desi3933
06-12 01:37 PM
Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
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maxy
10-16 01:19 PM
sounds good...thanks
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
GooblyWoobly
07-18 07:00 PM
read the last paragraph of the link you posted
Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.
Thanks. Clear as day!! This sucks.
This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.
Can someone answer Q2?
Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.
Thanks. Clear as day!! This sucks.
This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.
Can someone answer Q2?
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immigrationvoice1
02-27 01:08 PM
Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.
more...
walking_dude
01-30 11:38 AM
Media coverage of the situation faced by Highly-skilled immigrants has been negligible or nil. As a result many of the lawmakers are unaware of the situation faced by us. IV has come forward to make a Press Release on our behalf to educate the media on the impact of the issue on our community.
Now that IV has done it's part and issued a Press Release outlining the issues faced by highly-skilled employment immigrants in Michigan, onus is on MI members, and others, to call upon the MI newspapers and media to cover our issues as outlined in the press release.
I request all MI members, and others, to call up and/or E-mail the newspapers urging them to feature a newstory covering the issues faced by our community citing IV PR as the source. We are also in the process of collecting and collating stories from people who were rejected licences due to the new rule.
If we can get our stories to the media it will provide publicity to our issues and get noticed by Michigan lawmakers while deciding on the new law. Hence it's really crticial for all of us to participate and make this action item a success story.
Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
IV Press Release - http://www.prweb.com/releases/2008/1/prweb661904.htm
IV update on the Press Release - http://immigrationvoice.org/forum/showpost.php?p=218184&postcount=30
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Now that IV has done it's part and issued a Press Release outlining the issues faced by highly-skilled employment immigrants in Michigan, onus is on MI members, and others, to call upon the MI newspapers and media to cover our issues as outlined in the press release.
I request all MI members, and others, to call up and/or E-mail the newspapers urging them to feature a newstory covering the issues faced by our community citing IV PR as the source. We are also in the process of collecting and collating stories from people who were rejected licences due to the new rule.
If we can get our stories to the media it will provide publicity to our issues and get noticed by Michigan lawmakers while deciding on the new law. Hence it's really crticial for all of us to participate and make this action item a success story.
Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
IV Press Release - http://www.prweb.com/releases/2008/1/prweb661904.htm
IV update on the Press Release - http://immigrationvoice.org/forum/showpost.php?p=218184&postcount=30
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
kirupa
12-08 01:58 AM
Wow, another close one! Congrats to templarian, mugyaded, and flocke for having the top winning entries :cowbell:
I'll more formally announce this later this week.
Cheers!
Kirupa :sailor:
I'll more formally announce this later this week.
Cheers!
Kirupa :sailor:
more...
apahilaj
07-19 07:11 AM
Hi Seahawks,
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
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akkakarla
08-16 12:03 PM
While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.
Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.
My 2 cents
more...
snathan
04-19 12:15 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.
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suriajay12
04-06 07:44 AM
Very good one.. USCIS is acknowledging here the severe wait periods. A good sign when (if) trying to fix a problem. Recognizing that there is one..
Good job in posting this article.
Good job in posting this article.
more...
rongha_2000
10-02 11:57 AM
You may be generally right about this, but in my case the attorney fees are borne by my company and it is my company who advised me to apply for EAD and still said that they will maintain my H1 till my AOS is approved, and thats where all these questions started popping in my mind.
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
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snathan
02-10 11:50 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
It will come only for I-140. You will get the approval in Perm.
It will come only for I-140. You will get the approval in Perm.
more...
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gcnirvana
04-27 06:39 PM
In my opinion, looks like another placeholder bill just before CIR.
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TeddyKoochu
10-26 01:49 PM
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
This one looks like is pre Sep 2009 Approvals, we are looking for the updated one which should show very few numbers for EB2 - I, 2003 and 2004.
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
This one looks like is pre Sep 2009 Approvals, we are looking for the updated one which should show very few numbers for EB2 - I, 2003 and 2004.
more...
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rocky74
07-20 12:35 AM
Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
You mean labor approved in July or Labor filed in July and approved before August 17. I understand that Priority date of July means that you must have filed the LCP in July.
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
You mean labor approved in July or Labor filed in July and approved before August 17. I understand that Priority date of July means that you must have filed the LCP in July.
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bluez25
10-29 07:00 PM
adds,
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
more...
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mbartosik
02-17 01:24 AM
Hey, it is welcome, but it is also proof that the people running this system cannot count.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
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psk79
10-15 01:10 PM
Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.
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desi3933
05-15 04:17 PM
I believe that in the original post, Keerthi indicated that he was in India.
I apologize for the confusion.
I understood that you have replied for mchhokar's question.
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
Please accept my apologizes and thanks for the clarification.
I apologize for the confusion.
I understood that you have replied for mchhokar's question.
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
Please accept my apologizes and thanks for the clarification.
ss1026
04-10 03:56 PM
163,000 applns for general and more than 31,200 applns for advanced degree.
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
GCapplicant
10-12 04:19 PM
I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Glad to see a NJ applicant to receive FP.Hope we also receive ours soon.Thanks for the update
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Glad to see a NJ applicant to receive FP.Hope we also receive ours soon.Thanks for the update
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