aranya
03-09 03:07 PM
Hi,
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
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gc0402
07-17 09:00 AM
Forgot/didn't know about A# mentioned on my I-140 approval and did not mention it on I-485 application/EAD/AP. will it be an issue??
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
nish2006
04-27 02:19 PM
Hi Raj,
Thanks for your advice, it definitely helps.
I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.
My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.
My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.
I hope your own issues have all been solved by now.
All the best
NK
Thanks for your advice, it definitely helps.
I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.
My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.
My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.
I hope your own issues have all been solved by now.
All the best
NK
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kbsyed61
04-07 05:35 PM
Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
more...
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smuggymba
05-11 04:34 PM
OP is busy, International Manager got a call from her TCS Manager.
Please don't insult OP by calling her Intl Manager - they are called "Global Program Manager" and "Executive Engagement Manager". These companies are coming up with new fancy names for these PM's with 70K salary, 6 yrs of experience and 10 college freshers reporting to them.
Please don't insult OP by calling her Intl Manager - they are called "Global Program Manager" and "Executive Engagement Manager". These companies are coming up with new fancy names for these PM's with 70K salary, 6 yrs of experience and 10 college freshers reporting to them.
sameer2730
01-25 07:25 PM
sameer2730:
I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.
Thanks.
In that case I apologize. But of late there has been a spate of such suspicious activity. Look at the number of new threads opened about people being sent back by accounts with only 1 post. Looks at the pointless argument going over between messers snram4 and u.misc. Check their history and make up your own mind. I cannot imagine someone with any semblance of maturity could engage in just hideously low level argument. So obviously there is an agenda at work. To each is own . But please, its funny only if your audience finds it funny and there is nothing funny about the Feb visa bulletin no matter which part of the world you are from.
I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.
Thanks.
In that case I apologize. But of late there has been a spate of such suspicious activity. Look at the number of new threads opened about people being sent back by accounts with only 1 post. Looks at the pointless argument going over between messers snram4 and u.misc. Check their history and make up your own mind. I cannot imagine someone with any semblance of maturity could engage in just hideously low level argument. So obviously there is an agenda at work. To each is own . But please, its funny only if your audience finds it funny and there is nothing funny about the Feb visa bulletin no matter which part of the world you are from.
more...
h1bdude1
03-23 09:19 AM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
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jliechty
September 5th, 2006, 02:55 PM
And what is HDR?
High Dynamic Range (imaging) involves creating multiple photos of the same [static] subject at different exposure values (essentially, bracketing). Then you either blend them with layers and masks manually in Photoshop, or use the Merge to HDR function, which works better some times than others (usually not at all for me).
High Dynamic Range (imaging) involves creating multiple photos of the same [static] subject at different exposure values (essentially, bracketing). Then you either blend them with layers and masks manually in Photoshop, or use the Merge to HDR function, which works better some times than others (usually not at all for me).
more...
chnaveen
03-22 09:22 PM
My deepest condolenses and sympathies to thier families. May their souls rest in peace.
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smartboy75
10-17 04:06 PM
Let me add one more wrinkle:
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Please research the forumn for answer to your question...has been discussed a lot of times before...
To answer in short...You will loose your right to use EAD if your I40 is still pending and your employer decides to revoke it...
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Please research the forumn for answer to your question...has been discussed a lot of times before...
To answer in short...You will loose your right to use EAD if your I40 is still pending and your employer decides to revoke it...
more...
whiteStallion
03-03 05:48 PM
There should not be more than 1 pay period delay after you leave your job to get your settlement cheque. This has nothing to do with him not getting paid from the client etc. According to H1B law, you(employee) need to get paid every month(by the employer), period. Client does not comes in the picture.
You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.
Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm
Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)
You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.
Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm
Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)
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chanduy9
07-05 01:03 PM
I am sure they would do that ...
We are not going there personally...and we are not packing..we are using vendor company to do it. We are not sending bombs or any other stuff which is illegal and crime.
Common guys think....
just my idea.
We are not going there personally...and we are not packing..we are using vendor company to do it. We are not sending bombs or any other stuff which is illegal and crime.
Common guys think....
just my idea.
more...
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kaisersose
04-16 09:25 AM
EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.
Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.
Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.
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reverendflash
10-21 03:46 AM
Yeah, if I had anything but a 9pin dot matrix printer I could have made the heart red (lol - it took me a heck of a long time to make it even semi-resemble a heart) :P
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
more...
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hebbar77
09-16 01:22 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
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Gravitation
12-30 07:27 AM
I wanted to get some idea on why EB2 got stuck around Jan 03 when it flew past Apr 01 deadline.
EB2 was completely unaffected by 245(i) and had no reason to be stuck on Apr 01.
EB2 being stuck around Jan 03 etc... could actually be a good news for EB3. Why? It means that the number of people who abandoned their EB3 PDs to escape retrogression and filed for EB2 is very large!
The key thing to watch for India EB3 people is that PD should remain beyond May 1st, 2001. If it doesn' revert back to April, we can assume steady progress.
All in all, I don't see any reason why Jan 2003 will have any -ve affect on EB3... it could be +ve though.
EB2 was completely unaffected by 245(i) and had no reason to be stuck on Apr 01.
EB2 being stuck around Jan 03 etc... could actually be a good news for EB3. Why? It means that the number of people who abandoned their EB3 PDs to escape retrogression and filed for EB2 is very large!
The key thing to watch for India EB3 people is that PD should remain beyond May 1st, 2001. If it doesn' revert back to April, we can assume steady progress.
All in all, I don't see any reason why Jan 2003 will have any -ve affect on EB3... it could be +ve though.
more...
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krishnam70
03-26 12:41 AM
I just got approved for my 3 year extension I am on my 7 th year now.
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
Employer cannot charge for H1b related expenses or GC expenses. It is illegal to do so and if reported could result in blackisting. IN fact I encourage you to do so
- cheers
kris
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
Employer cannot charge for H1b related expenses or GC expenses. It is illegal to do so and if reported could result in blackisting. IN fact I encourage you to do so
- cheers
kris
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saurav_4096
05-07 04:53 PM
I do not see update on online status on the registered cases in my portfolio in TSC.
My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"
Saurav
My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"
Saurav
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amundres
01-13 03:54 AM
I live in northern california and has written letters to congressman, first lady but not response.
GotGC??
01-02 12:32 PM
Also, a rise in interest rate if followed by a subsequent decrease in the LIBOR will increase that chance. Provided the Thai Baht remains stable, and another Earthquake does not strike Taiwan.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
waiting_4_gc
07-18 06:48 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
Its going to be another lawsuit :confused:
Its going to be another lawsuit :confused: