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meridiani.planum

12-19 12:45 AM

There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.

seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.

2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.

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arihant

02-15 05:32 PM

http://www.foreignlaborcert.doleta.gov/

I found this on the DOL's website above.

Foreign Labor Certification
Backlog will be eliminated 9/30/2007
There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.

I read through the text below it briefly and did not find any more interesting info.

Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.

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reddymjm

08-19 01:18 PM

As there might be people who will be adding spoues or filing new 485 applications. This will help.

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greencard_fever

08-31 01:03 PM

Hi Guys,

I am a July - 2007 filer and we got the FP request in July for me and my Spouse, I have not applied for any EAD or AP extensions recentlly, for a side note i have to travel out side US in July and my attorney requested for FP reschedule (which was actually scheduled in last week July) for atleast 6 to 8 weeks, but USCIS sent me the request with in a week with an FP date just 3 weeks apart from the original one..so i had to rush my things and had to come back to US to get the FP done..

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shortchanged

08-01 06:09 PM

Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best

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Eberth

10-13 04:28 PM

:(

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Dakshini R. Sen

06-26 11:17 AM

Thank You Ms. Sen.

Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?

Thanx in advance

There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.

So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.


Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677

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chanduv23

12-08 11:32 PM

Come on fellow IVans

Just CONTRIBUTE CONTRIBUTE CONTRIBUTE

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saketkapur

07-06 02:46 PM

Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.

I am now with a different employer and using my EAD since May this year.

Hope this helps......

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rockstart

04-23 04:17 PM

Thanks for the response guys. I think it is better to change address because address forwarding does not work with USCIS letters. I have seen the trouble my friend had to go through to get his GC.

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irrational

04-01 03:18 PM

Folks,
I checked my status online today (4/1/2008) and this is what it says:

"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."

I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.

My Situation:

PD - Feb-2005
Labor - Approved
I-140 - Approved

I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.

I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?

So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?

I am thinking that it might be the FP appointment but I am not sure.


-Bipin

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immi_enthu

08-10 05:03 PM

Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

My PD was dec 2005. eb3. India.

Thought i would share with you all.:)

but all this mustang can do is f*rt . Did you guys notice the 'oo00 ' in the ID :D

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continuedProgress

06-29 02:24 PM

Thanks logiclife for showing an option when I had given up!.
I have an approved 140 and I can get a letter mentioning future employment from my previous employer. I understand that I cannot apply for EAD since I will not be working for them, however, what additional steps do I need to take to invoke 'AC21 portability'?. Since I am assuming my 485 will take more than 180 days.
Thanks!
A

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ravi98

08-30 08:34 AM

Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

So close....yet not there... True, it is frustrating to not cross the finish line, at least you can see the finish line unlike many in EB3 I - who don't even know the # of laps they have to run!!
Hang in there.......you will get it!

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tampacoolie

06-30 05:30 PM

:eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.

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smads

03-07 10:42 AM

sorry guyz have still been trying to find out what needs to be done....

sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....

watzgc,
I renewed my PP on time but never did anything about my I-94.

I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]

2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]

now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.

I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.

thanks for being so prompt and sorry for not replying sooner,
smads

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Steve555

01-31 08:38 PM

Hi,

Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


Many Thanks,
Steve

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mmanurker

10-17 03:36 PM

Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)

also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings

Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.

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bigboy007

07-18 01:14 AM

They might return urs , simple.

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franklin

12-12 11:49 PM

It depends on the terms of the contract.

I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

At Will means that either side (employer or employee) can end a contract at any point, AFAIK

Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

Just my opinion, not legal advice:o

Quick search online got this:-

At Will

In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

Employee Handbooks

While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act

In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

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casinoroyale

09-05 10:11 PM

Yeah, call customer service and ask them to send new copies with correct picture.

Now the funny part is, who is going to get your picture on their AP. :D

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