sertasheep
06-24 03:21 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
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TeddyKoochu
09-11 04:42 PM
I feel that unless your location & position is absolutely stable no point even thinking about it. Think only if you have a full time position and the company is in great health and you really like the city and area that you live in. If you are in consulting buying a house reduces your flexibility, I agree that renting is equivalent to wasting money, however it definitely gives you the flexibility to be mobile without any second thoughts.
.jpg "this is the best car ever.")
Humhongekamyab
01-15 02:54 PM
You don't need guns my friend. You need Roses!!!;)
I'll take your advice plus a gun. How about Guns and Roses :D
I'll take your advice plus a gun. How about Guns and Roses :D
2011 The 10 Worst-Designed Cars
terriblething
06-12 12:44 PM
Thanks for your suggestion! Buddy.
We will try to request a court interpreter.
I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.
We will try to request a court interpreter.
I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.
more...
kate123
12-31 12:33 PM
I think you are wrong... Company A can revoke approved I-140, if employee leaves them..
No problem my friend. You are welcome. I am glad I was able to help you.
Company A CANNOT revoke approved I-140. I have checked this with 3 to 4 attorneys & also with Gurus on this forum. Only the USCIS has the authority to cancel the approved I-140, if it detects that it was obtained fraudulently.
One more suggestion, ask company B to file your H1 with Premium processing. Once you get H1 approval then submit resignation to Company A.
Enjoy the party Bud. Have a drink on me!:p;). Wishing You and Yours Happy New Year.
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
No problem my friend. You are welcome. I am glad I was able to help you.
Company A CANNOT revoke approved I-140. I have checked this with 3 to 4 attorneys & also with Gurus on this forum. Only the USCIS has the authority to cancel the approved I-140, if it detects that it was obtained fraudulently.
One more suggestion, ask company B to file your H1 with Premium processing. Once you get H1 approval then submit resignation to Company A.
Enjoy the party Bud. Have a drink on me!:p;). Wishing You and Yours Happy New Year.
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
saileshdude
07-09 10:32 PM
Can anyone recommend attorney who are good in AC21 and I-485 Motion To Reopen cases. Who is better, muthy or Oh law firm, or Ron Gotcher ? I am confused as to whose services I should take knowing that my I-140 will be revoked and if I have to file MTR.
more...
vinodp1978
06-28 04:55 PM
If you had a approved 140, you'd get 3-year extensions. If it is pending, you could still get 1 year extension.
While I'm sure about this rule, you should check with the attorney.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
While I'm sure about this rule, you should check with the attorney.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
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belmontboy
01-15 02:51 PM
I wonder whether proper first aid was given to the person.
People do normally survive gunshots to leg!!
People do normally survive gunshots to leg!!
more...
a1b2c3
10-08 03:02 PM
http://immigrationvoice.org/forum/showthread.php?t=4285&page=131
hair the Worst Car Ever Made”
maverick_s39
06-30 12:38 PM
this is preposteruos, i was never denied entry on a train or bus just because i am asian, usa is much better country when it comes to racism than most of the asian countries (including india),
But Gandhi ji actually did something when he was humiliated , unlike MOST IV MEMBERS" who just talk.. yes right TALK
But Gandhi ji actually did something when he was humiliated , unlike MOST IV MEMBERS" who just talk.. yes right TALK
more...
ianlock
09-13 02:14 AM
your language stinks
my language stinks...oh no.... i used a bad word.... god forbid!!!
so how would you best describe them then???
wake up and smell the real world pal...
my language stinks...oh no.... i used a bad word.... god forbid!!!
so how would you best describe them then???
wake up and smell the real world pal...
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alterego
10-05 09:25 PM
Hey guys, Our collective voices worked.
We got a partial correction on their on line article at the bottom which was just added after our e mails started hitting their inboxes. It is good that they realised their error. A pity it did not make it into their print edition.
See at the bottom under Amplification.
http://blogs.wsj.com/washwire/2007/10/05/republican-candidates-rev-up-for-economic-debate/
We got a partial correction on their on line article at the bottom which was just added after our e mails started hitting their inboxes. It is good that they realised their error. A pity it did not make it into their print edition.
See at the bottom under Amplification.
http://blogs.wsj.com/washwire/2007/10/05/republican-candidates-rev-up-for-economic-debate/
more...
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mbhang
04-08 02:32 PM
If there is unity, and all of us walk out with all our money, this would definitely get the attention of the lawmakers.
I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.
I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.
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GCIsLuck
09-22 04:18 PM
My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Hi,
I am joining with Tek systems and they don't give as permanent position in offer letter rather just said contractor.. but I am full time with my current employer.
Do you think its going to be any problem from changing Full time to Contractor?
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Hi,
I am joining with Tek systems and they don't give as permanent position in offer letter rather just said contractor.. but I am full time with my current employer.
Do you think its going to be any problem from changing Full time to Contractor?
more...
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aadimanav
07-16 10:55 AM
That's good.
I hope that this is not an automated one.. :)
Thank you for expressing your concerns regarding the Department of State�s visa policies.
You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.
Thank you again for contacting me.
Sincerely,
Sherrod Brown
I hope that this is not an automated one.. :)
Thank you for expressing your concerns regarding the Department of State�s visa policies.
You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.
Thank you again for contacting me.
Sincerely,
Sherrod Brown
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gk_2000
04-20 07:09 PM
Politicians are very well aware of our issues; they just don't want to provide a solution because of the hispanic caucus.
But, more seriously thinking, isn't Mexico also one of the backlogged EB countries? I doubt they will mind having a provision for us while they do their campaign. Perhaps we really ought to join hands with them so our objects can get more widespread support .. just an idea
But, more seriously thinking, isn't Mexico also one of the backlogged EB countries? I doubt they will mind having a provision for us while they do their campaign. Perhaps we really ought to join hands with them so our objects can get more widespread support .. just an idea
more...
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satyasrd
07-02 07:27 AM
pbuckeye,
I am with you on this and am willing to put in efforts for bringing some relief to all those patiently waiting to file their I-485. Unfortunately, whenever I bring up this topic I get no support from anyone. I don't think people waiting to file I-485 realize that possible wait times could range from 5,6 years to even a 20 ! Everyone has their hopes set on a mirage called CIR.
Is the following (or can it be) a part of the Admin Fix Initiative? :-
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
I am with you on this and am willing to put in efforts for bringing some relief to all those patiently waiting to file their I-485. Unfortunately, whenever I bring up this topic I get no support from anyone. I don't think people waiting to file I-485 realize that possible wait times could range from 5,6 years to even a 20 ! Everyone has their hopes set on a mirage called CIR.
Is the following (or can it be) a part of the Admin Fix Initiative? :-
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
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pappu
10-12 02:08 PM
Thanks NYC gal for taking inititaive on this. your help is very much appreciated. i have changed the name of this thread to include 'contacting media'. members can use your letter template/modify it and contact news organizations they list on this thread.
this is a great resource to find all news org contacts
http://capwiz.com/aila2/home/
just enter a zip code and it will show you web addressed and media contacts of all people in your area. I suggest members NOT USING the form and submission on this site. the submissions might get filtered by AILA. However you can pick up the web addresses and email addresses of all editors and imp reporters from this tool. use these addresses in your own personal mail id and send emails via your own personal email ids and not via this tool..
Lets Roll !!
this is a great resource to find all news org contacts
http://capwiz.com/aila2/home/
just enter a zip code and it will show you web addressed and media contacts of all people in your area. I suggest members NOT USING the form and submission on this site. the submissions might get filtered by AILA. However you can pick up the web addresses and email addresses of all editors and imp reporters from this tool. use these addresses in your own personal mail id and send emails via your own personal email ids and not via this tool..
Lets Roll !!
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Keeme
06-03 10:24 AM
Follow the Senate judiciary committee Hearing on this link:
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
Somebody please post the live updates.
Shirley Tan
Pacifica, CA
Gordon Stewart
London, England
Julian Bond
Chairman
National Board of Directors
National Association for the Advancement of Colored People
Washington, DC
Christopher Nugent
Co-Chair
Committee on the Rights of Immigrants
Section of Individual Rights and Responsibilities
American Bar Association
Washington, DC
Roy Beck
President
NumbersUSA Education & Research Foundation
Arlington, VA
Jessica M. Vaughan
Director, Policy Studies
Center for Immigration Studies
Franklin, MA
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
Somebody please post the live updates.
Shirley Tan
Pacifica, CA
Gordon Stewart
London, England
Julian Bond
Chairman
National Board of Directors
National Association for the Advancement of Colored People
Washington, DC
Christopher Nugent
Co-Chair
Committee on the Rights of Immigrants
Section of Individual Rights and Responsibilities
American Bar Association
Washington, DC
Roy Beck
President
NumbersUSA Education & Research Foundation
Arlington, VA
Jessica M. Vaughan
Director, Policy Studies
Center for Immigration Studies
Franklin, MA
franklin
06-13 11:31 PM
You can change your signature now - no more waiting:)
Ha - good point!
There you go
Ha - good point!
There you go
valuablehurdle
09-08 07:22 PM
All arguments are very sensible. No doubt about it. am working on an EAD and they did not incur any legal cost. However, I get frustrated thinking why they charge $180 per hour to the client.... even when the cost to company for me is about $110K per annum or around $60 per hour. I do not know whether I am worth $180 per hour or not....but probably more than $60/hr since they can charge $180 / hr
We really need to analyze this deeply if we want to come up with a strategy....
Thanks for the 3 red dots which I recieved....
We really need to analyze this deeply if we want to come up with a strategy....
Thanks for the 3 red dots which I recieved....
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