greencard_fever
08-19 05:49 PM
Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
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reddymjm
05-05 06:00 PM
I am sorry...I know this is irrelevent question here. I want to start new thread. How to start. I am not able find it. :(
Please help and don't give reds.
On home page clikc on forums. Then select a topic. You should see new thread there.
Please help and don't give reds.
On home page clikc on forums. Then select a topic. You should see new thread there.
sac-r-ten
04-23 10:53 PM
your case is different than others on this thread. while other have expiring passport yours is a mistake by USCIS.
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
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chantu
02-11 09:12 AM
Is this firm based in NJ near Jersey City?
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
more...
sgupta33
09-20 09:21 AM
The rally and some of IV's requests was mentioned on NPR this morning by their econmic correspondent. The piece did a good job of differentiating between legal high skilled and illegal immigrants and also in highlighting some of our concerns and requests for legal remedy.
coolpal
02-03 03:54 PM
I really hate to feed the troll...
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
more...
smartboy75
10-01 06:35 PM
If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
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mgakhar
02-11 05:34 PM
Hi,
I had filed for my wife's and my I-485 in July and have since received our EAD's and AP's (I believe in Sept). However, we've still not received our Fingerprinting notice. I had opened a Service Request with USCIS and they responded that its possible that they are probably busy and I should be getting a notice soon. But I just want to check if there are anybody else out there who filed in July and are still waiting for their FP notices.
Please note that I live in Dallas,TX and my case is with TSC.
Thanks,
I had filed for my wife's and my I-485 in July and have since received our EAD's and AP's (I believe in Sept). However, we've still not received our Fingerprinting notice. I had opened a Service Request with USCIS and they responded that its possible that they are probably busy and I should be getting a notice soon. But I just want to check if there are anybody else out there who filed in July and are still waiting for their FP notices.
Please note that I live in Dallas,TX and my case is with TSC.
Thanks,
more...
Munna Bhai
01-18 12:51 PM
INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
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saimrathi
07-12 08:35 AM
Sent a letter to Arnie telling him about the rally on 7/14.. Fingers crossed... :)
more...
txh1b
04-16 06:32 PM
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
If your PD is current and a visa number available, they should be approving the petition soon after.
If your PD is current and a visa number available, they should be approving the petition soon after.
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indiandude
10-19 04:22 PM
Hi,
Can anyone share experience applied for PIO at CGI Houston ? I am planning to apply for PIO for my son. Can you please suggest what are the documents needed ?
Thanks !
Can anyone share experience applied for PIO at CGI Houston ? I am planning to apply for PIO for my son. Can you please suggest what are the documents needed ?
Thanks !
more...
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lazycis
01-15 12:16 PM
Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.
Here is the link to access the regulation in question
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve
Look at page 132.
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.
Here is the link to access the regulation in question
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve
Look at page 132.
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eilsoe
10-22 04:48 PM
Ooohh... maybe I should try the game once more :)
Oh wait... I can't... :*(
Oh wait... I can't... :*(
more...
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weasley
01-06 04:37 PM
Don't worry about the Red. People are anxious and may be frustrated. I have seen most of your posts. You are polite and friendly and so I gave you green for your post. Also, I wish you get a chance to file your I485 this year.
I don't know why I received reds for my post, anyways I respect the opinion of members,
I don't know why I received reds for my post, anyways I respect the opinion of members,
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abhishek101
05-28 07:28 PM
It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?
If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,
there is only one exception
If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.
If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,
there is only one exception
If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.
more...
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pappu
01-29 12:51 AM
Could someone here take the responsibility to organize the first confrence call for all TX members? pls get together on a conf call and discuss action items.
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hoolahoous
10-11 11:50 AM
hi ,
Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong.
anyone can sue anyone for whatever reason. However that doesn't mean they will win. Also your case seems slam dunk for you in case they decide to peruse legal options. You did NOT sign any contract with them so there is NO breach of contract. Also you can tell them that you are going to report to Prime vendor that they knowingly misrepresented you (said they employed you whereas they did not). That will make sure that Prime vendor terminates all relations with middle vendor or does not give further business to them. Max middle vendor can do is sue your employer (most probably they signed a contract which your company is breaking) but that is not your problem. Don't be afraid.
Disclaimer: I am not a lawyer. Do not take this as legal advice.
Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong.
anyone can sue anyone for whatever reason. However that doesn't mean they will win. Also your case seems slam dunk for you in case they decide to peruse legal options. You did NOT sign any contract with them so there is NO breach of contract. Also you can tell them that you are going to report to Prime vendor that they knowingly misrepresented you (said they employed you whereas they did not). That will make sure that Prime vendor terminates all relations with middle vendor or does not give further business to them. Max middle vendor can do is sue your employer (most probably they signed a contract which your company is breaking) but that is not your problem. Don't be afraid.
Disclaimer: I am not a lawyer. Do not take this as legal advice.
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skothuru
06-21 12:03 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
rajmehrotra
10-16 01:57 PM
B-1 is a visitor's visa with no immigration intent. H1-B is dual intent. This needs to be figured out on a case-ta-case basis by an experienced attorney.
like_watching_paint_dry
03-15 01:13 PM
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.