ingegarcia
04-17 09:08 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
kumar1
07-20 11:20 AM
Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.
JSimmivoice
01-22 08:27 PM
Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?
more...
ashkam
04-01 03:24 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
kate123
03-07 01:49 PM
Hi Smuggymba, very sorry to see you in such a situation...
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
more...
satya1234
03-29 02:21 PM
Thanks for the Reply.I did send.
wandmaker
10-23 01:05 PM
Hi,
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
more...
go_guy123
09-10 03:36 PM
If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show
Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.
Doctors, Lawyers etc fall into Job Zone 5 (EB2)
Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.
Doctors, Lawyers etc fall into Job Zone 5 (EB2)
sunny1000
06-26 12:05 AM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
more...
fromnaija
02-02 05:15 PM
Even if you could, that labor certification already expired!
shankar_thanu
08-03 11:11 PM
How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?
According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.
When i went with infopass for some other issue back in feb I was able to get the status without issues.
According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.
When i went with infopass for some other issue back in feb I was able to get the status without issues.
more...
Anders �stberg
June 4th, 2004, 02:24 PM
:D :D
That's funny!
And, I don't mind at all. :)
That's funny!
And, I don't mind at all. :)
sioux
12-24 10:33 AM
How long is the AP approval taking these days?
more...
needhelp!
04-10 05:27 PM
Please continue to post bugs and suggestions.
forgerator
11-11 11:49 AM
Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?
Thank you
Project_A
It should be greater than 50% different if you wish to use the previous position's experience.
Here is how it happened in my case
Company 1 - 2yrs exp
Company 2 position 1 - 3 yrs exp
Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).
Thank you
Project_A
It should be greater than 50% different if you wish to use the previous position's experience.
Here is how it happened in my case
Company 1 - 2yrs exp
Company 2 position 1 - 3 yrs exp
Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).
more...
hsm2007
09-21 07:42 AM
Does it matter if it is Junior attorney or senior attorney in Murthy firm. I am not getting any appointments with senior until Friday.
First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
lacrossegc
09-06 05:34 PM
bkarnik , I agree ...but ABC USA and ABC Canada are two totally seperate companies for immigration/H1/GC purposes.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
randomdude
12-07 12:34 PM
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
Thanks again for your reply KaiserSose
FYI, I sent my app to NSC and got a receipt from them. Then it got transferred to TSC which sent me a notice after 2 months. I do have the correct date on my receipt from NSC though and will wait for 180 days to finish based on this receipt date. I hope that eliminates all the risk, right?
As far as I140 goes, its already approved. :)
I am guessing there are no issues with me moving to AC21, correct?
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
Thanks again for your reply KaiserSose
FYI, I sent my app to NSC and got a receipt from them. Then it got transferred to TSC which sent me a notice after 2 months. I do have the correct date on my receipt from NSC though and will wait for 180 days to finish based on this receipt date. I hope that eliminates all the risk, right?
As far as I140 goes, its already approved. :)
I am guessing there are no issues with me moving to AC21, correct?
sanz
12-21 05:22 PM
Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we�ve named as InformationWeek�s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government�s $76 billion IT budget dwarfs those of any other organization. However, Kundra�s two big biggest differences are that first, his job isn�t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn�t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it�s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration�s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
�His goal has never been innovation merely for innovations� sake, but innovation to get results in service to the public,� Virginia governor Tim Kaine said in an e-mail that didn�t make it into our story. �Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.�
One story, which also didn�t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM
Federal CIO Vivek Kundra's job is different from others whom we�ve named as InformationWeek�s Chief of the Year in the past in a few big ways that make it especially challenging.
The 2009 chief of the year (read our story here) is certainly younger, and the federal government�s $76 billion IT budget dwarfs those of any other organization. However, Kundra�s two big biggest differences are that first, his job isn�t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.
Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn�t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.
Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it�s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration�s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.
�His goal has never been innovation merely for innovations� sake, but innovation to get results in service to the public,� Virginia governor Tim Kaine said in an e-mail that didn�t make it into our story. �Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.�
One story, which also didn�t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.
Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.
The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.
Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.
"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.
Rb_newsletter
01-07 08:36 PM
I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?
ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)
Delayed birth certificates are also not considered as conclusive evidence of birth.
ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)
Delayed birth certificates are also not considered as conclusive evidence of birth.
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