ineedhelp
07-17 07:10 PM
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
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REEF�
06-06 05:28 PM
I voted for those 3 vector ones and mine and a few more lol. I hope the guy who made the 3 vector ones with the birds/monkey thing wins - those are awesome.
chanduv23
01-21 01:34 PM
I joined Immigration voice on orkut. My name is Chandrakanth
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mjULTRA
05-27 06:42 PM
i voted for golgi, cuz it had a theme, but festers site deserves an honorable mention.
more...
santosh19
10-31 02:08 PM
What confuses me is or are you saying that calfornia service center no more process the H1-B extension. But when you go to processing time in USCIS website it still shows you that they process H1-B extension
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
tnite
09-30 02:21 PM
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
more...
thepaew
09-24 02:45 PM
Hello Seba
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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snathan
03-29 11:38 AM
Thanks all.
I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.
You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.
I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.
You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.
more...
prakgc
07-21 09:37 PM
For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
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gchopes
08-04 01:20 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
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rock945
02-21 12:21 PM
that is for last month updated jan 17,2007 not for feb?
Now it is updated for Feb.
Now it is updated for Feb.
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bmoni
12-23 04:28 PM
Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .
Thanks
Thanks
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gcsomeday
07-17 05:24 PM
newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.
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americandesi
06-18 01:10 PM
All EB priority dates for July 2007 is current. Hence everyone can go for concurrent filing right away.
The scenario I have given explains how to maintain the status after getting permanent residency from both countries, so that you are eligible to apply for citizenship in both countries.
But here is the catch. Some Canadian immigration officers might not consider the commuting days towards the day count for citizenship. It solely depends on the discretion of the officer during Canadian citizenship interview.
The scenario I have given explains how to maintain the status after getting permanent residency from both countries, so that you are eligible to apply for citizenship in both countries.
But here is the catch. Some Canadian immigration officers might not consider the commuting days towards the day count for citizenship. It solely depends on the discretion of the officer during Canadian citizenship interview.
more...
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JunRN
09-17 10:10 AM
Once this bill passed the Committee, there are more work to do. We need to call again so that it will be put to vote at the Full House level and then, at the Senate.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
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Ramba
10-30 05:56 PM
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
more...
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FinalGC
02-03 05:16 PM
The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
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Libra
07-30 02:57 PM
I can't believe you guys are still answering his question.......go to rally threads and contribute, admin i think we should close this thread now.
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GCwaitforever
12-04 05:57 PM
you should in fact thank the system for letting you to continue on H1 ..
That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/10/AR2006081001366.html
That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/10/AR2006081001366.html
Administrator2
01-25 07:34 PM
Congressman Flake reintroduces STAPLE Act to renew the focus on competitiveness.
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
pappu
02-15 08:22 PM
ivuser very good ideas. I was waiting for others to respond to your post whole day to help with the tasks but nobody responded to even join you in a conference call. We get lot of people everyday on the forum, email and sometimes on the phone asking us to do xyz but very few actually volunteer to take it up upon themselves to execute their ideas.
Let us discuss these ideas offline. Thanks again for your interest.
Let us discuss these ideas offline. Thanks again for your interest.
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