frostrated
06-21 01:55 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
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mrdelhiite
07-13 08:29 AM
and marry a celebraty
or work hard and support IV :)
-M
PS: good things come to those who wait
or work hard and support IV :)
-M
PS: good things come to those who wait
rajuram
08-21 12:19 AM
#4 in my post, was just to lighten the mood. Other things are definately worth considering.
Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.
But somethings that may be worth trying in the interim are -
1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.
2. Longer duration AP.
3. Fee reduction for 2nd & subsequent renewal of EADs and APs.
4. An apology from USCIS for the delay!!
Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.
But somethings that may be worth trying in the interim are -
1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.
2. Longer duration AP.
3. Fee reduction for 2nd & subsequent renewal of EADs and APs.
4. An apology from USCIS for the delay!!
2011 Starscream Transformers
ss2005
07-24 10:17 AM
Hi hydubadi,
I am aslo in same situation ... FNU and Pending 485.
My attorney says... just write a letter after chaning the name in passport. Mine is a name split issue.
My old passport has Last Name = Last Name + First NAme and First NAme = Blank and visa etc it is FNU
I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
First Name : "FirstName"
Last Name : "LastName"
I am aslo in same situation ... FNU and Pending 485.
My attorney says... just write a letter after chaning the name in passport. Mine is a name split issue.
My old passport has Last Name = Last Name + First NAme and First NAme = Blank and visa etc it is FNU
I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
First Name : "FirstName"
Last Name : "LastName"
more...
alkg
10-18 06:08 PM
I am in the same boat:::::::::
July 2nd Filer.
Reciept notice received on October 11th on Phone.
Waiting for EAD,AP.
FP Not Done
July 2nd Filer.
Reciept notice received on October 11th on Phone.
Waiting for EAD,AP.
FP Not Done
sundar99
05-01 01:33 PM
I thought even though you are a Indian Citizen, if you are already working in US, you can go to the Canada and apply from US Embassy in Vancouver or in Toronto. The wait times are really short, you can get an appoinment in less than 2 weeks.
1. It could be a H1 extension revalidation
2. H4 to h1 Visa stamping.
I have heard folks do it before. I have not done it myself, so cannot vouch for it though.
THis may be a cheaper alternative than going to India.
1. It could be a H1 extension revalidation
2. H4 to h1 Visa stamping.
I have heard folks do it before. I have not done it myself, so cannot vouch for it though.
THis may be a cheaper alternative than going to India.
more...
glamzon
07-20 05:01 PM
No Clue... on this topic ..sorry
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kamal
08-04 02:27 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
more...
buehler
07-27 09:11 AM
Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site
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meher
12-24 10:38 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
more...
peer123
04-04 04:54 AM
,,,,, others please weigh in
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eb3retro
08-06 11:36 AM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
congrats, ur online profile does not say if u r eb2 or 3 and whats ur PD ?
congrats, ur online profile does not say if u r eb2 or 3 and whats ur PD ?
more...
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spgtopper
05-24 01:34 PM
Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
Keep it up!
S.
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Calouste
07-28 08:20 PM
quite interesting find...do you have a reference?
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
H-1B numbers:
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
India accounted for the following percentages of new H-1B visa issued:
FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %
Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.
more...
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GoGreen
07-18 09:58 AM
Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.
Has anyone done that?
Is it easy to do that?
Has anyone done that?
Is it easy to do that?
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anilsal
12-21 12:00 AM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
more...
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smuggymba
06-23 11:44 AM
I used to work for big4 in IT, they file in EB3 unless you're a Sr. Mgr. I quit and joined another US company just for EB2...hoping for the best.
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srikondoji
07-03 10:38 AM
I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
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copsmart
06-15 02:52 PM
Given below are my case details.
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
small2006
07-11 12:14 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
GCard_Dream
09-15 12:25 PM
Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.
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