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Ann Ruben
04-22 10:55 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
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chmur
03-23 10:42 PM
H1B extension takes 2 months . You are 4 months out from your trip out of country.
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sk2006
05-25 01:21 AM
My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.

AGT

Would you please care to update your profile?
It appears you created and ID just to post this question.
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saurin
02-08 04:32 PM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

So which is better, LOA or termination of job? Hard choice..
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roseball
04-12 01:18 AM
Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:

-- labor certification is pending for 365 days ---(This is not applicable to you)

-- I-140 is approved -- (You have a chance with this option)

Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.

Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.

Good Luck..
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seahawks
07-26 11:32 PM
For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

jazz
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
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akred
08-10 07:41 PM
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance

Wouldn't say it is ignorance on the part of the manager. Ignorance is easily abated by the employee talking to the manager. Plus any good lawyer will ask the manager if a master's degree is required for the job before proceeding with recruitment.

More often there are other reasons such as ego issues ("I don't have a college degree so why does my report need a master's degree") or practical difficulties (necessity to raise the wage offered) that can cause an otherwise qualified person to be classified as EB3.
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perm2gc
08-28 10:41 AM
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

I hold a MS degree in CS and BS degree in Industrial Engg.

Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
The DOl might have overlooked your case and you got approved..your education no way fits with your employment AD. Have a serious discussion with your attroney and employer.

Good Luck!!!
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reachag
06-22 06:50 PM
This has been the practise for quite some time.
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sgupta33
08-28 04:07 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:


Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
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Prashanthi
08-27 03:29 PM
[.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]

My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?

~Thanks in advance

You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.
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kondur_007
09-22 02:57 PM
hi All,
I didn't find any topic on this so asking a question in a new thread.

I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

Please help me, I have to take decision ASAP.

Thank you in advance.

1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.

2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.

So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.

Good Luck.
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GCwaitforever
07-12 08:41 AM
I expected Rep. Ed Royce to come hard on Labor Secretary Elaine Chao to improve performance of USCIS, taking your question as a cue. Thats what I would expect from a true leader. Not any circumvoluted responses.

Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.

After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.
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wandmaker
03-18 11:22 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

Any ideas?

Please update your profile w/ correct information.
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snathan
05-17 10:52 PM
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.

Your question is not clear. "her green card expires on the 21st of august"

- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

"she has an appointment on that day for what i think is to get her permanent residency"

- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.


This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
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smartboy75
06-27 12:41 PM
Hi All

Just came accross the following information as posted by the uscis latest newsletter...

If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?

If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com

Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
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coopheal
12-01 07:20 PM
Contributed $100 for Dec.
Transaction ID: 8P72***********
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gcwait2007
12-17 08:17 PM
My situation is I got LAID off.

I had to change employment.

So,

Should I file Ac-21 ?

Buddy,

I am sorry to note that you got laid off.

JunRN's posts are crystal clear. I am surprised that you are still asking the question.

Now answer to your question: YES, You have to file AC21.
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still_waiting
06-03 09:20 AM
good job !
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kirupa
04-22 05:13 PM
I have added your treasure trove and "old school web design" stamps :) I think the text in some of the other stamps needs some work. More specifically, I'm seeing a lot of words. The good stamps I've seen use more visual imagery as opposed to text to convey information very quickly.
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dealsnet
04-06 03:54 PM
I have the denial letter. If you PM your email, I can send to you.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/

ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.

THEY give (Indian) MSC only equal to US bachelors.

http://www.murthy.com/news/n_mtaedg.html

You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.


Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.

If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.



_________________
Not a legal advice.
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