zCool
04-02 11:39 AM
Paystub is really required document in tax law.
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"
http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html
If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.
Put his name on the boards annonymously..
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"
http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html
If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.
Put his name on the boards annonymously..
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vxg
09-17 11:48 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
seekingadvice
12-07 03:10 PM
Hi Everyone,
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
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langagadu
05-02 08:42 AM
If I were you, I would explore around the Legal Status from last entry.
ebizash may be right it won't apply if you enter on AP, still worth exploring that area.
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
ebizash may be right it won't apply if you enter on AP, still worth exploring that area.
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
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sdudeja
01-30 08:29 AM
GReyhair thanks for your reply. My concern is not the FP. I am thinking even if they approved her GC and mailed on Jan 12, how can they do it before the the FP date which was Jan 15.
spicy_guy
08-05 01:35 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)
Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)
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IneedAllGreen
06-21 05:03 PM
thanks for your input. But tell me if you have taken photos at CVS and your experience with quality of photos from that store.
Go to local CVS store
Go to local CVS store
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krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
more...
VSS2007
06-25 10:10 PM
Hi,
I am also in the same boat. Looking forward to here some reply.
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
I am also in the same boat. Looking forward to here some reply.
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
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masti_Gai
01-05 12:43 PM
Threads: 2,478, Posts: 38,790, Members: 8,057, Active Members: 3,571
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singhsa3
07-25 03:36 PM
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
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clazale
11-12 10:19 AM
can you share more details about your case?
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
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pa_arora
09-21 06:44 PM
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.
SO keep sailing in the boat with everybody.... ;-|
-p
Cheers!
Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.
SO keep sailing in the boat with everybody.... ;-|
-p
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dvb123
03-01 10:40 AM
Response to this per country limit query by lawyers
RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.
RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.
Can IV core do something? It will provide a relief to some people atleast.
RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.
RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.
Can IV core do something? It will provide a relief to some people atleast.
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cygent
11-04 08:19 PM
How to change the title?
click Edit - then "Go Advanced" button to change the Title. Save.
click Edit - then "Go Advanced" button to change the Title. Save.
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piyu7444
04-11 12:47 AM
If EAD expires and you do not get a new EAD (which was applied in a timely manner) can you still work and get your pay Chq?
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Raj_2009
08-19 10:39 AM
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
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bp333
11-04 12:49 PM
Remind me again, why do we pay these attorney big dollars for??
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
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enthu999
07-16 11:01 PM
Hi,
I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
H1B which is dual intent.
Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.
Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?
Please advice,
Thank you
I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
H1B which is dual intent.
Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.
Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?
Please advice,
Thank you
abracadabra
07-06 11:13 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
nk2006
07-04 04:00 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
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