meher
12-25 12:35 PM
At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
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ps57002
09-09 02:37 PM
Please advise.
Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.
Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.
I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.
What should I do now? Please advise what i can submit to correct this?
*Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?
*Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.
*As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.
Please help as I'm very stressed about this....
Thanks.
Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.
Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.
I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.
What should I do now? Please advise what i can submit to correct this?
*Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?
*Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.
*As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.
Please help as I'm very stressed about this....
Thanks.
WaldenPond
05-25 06:57 AM
Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.
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san3297
11-10 07:33 PM
I called USCIS but they are just saying send all the docs as stated in the RFE. Seems dont have any option other than sending originals. The search for this kind of RFEs yielded no results.
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natrajs
03-13 10:17 AM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Congrats and Best Wishes , After a Long wait !!
:):):):):):)
Congrats and Best Wishes , After a Long wait !!
Skip
March 9th, 2004, 12:34 PM
SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.
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singhsa3
11-15 10:47 AM
What a shame and Ignorant people we are trying to motivate...
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tinamatthew
07-21 12:01 AM
To my knowledge, neither paystubs, W2s nor tax returns are required for filing.
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
The main reason why lawyers request W2 etc is to show you were in valid non-immigrant status, To prevent any RFEs/NOIDs
However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?
To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"
The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.
The main reason why lawyers request W2 etc is to show you were in valid non-immigrant status, To prevent any RFEs/NOIDs
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Maverick_2008
04-16 03:51 PM
Is it true even for principal applicant? If 140 is denied, isn't your EAD invalidated? In other words, if 140 (immigration petition) is denied, there is nothing to adjust your status on and so even 485 becomes invalid.
Folks, please enlighten me, if I'm missing anything here.
Maverick_2008
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
Folks, please enlighten me, if I'm missing anything here.
Maverick_2008
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
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belmontboy
11-17 02:19 AM
[source: http://www.jackson-hertogs.com/misc/permdesc.htm]
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
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naushit
05-22 04:02 PM
My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?
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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.
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.
more...
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pappu
11-25 10:15 PM
We should not wait for CIR.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
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amitpan007
06-29 03:21 PM
Paying little extra for few months is better than remaining uninsured. Check with your employer and health insurance if there is a pre-existing condition clause for maternity. Usually, there is none and in that case you can take a cheaper individual plan for now to cover for office visits (and pay discounted rates for those as most of them will count against deductible in any decently priced plan you choose) and later shift to employer plan as delivery time gets closer. But one thing to keep in mind is that usually depending on employer size and health insurance company you choose, declaring current status as pregnant may add more premium later.
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Daffy_Duck
January 12th, 2005, 06:31 PM
Great shots Lecter. Here's my attempt except the colors are selectively desaturated.
http://www.pbase.com/eclecticphoto/image/38548124.jpg
http://www.pbase.com/eclecticphoto/image/38548124.jpg
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coolest_me
07-01 05:45 PM
if you are in California then fwd this to your employer
http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000
Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California
http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000
Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California
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bobzibub
09-25 10:57 AM
I dunno about you, but really I don't think we should pay any fees until we get some sort of product to show for it. I don't pay for a hair cut that might happen in ten years. Why should I pay for a green card that might happen in ten years?
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dpp
10-27 12:16 PM
See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
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pani_6
03-20 09:57 AM
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
kaisersose
07-15 01:00 PM
Hi Friends,
My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.
Appreciate any assistance !
EAD is not a status. So how does her status change?
My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.
Appreciate any assistance !
EAD is not a status. So how does her status change?
Thiru
09-22 08:53 PM
I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?
I applied on 8th of July and got approval notice through mail on 4th sep at TSC
I applied on 8th of July and got approval notice through mail on 4th sep at TSC
