frostrated
06-18 02:35 PM
My current visa status is I-140 approved, I-485 pending, EAD and AP approved.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
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ashkam
04-01 03:24 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
SL%%
09-05 02:20 AM
what's with the repetition of message? ahahahahaha
Seriously now, if a hospital can offer you a H1 status then you'll be fine. Though apparently, things are also hard for NCLEX certified nurses to get a job in the US. Well, based on my opinion, the recession is a factor. Although hospital is part of the health care system, it is also a business. With things going on like this, you can do the math. Also another consideration is that, of course being in US, labor dept. would DEFINITELY prioritize LPR's or Citizens to fill in the job.
I have a friend who knows a head director of a hospital in SOCAL, he told him that right now, its really hard for them to hire nurses from abroad. He also mentioned that they (the hospital) usually get / hire their nurses from a certified and reputable agent that is based in the Philippines. Who are the agents you may ask, I don't know. Though please don't take this as a discouraging information for your side, you already have a leverage, that is you are in the US already. Just be careful though if some hospital wants to hire you, its always best to hire a reputable immigrant attorney to represent in your behalf. Good Luck
Seriously now, if a hospital can offer you a H1 status then you'll be fine. Though apparently, things are also hard for NCLEX certified nurses to get a job in the US. Well, based on my opinion, the recession is a factor. Although hospital is part of the health care system, it is also a business. With things going on like this, you can do the math. Also another consideration is that, of course being in US, labor dept. would DEFINITELY prioritize LPR's or Citizens to fill in the job.
I have a friend who knows a head director of a hospital in SOCAL, he told him that right now, its really hard for them to hire nurses from abroad. He also mentioned that they (the hospital) usually get / hire their nurses from a certified and reputable agent that is based in the Philippines. Who are the agents you may ask, I don't know. Though please don't take this as a discouraging information for your side, you already have a leverage, that is you are in the US already. Just be careful though if some hospital wants to hire you, its always best to hire a reputable immigrant attorney to represent in your behalf. Good Luck
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tertip
03-11 02:39 PM
Hi All,
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
more...
chanduv23
04-27 10:15 AM
Ok, lets ignore or shut this down.
mirage
03-12 09:46 AM
This is one of the most hilarious thing I heard in months, thought I'll share....
--------------------------------------------------
It was the first day of a school in USA and a new Indian student named Chandrasekhar Subramanian entered the fourth grade.
The teacher said,
"Let's begin by reviewing some American History. Who said 'Give me Liberty or give me Death'?"
She saw a sea of blank faces, except for Chandrasekhar, who had his hand up: 'Patrick Henry, 1775' he said.
'Very good!'
Who said 'Government of the People, by the People, for the People, shall not perish from the Earth?'
Again, no response except from Chandrasekhar. 'Abraham Lincoln, 1863' said Chandrasekhar.
The teacher snapped at the class, 'Class, you should be ashamed. Chandrasekhar, who is new to our country, knows more
about its history than you do.'
She heard a loud whisper: 'Fuck the Indians,'
'Who said that?' she demanded. Chandrasekhar put his hand up. 'General Custer, 1862.'
At that point, a student in the back said, 'I'm gonna puke.'
The teacher glares around and asks 'All right! Now, who said that?'
Again, Chandrasekhar says, 'George Bush to the Japanese Prime Minister, 1991.'
Now furious, another student yells, 'Oh yeah? Suck this!' Chandrasekhar jumps out of his chair waving his hand
and shouts to the teacher , 'Bill Clinton, to Monica Lewinsky, 1997!'
Now with almost mob hysteria someone said 'You little shit. If you say anything else, I'll kill you.'
Chandrasekhar frantically yells at the top of his voice, Michael 'Jackson to the child witnesses testifying against him- 2004.'
The teacher fainted..
And as the class gathered around the teacher on the floor, someone said, 'Oh shit, we're screwed!'
And Chandrasekhar whispered quietly, "the Republicans, November 4th, 2008".
--------------------------------------------------
It was the first day of a school in USA and a new Indian student named Chandrasekhar Subramanian entered the fourth grade.
The teacher said,
"Let's begin by reviewing some American History. Who said 'Give me Liberty or give me Death'?"
She saw a sea of blank faces, except for Chandrasekhar, who had his hand up: 'Patrick Henry, 1775' he said.
'Very good!'
Who said 'Government of the People, by the People, for the People, shall not perish from the Earth?'
Again, no response except from Chandrasekhar. 'Abraham Lincoln, 1863' said Chandrasekhar.
The teacher snapped at the class, 'Class, you should be ashamed. Chandrasekhar, who is new to our country, knows more
about its history than you do.'
She heard a loud whisper: 'Fuck the Indians,'
'Who said that?' she demanded. Chandrasekhar put his hand up. 'General Custer, 1862.'
At that point, a student in the back said, 'I'm gonna puke.'
The teacher glares around and asks 'All right! Now, who said that?'
Again, Chandrasekhar says, 'George Bush to the Japanese Prime Minister, 1991.'
Now furious, another student yells, 'Oh yeah? Suck this!' Chandrasekhar jumps out of his chair waving his hand
and shouts to the teacher , 'Bill Clinton, to Monica Lewinsky, 1997!'
Now with almost mob hysteria someone said 'You little shit. If you say anything else, I'll kill you.'
Chandrasekhar frantically yells at the top of his voice, Michael 'Jackson to the child witnesses testifying against him- 2004.'
The teacher fainted..
And as the class gathered around the teacher on the floor, someone said, 'Oh shit, we're screwed!'
And Chandrasekhar whispered quietly, "the Republicans, November 4th, 2008".
more...
RayP
12-08 03:13 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
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questforgc
08-26 02:47 PM
Thanks for the info bluez. I think i will stick with my AOS.
more...
sagar_nyc
02-11 11:45 PM
I am with the same employer. Thanks for your answer
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
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EndlessWait
06-18 04:06 PM
1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
2.whenever the expired visa was issued
3.whereever it was issued.
I assume you renewed your H1b eventhough you'r H1b stamp expired.
I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.
BTW, what is the visa no#..is it the control no# or EAC no#...
2.whenever the expired visa was issued
3.whereever it was issued.
I assume you renewed your H1b eventhough you'r H1b stamp expired.
I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.
BTW, what is the visa no#..is it the control no# or EAC no#...
more...
mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
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WaitingForMyGC
06-25 09:56 AM
Bumping up.
more...
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Ann Ruben
07-17 05:25 PM
There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.
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pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
more...
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WAIT_FOR_EVER_GC
06-21 02:04 PM
suggestions? ^^^^^^^
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
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go_guy123
03-12 10:05 PM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
where is the ad in sulekha ?
can you post the link ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
where is the ad in sulekha ?
can you post the link ?
more...
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whitecollarslave
04-17 04:51 PM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I would suggest getting something in writing and filing a complaint with DOL.
I think Lou Dobbs will be happy to report H-1B abuse :)
If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I would suggest getting something in writing and filing a complaint with DOL.
I think Lou Dobbs will be happy to report H-1B abuse :)
If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)
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mysticblue
08-17 02:49 AM
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Thank you so much. Your advice is highly appreciated.
Thank you so much. Your advice is highly appreciated.
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champu
03-09 05:23 PM
Mr. MLK Jr,
You had a dream - at least you were sleeping. I wish I could sleep too:p
You had a dream - at least you were sleeping. I wish I could sleep too:p
Joey Foley
May 17th, 2005, 06:16 AM
Thanks for the thoughts guys.
I wish I could retake these but they were taking in southern North Carolina on my way back from Florida the other day.
I live in Indy so now I either use these or found something in Indy to photo this week.
:confused:
I wish I could retake these but they were taking in southern North Carolina on my way back from Florida the other day.
I live in Indy so now I either use these or found something in Indy to photo this week.
:confused:
aditya
05-26 06:21 AM
Thank you all In Team IV
god bless you all
dont worry i also contributed
god bless you all
dont worry i also contributed
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