san3297
06-29 05:34 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
meher
12-24 10:38 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
vrbest
03-30 07:36 AM
You can write it... no issues.,.
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
Mayra75
12-31 08:16 AM
YES. I believe that will certainly be re-introduced as one of the measures in 2006
Indio ;
Do you know that is this will be in next Feb. ? and which bill that will include this issue ?
Thanks so much for your reply,,
Indio ;
Do you know that is this will be in next Feb. ? and which bill that will include this issue ?
Thanks so much for your reply,,
more...
don840
04-03 06:06 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
manja
06-29 04:17 PM
Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.
more...
go_gc_way
05-18 11:32 AM
Great work guys !!!
webm
10-05 02:07 PM
Folks,
Who receives the AP approval? lawyer or the beneficiary?
Generally Lawyer receives it.Check with your lawyer constantly.
Who receives the AP approval? lawyer or the beneficiary?
Generally Lawyer receives it.Check with your lawyer constantly.
more...
msp1976
03-31 08:55 AM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
gg_ny
08-30 09:49 AM
I was in a similar scenario and this mail based on the advice I got from my
personal Immi lawyer and at-work paralegal filing H1B extension:
when you file H1B (new or extension) and then travel outside, the application becomes void. Period. This is so, even if you have valid stamp on your passport. Particularly for extension, the extension application becomes void and you need to file a new H1B if you have enough time out of six left and cap is not reached; and this should be done from home country.
None of my bussiness, but just a suggestion: if your work requires you to travel in and out of USA, why can't your employers pay for premium processing early 2007 so that you could travel on your current visa stamp until then. That means you would miss your travels for a month or so.
personal Immi lawyer and at-work paralegal filing H1B extension:
when you file H1B (new or extension) and then travel outside, the application becomes void. Period. This is so, even if you have valid stamp on your passport. Particularly for extension, the extension application becomes void and you need to file a new H1B if you have enough time out of six left and cap is not reached; and this should be done from home country.
None of my bussiness, but just a suggestion: if your work requires you to travel in and out of USA, why can't your employers pay for premium processing early 2007 so that you could travel on your current visa stamp until then. That means you would miss your travels for a month or so.
more...
gc_kaavaali
11-14 04:36 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^
who gave me red mark?
somebody gave red mark...what happened???
who gave me red mark?
somebody gave red mark...what happened???
gbof
11-20 09:01 PM
Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
more...
onemorecame
03-26 01:09 PM
I Wish "C" for all category
amsgc
03-31 03:05 PM
Thank you for sharing your experience.
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
more...
jayleno
08-09 10:17 PM
Hi
I have attended a Kaplan center in NY. Call Kaplan and ask them if they have the ability to sponsor an I-20. I know one in Manhattan(56th street) does.
I have attended a Kaplan center in NY. Call Kaplan and ask them if they have the ability to sponsor an I-20. I know one in Manhattan(56th street) does.
coopheal
04-13 12:13 AM
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
more...
kondur_007
07-30 07:32 PM
I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
I am sorry for what happened to you my friend.
This is what I would suggest:
1. Contact your attorney in US and consider options.
2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.
Good Luck.
(PS: Just like it says in above post, you can not apply 485 while outside US)
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
I am sorry for what happened to you my friend.
This is what I would suggest:
1. Contact your attorney in US and consider options.
2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.
Good Luck.
(PS: Just like it says in above post, you can not apply 485 while outside US)
jonty_11
03-02 02:25 PM
Exception 4 - have a question around this statement: For German transit VISA
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
wandmaker
12-11 03:00 AM
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post
No, you will have file I-765 form with USCIS, you can do paper filing or electronic.
No, you will have file I-765 form with USCIS, you can do paper filing or electronic.
styrum
03-14 03:17 PM
You can travel back to India on an expired US VISA also.
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
sagis99
03-18 01:08 PM
Not sure if funny is the right term to use here, but this makes me think about
the cold-war era russia/east germany type of bureaucracy.
amazing.
the cold-war era russia/east germany type of bureaucracy.
amazing.
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