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Raj Iyer
09-22 04:55 PM
Hi:
Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.
Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.
Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.
Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.
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solaris27
03-12 08:51 PM
its a good idea
whiteStallion
06-18 06:28 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
...
Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...
I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...
Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.
Most things in Business run on 'the word', and a non-compete is one of them.
...
Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...
I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...
Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.
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kumar_77
08-01 11:16 AM
Hello Core Members ,
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
more...
Suva
07-18 03:58 PM
Can I join new company on my EAD after 180 days of I485 receipt date?? Yes you can join new company using your EAD after 180 days.
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
gaz
11-18 01:36 PM
background -
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
more...
Canadianindian
07-22 05:33 PM
You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.
Did you come across such option.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.
Did you come across such option.
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sin94
11-11 06:34 PM
Today my I140 case was updated online (I still have not received the RFE for the mulitple calls made or letters dispatched to the USCIS)
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On November 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
I rechecked all offices address(old and new) no at the locations have received any news
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On November 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
I rechecked all offices address(old and new) no at the locations have received any news
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logiclife
07-21 02:57 PM
The name of the lawyer we have talked to before is Joe Hohenstein.
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
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techbuyer77
06-12 05:55 PM
Hi all,
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
more...
tabletpc
09-02 04:45 PM
I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
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nogc_noproblem
07-11 01:36 PM
Nope, just being 'current' doesn't mean everybody will get their GC.
PD movement temporary, Retro permanent.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
PD movement temporary, Retro permanent.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
more...
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immilaw
12-16 04:02 PM
USCIS refuses to give this data to anybody. They are not willing to give any break up.
Can't you get this information unde FOIA (Freedom of Information Act)?
Can't you get this information unde FOIA (Freedom of Information Act)?
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shree09
08-08 06:14 PM
Thanks to everyone who replied.
I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.
Do you have any suggestions for the canadian places. I heard Vancouver is popular.
Is one place better than another one..
Any info will be really helpful
I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.
Do you have any suggestions for the canadian places. I heard Vancouver is popular.
Is one place better than another one..
Any info will be really helpful
more...
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Refugee_New
06-12 06:30 PM
Try taking help from local senator office or even one of lead political figure(example first lady). A request from them makes things move faster.
Thanks for your response. Do you have any idea how to proceed further?
Thanks for your response. Do you have any idea how to proceed further?
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kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
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amsgc
03-11 09:33 PM
I have an NRE account and I get a 1099-INT every year from my bank for that account. It clearly states that the interest has been reported to the IRS and therefore must be shown on the 1040.
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
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sri1309
04-11 10:43 PM
Gator,
I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
Sri.
I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
Sri.
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visshy
09-12 09:06 AM
My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
ragz4u
02-03 12:40 PM
You should try and get an appointment with his staff. I am also from PA and am willing to come with you to their office if he gives an appointment.
Did anyone else get any emails from their senators/congressmen?
Did anyone else get any emails from their senators/congressmen?
dingudi
03-05 01:45 PM
I found this link and it is mentioned that there are two type of appointment. I got the second type.
http://www.immigrationlinks.com/news/news418.htm
I was wondering if the ASC asks to reschedule instead of doing a walk-in again , as my search tells me that Boston ASC most likely will ask to reschedule. Can we just go to another nearest ASC (Rhode Island) or Manchester, NH which allows walk-in after the finger heals instead of waiting for the rescheduled appointment notice to be received from the original ASC. My wife has made plans to go visit her parents in next 2 weeks and we did not anticipate that such a thing would happen.
http://www.immigrationlinks.com/news/news418.htm
I was wondering if the ASC asks to reschedule instead of doing a walk-in again , as my search tells me that Boston ASC most likely will ask to reschedule. Can we just go to another nearest ASC (Rhode Island) or Manchester, NH which allows walk-in after the finger heals instead of waiting for the rescheduled appointment notice to be received from the original ASC. My wife has made plans to go visit her parents in next 2 weeks and we did not anticipate that such a thing would happen.
