jk999
11-30 01:17 AM
A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
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bluekayal
12-14 05:20 PM
Our AP saga got its final miracle today. (at least I think it�s the final one�) Though my spouse�s and daughter's AP were finally got approved yesterday, the miracle is that TSC has decided to expedite and overnight them, based on a fax from my father-in-law�s doctor.
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS�..�and overnight-ing them!
Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.
Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake� the overnight-ing�.
After a season of dryness, it doesn't just rain, it pours!
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS�..�and overnight-ing them!
Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.
Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake� the overnight-ing�.
After a season of dryness, it doesn't just rain, it pours!
puddonhead
08-17 04:40 PM
HI
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
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wolfpok
11-17 05:34 PM
Check this out...
the news and observer's editorial board makes a clear distinction on skilled immigrants:
http://www.newsobserver.com/opinion/editorials/story/771849.html
pok
the news and observer's editorial board makes a clear distinction on skilled immigrants:
http://www.newsobserver.com/opinion/editorials/story/771849.html
pok
more...
BMS1
09-07 09:18 PM
What I meant to tell you was that though my packet was addressed to Saint Albans, fedex tracking showed that it was rerouted and picked up at the nearby town address (probably Williston)
srarao
07-18 01:22 PM
Hi
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
more...
ascetic
05-03 05:53 AM
What about the Spidy ?
Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)
Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)
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crazyghoda
01-14 05:16 PM
May I ask Why?
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
more...
same_old_guy
10-23 05:31 PM
Who told you that ? I am sure it wasn't any lawyer !!
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jonty_11
05-14 11:08 AM
Guys no response....Is immigration voice really cold now?
more...
username007
06-24 09:10 PM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
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martinvisalaw
02-10 02:38 PM
It's hard to answer without seeing the actual NOIR. However, CIS could have made a mistake, which happens sometimes. Whatever the response, make sure that it is filed before the NOIR deadline. Good luck.
more...
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clif
08-12 02:25 PM
Elaine, thank you for your prompt reply. And radhay, thank you too.
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kannan2010
11-12 07:15 PM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
more...
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vnsriv
07-05 12:53 PM
Thanks
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gcfriend65
12-07 03:01 PM
If you have the receipt number, then you can check the status of approval online at uscis.com. Hope this helps.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
more...
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meridiani.planum
09-07 03:39 PM
Thank you very much for your reply. Just wanted to know what is "LPR"?
LPR = "Lawful Permanent Residence" = green card holder.
the whole reason we are in this multi-year circus!
LPR = "Lawful Permanent Residence" = green card holder.
the whole reason we are in this multi-year circus!
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Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
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senthilnathank
10-07 04:54 PM
No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.
doomdoom
08-24 10:30 PM
thanks for your quick reply.
What about using AP for status check? Will they accept that?
What about using AP for status check? Will they accept that?
vallabhu
10-03 12:56 PM
I don't think there are any adverse effects of updating them with correct address, I applied for 485 in July moved end of august and updated my address with them, All my Receipts and EAD and biometric were returned to them and they resent them to new address with a thank yo note for updating address.
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