once again lists priority dates for 3rd Preference and Other Workers. These categories have been "Unavailable" since the May 2009 bulletin. Unfortunately, the priority dates listed on the October bulletin are all at least a few weeks behind the dates listed the last time, in the April bulletin. This may be the Visa Office being conservative in its first allocation of numbers for the new fiscal year. Let's hope so, and hope that they move forward in the next few months.
Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, China, and countries other than India and China.
The biggest change is that the bulletin once again lists priority dates for 3rd Preference and Other Workers. These categories have been "Unavailable" since the May 2009 bulletin. Unfortunately, the priority dates listed on the October bulletin are all at least a few weeks behind the dates listed the last time, in the April bulletin. This may be the Visa Office being conservative in its first allocation of numbers for the new fiscal year. Let's hope so, and hope that they move forward in the next few months.
h1techSlave
04-24 02:03 PM
I have similar questions and do not know the answer. Hope the lawyer would answer it during the conference call:
http://immigrationvoice.org/forum/showthread.php?t=18654
http://immigrationvoice.org/forum/showthread.php?t=18654
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jest_1
03-07 08:29 AM
Amitga,
Iam in a similar situation as Ihitha. Iam planning to go to Chennai in June for stamping. Which answer do you think would be a convincing one for that question asked by the VO ?
Also after changing from L1 to H1, i had my H1 transferred between 3 companies (i changed jobs within a span of 1 month), and the current employer iam working for, iam working for about 1 year and 3 months. When i go for stamping, would they be asking for paystubs from those two companies, or does it matter only with the latest company iam working for ?
It wouldd be great if someone can help me with some suggestions.
Iam in a similar situation as Ihitha. Iam planning to go to Chennai in June for stamping. Which answer do you think would be a convincing one for that question asked by the VO ?
Also after changing from L1 to H1, i had my H1 transferred between 3 companies (i changed jobs within a span of 1 month), and the current employer iam working for, iam working for about 1 year and 3 months. When i go for stamping, would they be asking for paystubs from those two companies, or does it matter only with the latest company iam working for ?
It wouldd be great if someone can help me with some suggestions.
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raysaikat
05-17 03:27 PM
Can someone employed on a H1B visa do small private/independent consulting on the side in the same field of work? Or can he/she get paid as a private consultant in his/her home country while on H1B visa in the US?
As long as you are fulfilling your obligation to work full-time with your H1-B employer, there should be no problem to do additional work in your home country in your spare time (I am assuming that you will do that remotely) from an immigration point of view. However, it is a complex situation tax-wise. In general you do have to report that overseas income in your tax return and pay tax on it. Things get even more complicated if you do not bring the income back to US but keep it in your home country ...
As long as you are fulfilling your obligation to work full-time with your H1-B employer, there should be no problem to do additional work in your home country in your spare time (I am assuming that you will do that remotely) from an immigration point of view. However, it is a complex situation tax-wise. In general you do have to report that overseas income in your tax return and pay tax on it. Things get even more complicated if you do not bring the income back to US but keep it in your home country ...
gunabcd
06-22 12:13 PM
My birth was regiestered under totally different first name, also DOB is off by 9 days (10th June instead of 1st June). Since the birth is registered they are not issueing non-availability cert. . What to do?
I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.
I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.
more...
shirish
02-14 11:03 AM
I think he applied for 485 long back in those golden days, when every one was current.
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TheCanadian
11-10 01:28 AM
What is a food coma?
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checklaw
11-20 09:34 AM
Thanks for the reply.
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Definitions :
http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm
Independent Contractor :
http://jobsearchtech.about.com/od/jobs/l/aa083099.htm
checklaw
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Definitions :
http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm
Independent Contractor :
http://jobsearchtech.about.com/od/jobs/l/aa083099.htm
checklaw
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ambals03
04-11 04:54 PM
Please read what the event is about. It is NOT about people asking questions on issues. It is about "How can Congress effectively use Facebook". :)
No...he is going to talk about that. But, we can submit any question we want him to answer. I am in their email mailing list, the invitation explains it better than the facebook page :)
No...he is going to talk about that. But, we can submit any question we want him to answer. I am in their email mailing list, the invitation explains it better than the facebook page :)
more...
a_yaja
05-26 09:50 AM
Greetings,
My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.
My question is:
Will he be able to stay after his visa expiration date?
In other words, when will his I-94 expire?
Regards,
Rasheed
Once your father enters the US, the expiry of the visa does not matter. Your father will be able to stay in the US till the expiry of the I-94.
The expiry of the I-94 will be determined by the officer at the port of entry. Usually, for parents, it is granted for 6 months, but there is no hard and fast rule and it totally depends on the officer who is stamping the I-94. However, I think for B-1, the max. duration is usually six months (again - not 100% sure about this - it could be longer too).
My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.
My question is:
Will he be able to stay after his visa expiration date?
In other words, when will his I-94 expire?
Regards,
Rasheed
Once your father enters the US, the expiry of the visa does not matter. Your father will be able to stay in the US till the expiry of the I-94.
The expiry of the I-94 will be determined by the officer at the port of entry. Usually, for parents, it is granted for 6 months, but there is no hard and fast rule and it totally depends on the officer who is stamping the I-94. However, I think for B-1, the max. duration is usually six months (again - not 100% sure about this - it could be longer too).
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roseball
07-26 09:00 PM
Hi,
I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).
so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.
Thanks,
Rajeev
First, your attorney needs to call USCIS and ask if they received your application and get a receipt number. Then, you can file a form I-907 to upgrade it to premium processing. Moreover, you cannot start working for a company until you get a receipt notice, so this could cause issues to you incase you already started working. Have your attorney contact USCIS asap and track where your application packet is.
I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).
so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.
Thanks,
Rajeev
First, your attorney needs to call USCIS and ask if they received your application and get a receipt number. Then, you can file a form I-907 to upgrade it to premium processing. Moreover, you cannot start working for a company until you get a receipt notice, so this could cause issues to you incase you already started working. Have your attorney contact USCIS asap and track where your application packet is.
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prabakarkn
05-26 09:49 PM
Its always better to fill, if your clear with the answer.otherwise you can find the help here.
Its simple.
Its simple.
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gc_on_demand
09-23 07:42 PM
Just read this on another forum.....
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
I thought it was E-verify and our bill with some sunset bills. Now he excluded those things and added last item which Republicans never supports. So he is making this as suicide bill . This is all about politics. See how they turned back in last minutes. Now they created a image of Immi friendly but eventually they didn't fight for us. Bob was Anti in beginning and he introduce recapture so get our support now after becoming popular among us and our friends , relatives he is officially not stopping bill but killing it.
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
I thought it was E-verify and our bill with some sunset bills. Now he excluded those things and added last item which Republicans never supports. So he is making this as suicide bill . This is all about politics. See how they turned back in last minutes. Now they created a image of Immi friendly but eventually they didn't fight for us. Bob was Anti in beginning and he introduce recapture so get our support now after becoming popular among us and our friends , relatives he is officially not stopping bill but killing it.
more...
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brij523
03-02 06:00 AM
hi anyone there!!
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jaggubhai
05-18 12:49 AM
Snathan, thanks for the reply.
One of my friends told me that now a days Universities send info about all foreign students to USCIS database. I am just concerned if i say No and if the data shows up on IO's computer that she is taking classes, wouldn't that be a problem?
Please let me know your opinion.
Thanks again.
One of my friends told me that now a days Universities send info about all foreign students to USCIS database. I am just concerned if i say No and if the data shows up on IO's computer that she is taking classes, wouldn't that be a problem?
Please let me know your opinion.
Thanks again.
more...
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estrela21
02-08 10:02 PM
does anyone know of any good chicago based immigration lawyer?
References are welcome!!!!
:confused:
why do you need a lawyer?? if i may ask.?
i know one but depend why...?:confused:
References are welcome!!!!
:confused:
why do you need a lawyer?? if i may ask.?
i know one but depend why...?:confused:
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gc_chahiye
10-29 05:52 PM
Hello, I've been offered a job and have less than 180 days since applied for I485. I have EAD document thourgh my wife as well.
In case I accept the job offer do I need to withdraw my pending I485?. If will work part time with my current employer will my application be affected in any way?
Thanks,
Valy Sivec
No problem from immigration point of view of working part-time on second job.
In case I accept the job offer do I need to withdraw my pending I485?. If will work part time with my current employer will my application be affected in any way?
Thanks,
Valy Sivec
No problem from immigration point of view of working part-time on second job.
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Bruce2000
01-11 10:27 PM
I saw a prior post talking about this issue but has no answer. I am very upset about it.
Vermont Center received my OPT Application on Oct 31,2008. But I checked my status online and it said, "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283."
Could anyone who experienced this could tell me why? (I inputted the case number correctly.) Can you guys still get your OPT card after this happened?
Thanks a lot!
Vermont Center received my OPT Application on Oct 31,2008. But I checked my status online and it said, "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283."
Could anyone who experienced this could tell me why? (I inputted the case number correctly.) Can you guys still get your OPT card after this happened?
Thanks a lot!
rajnag21
07-05 05:12 PM
Hi Almond and dilbert_Cal,
I am in my seventh year of h1. I applied for one year extension.Not granted yet.
So do I have to wait to get the extension approved ? Can I get my 140 approval and re-appy for 3 year extension and then make the move ?
I am really grateful for that bit of info previously.
I am in my seventh year of h1. I applied for one year extension.Not granted yet.
So do I have to wait to get the extension approved ? Can I get my 140 approval and re-appy for 3 year extension and then make the move ?
I am really grateful for that bit of info previously.
waiting4gc02
01-11 09:18 AM
Guys:
Does anyone know what is the current count on H1-B Visas left for the year 2006-07 ?
I know I may sound stupid and probably the answer is that it is already complete, but wanted to confirm.
Also, when would the next years quota become available and when can one start working at the earliest ?
Is there any other way to file for H1-B now and work..?
Thanks
Does anyone know what is the current count on H1-B Visas left for the year 2006-07 ?
I know I may sound stupid and probably the answer is that it is already complete, but wanted to confirm.
Also, when would the next years quota become available and when can one start working at the earliest ?
Is there any other way to file for H1-B now and work..?
Thanks
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