vin13
12-08 04:56 PM
Hi!
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?
It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.
When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?
It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.
When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.
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visshy
09-12 11:01 AM
We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
bidhanc
09-22 03:40 PM
Hahha...that was funny.
You think God has the guts and come do battle with USCIS??? :)
Another bizzare behaviour with Renewal of Efile EAD....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
You think God has the guts and come do battle with USCIS??? :)
Another bizzare behaviour with Renewal of Efile EAD....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
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ganguteli
07-23 12:07 PM
Bump
more...
rb_248
10-26 12:39 PM
Able to read English or not should not constitute an offense. Not able to read a road sign and erring on that basis is an offense. All the regulatory and warning road signs have a symbol associated with the text (Octogon for stop 'U' for U-turn, curve ahead.....). Only the advisory signs (exit signs and street signs) have English names and no signs.
Berkeleybee
04-26 07:20 PM
Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
Note that this was written by a "guest" columnist. Go ahead and write to the reporter. Happily this is a small local paper, in a pretty Republican district, any article that throws in allegations about Asians and then terrorists cant be taken seriously.
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
Note that this was written by a "guest" columnist. Go ahead and write to the reporter. Happily this is a small local paper, in a pretty Republican district, any article that throws in allegations about Asians and then terrorists cant be taken seriously.
more...
dwhuser
07-31 11:36 AM
Thanks everyone, we had a wonderful trip and reached safely, no questions asked at POE (newark)
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moclutch
03-06 01:23 AM
Thanks to all the well wishers and a hopes for a speedy completion for all those still on the journey!
more...
pcs
07-17 09:39 AM
IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
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dealsnet
04-06 03:54 PM
I have the denial letter. If you PM your email, I can send to you.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
more...
check_name
07-21 02:02 PM
I got stuck in FBI name check for over 2+ years (24+ months)... run out of
patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!
I live in Maryland, I'd like the attorney to be located in great DC area.
I really appreciate your help
patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!
I live in Maryland, I'd like the attorney to be located in great DC area.
I really appreciate your help
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hope4best
05-26 04:33 PM
My lawyer followed the same route. After getting EB2 I-140 approval, they send a letter to capture the PD from EB3 case and interlink the I-485. The letter was sent out around May 10th, no updates on I485 so far.
more...
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realizeit
08-01 04:01 PM
This movement by Menendez definitely will increse the likelihood of the passage of our bill.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
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webm
07-11 01:42 PM
Count me..PD:EB3-I Oct,2001..AOS still pending...FP,Background check cleared per IO...
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Rajwaitingon140
11-20 06:27 PM
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Sunny is right.
The approval came after 27 days of opening the SR.
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Sunny is right.
The approval came after 27 days of opening the SR.
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rotucan
12-12 06:16 PM
I have also OPT card with a A# and another alien number with 485.. I went to INFOPASS, the IO said that there is no problem.. the one in the OPT is a temporal number.... the new alien from 485 is the permanent:o
more...
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gc28262
07-30 07:07 AM
Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
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chanduv23
02-27 06:45 AM
I have received my GC on January 28th. My company filled the following with USCIS:
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
Interesting question. People generally leave their sponsering employer when they invoke ac21 before they get a GC, which looks fine and when they get the GC they stick to their new employer atleast for 6 months to show that the GC intent was for continuing employment.
It will be interesting to know if you can jump to another employer even after getting GC (something like AC21) showing intent to continuing employment.
This whole 180 day thing seems absolute ie 180 days after applying 485 and 180 days after getting GC.
I have no answer but lets see if someone can answer this. You may also want to post it on the "Free Immigration Advice Conf Call" we have one on March 1st, 2008 and get an answer from the Attorney.
On another note, is it just not possible to wait for few more onths before u make your giant leap?
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
Interesting question. People generally leave their sponsering employer when they invoke ac21 before they get a GC, which looks fine and when they get the GC they stick to their new employer atleast for 6 months to show that the GC intent was for continuing employment.
It will be interesting to know if you can jump to another employer even after getting GC (something like AC21) showing intent to continuing employment.
This whole 180 day thing seems absolute ie 180 days after applying 485 and 180 days after getting GC.
I have no answer but lets see if someone can answer this. You may also want to post it on the "Free Immigration Advice Conf Call" we have one on March 1st, 2008 and get an answer from the Attorney.
On another note, is it just not possible to wait for few more onths before u make your giant leap?
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sureshd
07-01 05:34 PM
Hi All,
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
enqueued
12-18 12:53 PM
amsgc is right on all answers. For #3, you need a copy of I-129 as well
bijualex29
07-19 10:36 AM
I do not think that it applies to new EAD, it only for renewing the EDA card
