logiclife
12-20 08:31 PM
On a second thought, If I interpret it correctly...
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
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yabadaba
08-15 04:35 PM
Please link it.
read the bulletin!
read the bulletin!
Libra
06-13 10:33 AM
Yaar JohnAmit.........they are making fun of those who are crying about cheap labor and immigration system....they created it for fun.
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
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logiclife
12-20 07:24 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
more...
indio0617
11-20 09:20 AM
Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this position......so there is nothing like missing the opportunity....!!!!
VERY TRUE...
VERY TRUE...
imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
more...
abhijitp
07-23 08:07 PM
Employer is happy to give
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
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oliTwist
01-17 03:06 PM
Sometime back I had read this book Inscrutable Americans by Anurag Mathur (http://www.amazon.com/Inscrutable-Americans-Anurag-Mathur/dp/1577310241) which is kind of hilarious story of someone like us duriing late 90s. I guess now your (many of our story) would worth another book :)!!
more...
paskal
12-27 02:40 PM
if i'm travelling TO India and transiting through paris/london
and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????
and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????
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sukhwinderd
03-18 08:42 AM
please PM vin13
I can donate about 30K Continental miles. Please let me know the procedure.
Thanks,
I can donate about 30K Continental miles. Please let me know the procedure.
Thanks,
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nc14
11-03 04:19 PM
I too got a receipt letter from USCIS about my FOIA request.
Today received letter from USCIS regarding the FOIA.
Today received letter from USCIS regarding the FOIA.
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am4gc
09-26 10:49 AM
Dear Editor and Eilene Zimmerman,
Your statement as following has put the marching on capital hill in wrong context:
"Charnock is one of a groundswell of entrepreneurs and advocates for immigrants who say Congress needs to raise the cap on H-1B visas to help the economy. Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. "
Marching on Capitol Hill mentioned in the article is NOT about increase of H1B but to request congress to fix the legal immigration system through which these H1B high skilled workers who come to USA in a temporary status become permanent. This is called green card process. Currently to become permanently employed in USA takes 6-12 years for these H1B high skilled workers. This makes their life status probationary as they have to go through various governmental procedures to maintain their status, travel abroad.
Green card process has proved that no US worker is available for the job these high skilled workers do. After proving this, it may take 6-12 years to become permanent worker because per year per country quota. About 50-60% of these workers come from India, China because these two countries possess 40% of world population. So naturally lot of talented people will come from there. Now if we make a quota saying only 14 % will come from these two countries, naturally there will be delay for the worker from these two countries. We demand these per country quota be removed from these high skilled workers’s green card process.
Per year quota of Green card is generally less than the number of high skilled worker apply for green card. Last 3-4 years this quota is not fully utilized because of slowness in process due 9/11 incident. So there are about 60,000 unused visas which were supposed to be available from the quota to these workers. According to law, this unused visa cannot be available. This also increases the wait time.
When these high skilled workers comes to USA under H1B program, their spouse and children are NOT counted for the quota, but when they apply green card, their spouse and children are counted for the quota, resulting huge queue.
Thanks,
XXX
Your statement as following has put the marching on capital hill in wrong context:
"Charnock is one of a groundswell of entrepreneurs and advocates for immigrants who say Congress needs to raise the cap on H-1B visas to help the economy. Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. "
Marching on Capitol Hill mentioned in the article is NOT about increase of H1B but to request congress to fix the legal immigration system through which these H1B high skilled workers who come to USA in a temporary status become permanent. This is called green card process. Currently to become permanently employed in USA takes 6-12 years for these H1B high skilled workers. This makes their life status probationary as they have to go through various governmental procedures to maintain their status, travel abroad.
Green card process has proved that no US worker is available for the job these high skilled workers do. After proving this, it may take 6-12 years to become permanent worker because per year per country quota. About 50-60% of these workers come from India, China because these two countries possess 40% of world population. So naturally lot of talented people will come from there. Now if we make a quota saying only 14 % will come from these two countries, naturally there will be delay for the worker from these two countries. We demand these per country quota be removed from these high skilled workers’s green card process.
Per year quota of Green card is generally less than the number of high skilled worker apply for green card. Last 3-4 years this quota is not fully utilized because of slowness in process due 9/11 incident. So there are about 60,000 unused visas which were supposed to be available from the quota to these workers. According to law, this unused visa cannot be available. This also increases the wait time.
When these high skilled workers comes to USA under H1B program, their spouse and children are NOT counted for the quota, but when they apply green card, their spouse and children are counted for the quota, resulting huge queue.
Thanks,
XXX
more...
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Green_Always
08-08 09:39 AM
Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.
Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.
Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.
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NKR
02-20 03:17 PM
Thanks Googler. This wait for GC has made me forget the definition of patience :)
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BlueSunD
03-11 12:23 AM
I�m really sorry. I uploaded the wrong image, now fixed. Tahnks for the remark soulty.
Guess I better catch some sleep....:tired:
Guess I better catch some sleep....:tired:
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rayen
04-01 06:18 PM
Does anyone have the format of the employment letter? My attorney didn't request one even when I emailed him few time.
Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?
Thank you.
USCIS � Texas Service Center
Attention: I-485 Unit
Mesquite, TX 75185-1488
Dear Sir/Madam
This letter is to confirm our intent to continue employing Mr. XXX on a full-time basis of 40 hours per week as an Oracle Systems Analyst with a wage of $XX.XX per hour upon obtaining his U.S.Permanent Residence. All of the terms and conditions of the employment-based labor certification continue to exist.
As an XXXXXX, his duties entail:
Job description( Detail)
Sincerely,
Name and Title of Signer
Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?
Thank you.
USCIS � Texas Service Center
Attention: I-485 Unit
Mesquite, TX 75185-1488
Dear Sir/Madam
This letter is to confirm our intent to continue employing Mr. XXX on a full-time basis of 40 hours per week as an Oracle Systems Analyst with a wage of $XX.XX per hour upon obtaining his U.S.Permanent Residence. All of the terms and conditions of the employment-based labor certification continue to exist.
As an XXXXXX, his duties entail:
Job description( Detail)
Sincerely,
Name and Title of Signer
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ramus
07-05 02:02 PM
Can we please stop this discussion and follow some action items...
Lets stop this now...
Thanks...
Lets stop this now...
Thanks...
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kedrex
07-18 08:03 PM
bump
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gcnirvana
08-03 02:55 PM
abhijitp,
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
alex99
10-29 07:47 AM
^^^^^^^^^^
eilsoe
02-27 07:47 AM
Sorry if it looks kind of blurry, but it�s just a preview render :) I would love to see how every body else is doing........... well, great I guess, but I�m just so curious! :D
sure...
http://www.avalon-rev.dk/junk/station1.jpg
still just a WIP :)
sure...
http://www.avalon-rev.dk/junk/station1.jpg
still just a WIP :)
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