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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happy2006
05-20 07:45 PM
HI
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
mpadapa
09-25 09:52 AM
I can see the renewed energy from tri-state folks on the forums, It will be great to talk to U folks.. Tri-state is kicking into another gear don't miss out..
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cooolvick
11-30 10:00 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
more...
stefanusc
03-13 01:21 PM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
kirupa
07-18 05:45 AM
Added!
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gc_wannabe
04-25 03:00 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. 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.
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gbof
08-26 10:56 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21. Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.
There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer
Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.
There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer
Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...
more...
sts_seeker
06-14 06:41 PM
Does the first I-140 denial has any impact on the second I-140 I am filing?IF so how is that???
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lost_in_migration
06-22 09:38 PM
<today�s date>
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
Re: Permanent Residence of <your name>
Dear Sir or Madam:
This letter is to confirm that <your name> will be employed with us on full time, permanent basis upon receiving approval of his permanent residence application. He will receive an annual salary of no less than <annual salary>. His job title will be <job title>, and he will be performing the following duties:
Develop full life-cycle object oriented software, including analysis, design of application's specifications, documentation of software user requirements, development of programming using C++ and/or Java languages, Windows NT, design of graphical user interfaces and Object-Oriented Databases(OODBMS) using OMT Methodology, testing and implementation.
Please feel free to contact us if your office should require any further information.
Sincerely,
<signature, name and designation of authorized person>
<company name>
Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.
Appreciate your help.
Thanks
INeedAllGreen
US Department of Homeland Security
United States Citizenship and Immigration Service
<your USCIS Service Center address>
Re: Permanent Residence of <your name>
Dear Sir or Madam:
This letter is to confirm that <your name> will be employed with us on full time, permanent basis upon receiving approval of his permanent residence application. He will receive an annual salary of no less than <annual salary>. His job title will be <job title>, and he will be performing the following duties:
Develop full life-cycle object oriented software, including analysis, design of application's specifications, documentation of software user requirements, development of programming using C++ and/or Java languages, Windows NT, design of graphical user interfaces and Object-Oriented Databases(OODBMS) using OMT Methodology, testing and implementation.
Please feel free to contact us if your office should require any further information.
Sincerely,
<signature, name and designation of authorized person>
<company name>
Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.
Appreciate your help.
Thanks
INeedAllGreen
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bkarnik
03-16 02:48 PM
Abqguy:
I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.
Thank you for your help. Keep us posted.
Bkarnik
I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.
Thank you for your help. Keep us posted.
Bkarnik
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ski_dude12
09-14 11:18 AM
My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
more...
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GCHPLC
10-19 12:45 PM
Initially we applied for Labor in July 2001. Waited for 3.5 years to get approval. USCIS processed applications recieved in April 2001 for more than three years!! In January 2005 we finally got our Labor certification. In April 2005 we applied for I-140 and I-485 at the same time. I-140 was approved on July 2005. I-485 still pending due to the name check not complieted for primary applicant.
The same question over and over again, for how long will we wait more?
The same question over and over again, for how long will we wait more?
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JobSeekerInUSonL2withEAD
12-14 06:31 PM
In my job search (banking and finance jobs) there is this one question i come across on each and every job application-
"Do you now or will you in the future require sponsorship to legally work in the united states?"
and options to tick on the form are 'yes' or 'no' with no space for explanation.
So i mark 'yes' and i guess thats where my job applications get stuck.
Should I answer yes or no, since i am on L2 (visa valid for next 2 years) and currently have 2 years Employment Authorisation (EAD) where i can work for any employer in the United States ?
I understand that companies ask this question because some of them are not allowed/ do not have a policy to sponsor visas.
I want to know whether i am legally required to say 'yes' because i am on L2 ( since after 2 years, my visa renewal depends on whether or not my spouse's L1 is renewed)
OR
Do I still have a choice to say 'no' since my visa renewal gets done if my husband's gets done or i manage it on my own through a consultant... and the company i will join in both cases does not have to sponsor or pay for my visa either now or in the future.
I do not want to misrepresent any information and get thrown out of the organisation after i join, nor do I want to lose out on opportunities because of answering this question wrongly.
Let me know please, it'll help a lot.
"Do you now or will you in the future require sponsorship to legally work in the united states?"
and options to tick on the form are 'yes' or 'no' with no space for explanation.
So i mark 'yes' and i guess thats where my job applications get stuck.
Should I answer yes or no, since i am on L2 (visa valid for next 2 years) and currently have 2 years Employment Authorisation (EAD) where i can work for any employer in the United States ?
I understand that companies ask this question because some of them are not allowed/ do not have a policy to sponsor visas.
I want to know whether i am legally required to say 'yes' because i am on L2 ( since after 2 years, my visa renewal depends on whether or not my spouse's L1 is renewed)
OR
Do I still have a choice to say 'no' since my visa renewal gets done if my husband's gets done or i manage it on my own through a consultant... and the company i will join in both cases does not have to sponsor or pay for my visa either now or in the future.
I do not want to misrepresent any information and get thrown out of the organisation after i join, nor do I want to lose out on opportunities because of answering this question wrongly.
Let me know please, it'll help a lot.
more...
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up_guy
04-09 11:36 AM
Is it legal for an employee to pay PERM , USCIS and attorney fees for a green card processing ?
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like_watching_paint_dry
01-17 01:38 AM
Does anyone know if claiming unemployment benefits after layoff have any possible impact on a future citizenship application?
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gc_on_demand
12-30 10:06 AM
I would be going for my H1B renewal stamping, would appreciate if someone responds to this question.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
dbevis
January 20th, 2004, 03:23 PM
Let's hope that it means the next offering from Canon comes in at about that same price point (about USD$2000). Maybe they (Kodak) know something?
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
roseball
10-18 12:34 PM
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.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
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?
You will get a 3 yr H1 extension
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?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
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?
You will get a 3 yr H1 extension
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?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
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