andreafejes26
03-31 08:42 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
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abracadabra
06-02 04:46 PM
E-Filing Support <e-filing.support@dhs.gov> send email, you should get it very fast
Redeye
04-16 12:52 PM
Any help from the attorneys on this?
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greyhair
06-21 10:07 AM
Incase anyone in interested, here is the Video of Senator Kyl -
YouTube - Kyl says Obama said no border security for political reasons (http://www.youtube.com/watch?v=IpyrlX52TwA)
YouTube - Kyl says Obama said no border security for political reasons (http://www.youtube.com/watch?v=IpyrlX52TwA)
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coopheal
12-07 08:56 AM
My lawyer mentioned that we have to be in same or similar position at the time filing I-1485 and when its being adjudicated. After filing and before adjudicating we can be in any other position.
Is this correct?
Is this correct?
rtarar
03-24 08:19 AM
I just got approved for my 3 year extension I am on my 7 th year now.
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
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another_wei
05-02 01:07 AM
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
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gsumk
08-25 07:17 PM
@ Meet
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
Do we need to apply H4 to H1 thru the same original company to reinstate the old H1.
Please let me know.
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
Do we need to apply H4 to H1 thru the same original company to reinstate the old H1.
Please let me know.
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Lasantha
09-07 09:08 AM
LOL - That's way too funny !!! :D
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anilsal
12-28 09:37 AM
I think it was the period when the formal retrogression phenomenon started.
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nightowl76
08-27 07:22 PM
I received renewed EAD cards a week ago. I had applied a couple of months ago. I noticed that the renewed EAD card also says 'Fingerprint not available'. My fingerprinting was done in March 08.
Is this expected? Does anyones EAD card have a fingerprint on it?
Is this expected? Does anyones EAD card have a fingerprint on it?
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gc_on_demand
05-19 10:18 AM
bump
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hersheygaile
09-09 11:26 PM
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
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lbk
08-02 07:47 PM
I got I-140 Notice returned as undeliverable.
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
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nat23
06-14 11:17 AM
I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.
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veritas1
10-16 10:36 PM
I'm surprised a new I-140 needed to be filed in the first place. I didn't think a new company needed to refile if its a successor in interest...
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go_guy123
10-08 09:00 PM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
JwbLZYSCCiw
Kaab taak ???? Hazaaron H1B/EB-I shaheed hone ke baad.
JwbLZYSCCiw
Kaab taak ???? Hazaaron H1B/EB-I shaheed hone ke baad.
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hoolahoous
04-07 10:57 PM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
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ssingh92
03-05 11:33 PM
People,
What does this mean? I am not too strong regarding finances, so asking.
http://news.yahoo.com/s/afp/20090305/pl_afp/financeeconomyusbankinggovernment
Does it mean there wont be insurance on our bank deposits if this happens?
I forget the site the FDIC lists the trouble banks that may fail. You bank should not be in the list. Even if it is in the list and your account is FDIC insured and account has less than 100K then you will get money from FDIC if bank fails.
If FDIC fails than we all in the US are in trouble. It will total collapse of the system. I dont think it will ever happen but who knows.
What does this mean? I am not too strong regarding finances, so asking.
http://news.yahoo.com/s/afp/20090305/pl_afp/financeeconomyusbankinggovernment
Does it mean there wont be insurance on our bank deposits if this happens?
I forget the site the FDIC lists the trouble banks that may fail. You bank should not be in the list. Even if it is in the list and your account is FDIC insured and account has less than 100K then you will get money from FDIC if bank fails.
If FDIC fails than we all in the US are in trouble. It will total collapse of the system. I dont think it will ever happen but who knows.
eagerr2i
07-20 05:18 PM
Temp # does not allow her to work. For working, she needs to find an employer that offers her a job and is willing to do a H1B. That way is the only way you can work if you do not have GC or EAD
Click on the Teacher Credentail Program on the Link below
http://www.csupomona.edu/~ceis/academic_prog.htm#tcp
Click on the Teacher Credentail Program on the Link below
http://www.csupomona.edu/~ceis/academic_prog.htm#tcp
brb2
11-03 07:02 AM
Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...