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Monday, June 13, 2011

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  • gc_in_30_yrs
    09-12 08:15 PM
    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.

    Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.





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  • desi3933
    03-27 04:07 PM
    .....
    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.


    As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
    ....

    Incorrect!

    Read this
    www.uscis.gov/files/article/C1eng.pdf

    Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"



    _________________
    Not a legal advice.





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  • deba
    02-04 09:25 AM
    I am surprised to hear that you were not allowed to board from India. As I mentioned, I have no idea what the procedures are right now. You might run into an official or Airline agent who is not aware of the rules. In my case, I traveled from the US couple of times with AP/Canada PR. First time it was AA/BA and the next time it was AA/Emirates. The checking you will go through will include both immigration and airline staff. If you are transiting thru London Heathrow, you will have to get past a passport check and security screening again to get to your boarding gate. This is where the Airport staff will check your papers. The gate agent will check your papers at the boarding gate and might even issue a different boarding pass. In case you have any doubts, I suggest you take another route or get a visa. The higher cost you might pay by flying Lufthansa for example, will offset the cost of a visa. You don't want to get stranded in any case. Good Luck.





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  • mach1343
    05-13 11:36 PM
    I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.

    Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.

    Are you working for a consulting company or a direct to your employer?



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  • sunnymit
    06-23 11:02 AM
    In your first post you said you were not from europe which is why greyhair asked you for your country of birth.

    Anyway, being from Europe will put you in the ROW (Rest of the World) category and based on the last visa bulletin (Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)) the priority date for EB3 is 15AUG03 where as EB2 is Current. If you can file in EB2 all is well for you, if not, then based on the priority date for EB3 it will take a long time for you to get the GC. Keep in mind though that ROW is not as bad as some other countries like India and China but the fact that it is currently in 03 indicates that there is certainly a backlog that needs to be cleared before the dates get current.

    Hope that helps..





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  • GCMan007
    03-13 01:02 PM
    Congratulations !!

    Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..

    That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated



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  • desi3933
    06-18 12:26 PM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.

    ----------------------------------
    Permanent Resident since May 2002





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  • new_gc_guy
    03-26 07:54 AM
    I used jet last week... 1208$ great food and service.. and the inflight entertainment was awesome !:D



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  • gveerab
    01-18 03:47 AM
    See you there on sunday.


    This is an wonderful opportunity to help your self.

    Please participate and show your support.





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  • pressman
    January 5th, 2005, 04:55 AM
    Rob - this is superb street journalism - the selective colouring adds to the impact. Nice job.
    Pete



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  • lost_in_migration
    05-15 08:29 AM
    Not many replies from Non-Indian categories :(





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  • gc_kaavaali
    11-14 04:09 PM
    somebody gave red mark...what happened???



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  • patiently_waiting
    01-14 04:10 PM
    This may be useful for guys to do stamping in Tijuana :-

    Tijuana Trip (http://tijuanatrip.blogspot.com/)





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  • raj2007
    02-19 11:00 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.


    His status is fine as he filed AOS. Only issue with travelling abroad.
    There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.



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  • martinvisalaw
    02-23 06:19 PM
    Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

    Make sure you speak with an attorney who files a lot of marriage-based cases.





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  • Munna Bhai
    01-09 01:44 PM
    NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.

    any more inputs??



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  • Munna Bhai
    01-10 02:46 PM
    I filed my I-140 and I-485 concurrently on July 6th, 2007
    Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.

    My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.

    When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.

    So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.

    I am in the EB-3 category.

    bump





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  • yabadaba
    04-17 02:58 PM
    the perm user manual is pretty detailed.

    What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)

    as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).





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  • mmk123
    07-17 11:29 AM
    I agree as well as dis-agree.

    numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.

    I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.

    Thanks,
    M.





    bfadlia
    01-29 10:55 AM
    Dear sansas,

    We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.

    Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.

    Thanks

    Able/willing!!
    Look how EB process affected our life.. Labor certification terminology now feels so natural to us





    Munna Bhai
    07-12 07:51 AM
    Hello,

    Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.

    Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.

    a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?

    b)What are the other backup plans we can have.

    thanks for your time.

    -M



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