aranya
03-09 03:07 PM
Hi,
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
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looneytunezez
09-16 03:01 PM
I knew it was gonna happen, first it was horses, now its health....:(
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
Student with no hopes
01-24 09:40 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
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jjava100
01-28 11:56 AM
Congrats!!
more...
masterji
10-17 10:06 PM
Can you enter in AP and continue as H1B?
guru76
01-08 04:24 PM
My father had the same problem. On 30th he had his interview and the VO said he will get his passport back in 5 days. Well he did not get it back till yesterday. Today the status has changed on VFS website saying it has been sent by courier. Just wait a little bit longer and I am sure you will get it too. PRobably because of the holiday season they took more time than usual.
more...
sdudeja
01-30 10:14 AM
It is "document production or oath ceremony.
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humdesi
12-21 08:30 PM
If you were born in India, EB-2 or EB-3 doesn't matter.
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
more...
return_to_india
03-05 09:53 PM
Transfer money to State Bank of India .
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anyway
01-25 06:36 PM
You can add a MouseLeftButtonDown event to pretty much any element! Just select and use the Events tab to set your event handler name: http://www.kirupa.com/net/creating_simple_wpf_gui_app_pg5.htm
Both Blend and VS will auto-generate the event handler where you can insert some code :)
Thanks. I actually figured it out, sort of.
So what I did was drag and drop the icon into my project then turned the icon into a control using the 'Make into control' option (right click option); selected Button from the list and left everthing else as is. From here, I selected button from the tab (says [Button]) under the project name. example: mainpage.xmal).
So basic what this does is overlay the icon image with an actual button control.
Moving on.
I then selected the button (icon image) in my project and in the properties panel (on the right) under 'Common Properties' removed the word "button" from the 'Content' label.
Switched to event view (it's the rectangle with the lighting bolt -- top right) and in the box next to 'Click' gave it a meaningful name, i.e. query_Click or query or something. I think after this the MainPage.xaml.cs should open.
Both Blend and VS will auto-generate the event handler where you can insert some code :)
Thanks. I actually figured it out, sort of.
So what I did was drag and drop the icon into my project then turned the icon into a control using the 'Make into control' option (right click option); selected Button from the list and left everthing else as is. From here, I selected button from the tab (says [Button]) under the project name. example: mainpage.xmal).
So basic what this does is overlay the icon image with an actual button control.
Moving on.
I then selected the button (icon image) in my project and in the properties panel (on the right) under 'Common Properties' removed the word "button" from the 'Content' label.
Switched to event view (it's the rectangle with the lighting bolt -- top right) and in the box next to 'Click' gave it a meaningful name, i.e. query_Click or query or something. I think after this the MainPage.xaml.cs should open.
more...
Alabaman
03-26 07:36 PM
Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.
...proves to who?? Would we be just making ourselves happy??
...proves to who?? Would we be just making ourselves happy??
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chandrajp
06-14 11:12 PM
Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?
EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice
EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice
more...
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coolmanasip
06-18 09:54 PM
Bachelors+5yrs is also fine for EB2----- As per my lawyer at the time of my filing....EB2 requires either MS or BS+yrs.....
I agree with the earlier post....look at how it was advertized.....in my case, we did only MS since I had MS and did not have 5 yrs then...so the advertisement said only MS as requirement....
If your advertisement does not require MS, then this should be solved by a simple letter explaining the same......If by mistake it says only MS then the RFE is right in asking for MS certificate....however if the advertisement said either MS or BS+5 yrs ...you are covered......
Another important question is did you have 5 yrs when your labor was filed...becos that justifies ur EB2.....
Thanks....
I agree with the earlier post....look at how it was advertized.....in my case, we did only MS since I had MS and did not have 5 yrs then...so the advertisement said only MS as requirement....
If your advertisement does not require MS, then this should be solved by a simple letter explaining the same......If by mistake it says only MS then the RFE is right in asking for MS certificate....however if the advertisement said either MS or BS+5 yrs ...you are covered......
Another important question is did you have 5 yrs when your labor was filed...becos that justifies ur EB2.....
Thanks....
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gc4me
05-31 08:18 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
more...
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chanduv23
10-13 07:37 AM
Jaime - my friend - I am in for another rally. What worries me is that, there is still a lack of motivation from the immigrant community. We need atleast 50,000 skilled workers rallying in DC.
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bank_king2003
03-12 12:35 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
more...
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maheshf
02-20 11:07 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
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kothuri
06-10 10:53 AM
I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
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IVfan08
04-21 06:42 PM
I filed in Jan 09 and got approved in March 09.
abingc
08-16 03:22 PM
Hi,
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
lazycis
01-09 08:45 AM
Hi Guys
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.
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