pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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kakatiya
07-23 08:10 PM
my lawyer said for concurrent filings a separate letter from employer is not needed.i am filing with one letter for I 140.
ebizash
06-11 10:23 AM
Sent to IL lawmakers.
Forwarded to a few friends.
Forwarded to a few friends.
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anurakt
01-17 01:52 PM
Well Said Pappu, if you ask for people to ask IV for updates 20 times a day, we will get thousands of contributions ...but when it comes to money to support the cause .....all these don't show the faces. These people call themselves high skilled , they want everything without contributing a cent .... ... ....:mad: :mad:
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boreal
12-28 02:35 PM
I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
shiva7
02-14 12:56 PM
Dear Administrator,
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
more...
sodh
07-23 03:56 PM
I had same conversation with my lawyer, got reply as since I-140 is approved recently so don't have to include. Already I-485 applied without employer letter. Please suggest what other options do I have.
Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.
Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.
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wizkid732
07-29 01:44 PM
you crack me up. You seem to be really pissed off and dont want to listen right now beating around the same point. Take a deep breath, calm down and think about reality.
An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.
Are you suggesting that in their offer letter they should imagine all the possible scenarios.
Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.
I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.
Are you suggesting that in their offer letter they should imagine all the possible scenarios.
Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.
I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
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amsgc
07-04 07:53 PM
Ramba - Excellent post!
The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.
The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.
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jonty_11
06-13 01:37 PM
Can Bush really do it?
Source - www.immigration-law.com
06/12/2007: How Successful Was Bush in Today's Lunch with GOP Leaders in the Hill?
* Senator Sessions reportedly said "Bush Should Back-Off." Additionally, the up-beat statement of the President on the plane to the U.S. from the trip in Europe yesterday and today's speech for the press after the lunch very much speak for itself that he has failed to twist arms of his party leaders to support and move ahead with the dormant compromise CIR bill in the Senate. Report also indicates that the Senate Majority Leader is not ready to change his mind unless Bush assures support from the Respublican Senators and Madam Pelosi, the House Speaker, maintains a position that unless the Senate passes the bill, she would not pick up CIR in the House. The news on Bush's plan to visit the Capitol building today raised hopes high in the CIR support communities and today's news should be certainly a disappointment. Read on.
Source - www.immigration-law.com
06/12/2007: How Successful Was Bush in Today's Lunch with GOP Leaders in the Hill?
* Senator Sessions reportedly said "Bush Should Back-Off." Additionally, the up-beat statement of the President on the plane to the U.S. from the trip in Europe yesterday and today's speech for the press after the lunch very much speak for itself that he has failed to twist arms of his party leaders to support and move ahead with the dormant compromise CIR bill in the Senate. Report also indicates that the Senate Majority Leader is not ready to change his mind unless Bush assures support from the Respublican Senators and Madam Pelosi, the House Speaker, maintains a position that unless the Senate passes the bill, she would not pick up CIR in the House. The news on Bush's plan to visit the Capitol building today raised hopes high in the CIR support communities and today's news should be certainly a disappointment. Read on.
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sparklinks
02-20 03:15 PM
Its really a good NEWS !!
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boreal
12-28 10:28 AM
I have posted it on Craig's list:
http://sfbay.craigslist.org/sby/vol/254456446.html
http://sfbay.craigslist.org/sby/vol/254456446.html
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ajthakur
07-14 06:24 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
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pcs
11-10 09:06 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
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redgreen
08-10 08:38 PM
So according to this interpretation EB1 also will be retrogressed till everybody from previous years gets gc !
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willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
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nobody
03-12 12:08 AM
I voted thirdworldman. I'm kind of a sucker for the curved thing, though the train would have to be broken into soo many segments for it to actually corner a corner like that, we'll just assume it'd work :beam:
I liked the texturing and all the most actually, the walls are cool :thumb:
I liked the texturing and all the most actually, the walls are cool :thumb:
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GCaspirations
10-12 09:21 PM
EB3 - Feb 2004
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
I would like to know if your case has been transferred back to NSC. Also have you received FP notice yet.
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
I would like to know if your case has been transferred back to NSC. Also have you received FP notice yet.
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gc_bulgaria
09-27 10:24 AM
While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
Chanduv23: Right now it is just a proposal and as the article says, many rich European countries are not willing to take in immigrants. Forget about Asian or African immigrants, they are reluctant to let even Romanians and Bulgarians work in their countries (although they are part of EU now). Racism is much higher in many of those countries and I was recently reading an article about getting PD in Switzerland - basically communities vote in favor or against and if you are not "white" it�s very hard to get that vote.
The reason this threads interests me is because I am an Indian national married to a Bulgarian and we live and work in the US. EU is the next option for us if this GC drags on too long. Technically I can work anywhere in the EU including UK but I am not sure if it will be easy enough to find a job � America still has the best opportunities in my field.
OK, I�ll stop rambling now and look forward to more thoughts from IV members.:o
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
Chanduv23: Right now it is just a proposal and as the article says, many rich European countries are not willing to take in immigrants. Forget about Asian or African immigrants, they are reluctant to let even Romanians and Bulgarians work in their countries (although they are part of EU now). Racism is much higher in many of those countries and I was recently reading an article about getting PD in Switzerland - basically communities vote in favor or against and if you are not "white" it�s very hard to get that vote.
The reason this threads interests me is because I am an Indian national married to a Bulgarian and we live and work in the US. EU is the next option for us if this GC drags on too long. Technically I can work anywhere in the EU including UK but I am not sure if it will be easy enough to find a job � America still has the best opportunities in my field.
OK, I�ll stop rambling now and look forward to more thoughts from IV members.:o
SunnySurya
07-28 12:21 PM
No, you won't be banned from IV. You just will be banned from this country.
And by the way, the thing you were trying to do is not protected by "the first amendment"
So I cannot even speak on IV and even little I defended my religion, I will be banned from IV? Freedom Of Speech
And by the way, the thing you were trying to do is not protected by "the first amendment"
So I cannot even speak on IV and even little I defended my religion, I will be banned from IV? Freedom Of Speech
Naveen
04-07 08:12 AM
Well said! I came back first week of Feb 09 and no issues. Just usual jibber-jabber.
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......