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  • eb2_immigrant
    03-09 06:20 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?

    Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas





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  • GCA
    04-07 08:30 PM
    This is outrageaous. Three postings above, i had suggested the same idea. How come you are not even acknowledging my posting when you (essentially)reword the content? It does appear from your mail that you had been following up the postings in the thread.

    Thats why plain messages are better on public forums. Probably the other person didn't mean to plagiarize. I went from top to bottom and probably read your post before other persons, but never got that point in your message until I went back after reading the above. With tens of messages to catchup if not tons, we surf thru' quickly and not everyone catches the point from such writings. Nevertheless that was cool idea.

    Anyways, great minds thinks alike. Great though both of you.





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  • pappu
    08-23 11:49 AM
    These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
    We are currently trying to work with the government and not go against it It might prove counterproductive. We as a group need to expand further. Strength is also in the numbers. While we are only 5550+ we represent half million people stuck in the greencard process. We need to reach out to all those people and get their support.

    Each individual here on the forum pls. try to connect with your friends who also share our plight and urge them to become members.


    Pls. post IV posters in your local grocery stores, temples and restaurants.
    Poster is here http://immigrationvoice.org/forum/showthread.php?t=694

    If you are an alumni of a US university, connect with your student organization so that they can post info about Skil Bill on their listserv. This bill affects all the US educated international students too and getting those students as members would strengthen our organization.


    When you do something, please post it on the forums so that others can know and do the same.





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  • Pineapple
    02-09 01:51 PM
    That's a good one :)

    ..

    PS: You know that Power = IV right? = )



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  • satyasaich
    03-16 12:45 PM
    expect an RFE in a month or two. Also fill in your profile to help others...


    Why he should expect an RFE in a Month or Two ?

    Any rational reason ?





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  • xu1
    08-03 01:34 PM
    To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.

    Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)

    This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.



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  • Gravitation
    05-30 02:22 PM
    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.





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  • Lisap
    08-03 12:27 PM
    What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?



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  • malibuguy007
    10-17 05:00 PM
    I like LCS Inc ( Lion's Capital Services Inc ) based in Fairfax , VA. Very good terms and easy to work with. The good part is they are pretty flexible. If you need contact details PM me.





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  • texcan
    10-24 04:30 PM
    yes, really I missed that oppurtunity by 7 days. my only question is
    Can she stay here until I94 expires? or for 180 days?

    Thanks

    talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
    First try to get her here on H4 and then chase her GC application.
    Afterall, marriage is important



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  • nikamd
    05-13 08:31 AM
    I am in the same boat. Current from March.........but nothing yet....:(:(:(:(:(:(





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  • skp71
    07-16 06:14 PM
    My lawyer says that her status is AOS from nowonwards. Even I can change job, that dosen't cause any issues for her 485, she says. What do you guys think? I want to change job. Also, I have read from some other forum, it would be good to work for the sponsoring company for 6 to 1 year after get the gc.

    got it, sonu. Thanks; clear as water now!

    skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.



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  • karn.anand
    11-04 01:06 AM
    there is one more button i have posted that is not listed..
    http://www.kirupa.com/forum/showthread.php?t=338103





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  • Immigstories
    01-17 07:17 PM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.



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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...





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  • kondur_007
    02-23 07:11 PM
    Well, in the middle of negative comments, I have something positive to add here.

    I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.

    In any case, I have following comments/solutions for you:

    1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".

    2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:

    If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.

    If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.

    Above applies to all the dependents as well.

    3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.

    Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.

    So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....

    Good Luck.



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  • simon03
    07-14 01:11 PM
    My company attorney is not of much help. He claims given that USCIS has issued Receipt, and has not yet rejected the application, we may be ok...

    For me, the risk is that USCIS rejects the application after sitting on it for 2 months...My EAD is expiring mid of Aug, and I will have to start again, and will have to be on unpaid leave.

    Has anybody in the forum applied for EAD renewal and whose I-485 filing date is between August 1, 2007 and August 17, 2007 ?





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  • m1801b
    09-11 12:33 AM
    Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
    1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
    2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
    3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
    4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.

    I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.

    I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.

    Some folks have suggested me to get a consulting from someone from Sheela Murthy.

    Thanks you so much.





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  • piyush77
    03-24 07:54 PM
    I am having similar problem, I have my I-140 approved in 2007 485 filed in july 2007. I got laid off, now I want to change job with project manager title. is it safe to do that but my core technical knowledge will be same as before in the job description.





    gauravsh
    03-28 03:49 PM
    Thanks !!





    ryan
    05-28 07:57 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.

    Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?

    You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?



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