uma001
04-26 10:16 AM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
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rsdang
08-22 11:44 AM
There is a pilot in progress where a combined document has been issued which serves both as EAD and AP and the validity is 2 years... So I would say its a matter of time if the pilot is successful.
There are some conditions that need to be met.
There are some conditions that need to be met.
engineer
11-04 10:36 PM
sent mails to 100+ WI members for meeting.
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desibob
06-13 07:51 PM
Hold on there. Why exactly do you need to file EAD and AP now? Once you get 140 and 485 receipt notice, you can apply online yourself. Then you will get your own EAD to your own home.
Then the questions is - would you be able to get a copy 140 and 485 receipt notice from him?
Thinking out loud - Probably you can change the address by calling USCIS or by filing AR-11 (you may need receipt number to do this).
Then the questions is - would you be able to get a copy 140 and 485 receipt notice from him?
Thinking out loud - Probably you can change the address by calling USCIS or by filing AR-11 (you may need receipt number to do this).
more...
Beemar
09-04 11:26 AM
Hi, Continuing an old discussion, I have another issue. My I-485 receipt does not even have a column for PD, leave alone having a blank column. Now, is THAT normal?
kaisersose
08-08 09:44 AM
My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
more...
jai_immigration
09-24 10:06 AM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
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aniraj
02-07 01:10 PM
Just for the information & thought would share the experience:
My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
Rest was all well without any issues.
Thought would help all those who wanted to know.
My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
Rest was all well without any issues.
Thought would help all those who wanted to know.
more...
ketumax
06-19 11:35 PM
I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
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senthil1
05-04 09:51 PM
Minimum 60 days after President signs. It could be more than 60 days mostly specified in bill
what date is it likely to take effect (become a law)?
what date is it likely to take effect (become a law)?
more...
keaby
03-23 07:03 PM
I have entered through JFK a week back. The officer was cordial..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
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Dhundhun
06-15 08:14 PM
Hi,
You can email to E-Filing.Support@dhs.gov requesting the receipt notice in pdf format. I had the same situation and i emailed the above Id and got receipt notice (pdf) in 48hrs. BTW in the email give your receipt number.
Thanks,
Krishna
Very useful info. But it seems that "beautifulMind" does not have receipt number. Best thing would be to wait. Finding out whether payment is received in USCIS or not will be helpful (e.g calling credit card company).
One more thing, now a days USCIS started taking more than a week for sending confirmation or FP notice. This may be due to more work load or intentional delay due to multi-year EAD.
You can email to E-Filing.Support@dhs.gov requesting the receipt notice in pdf format. I had the same situation and i emailed the above Id and got receipt notice (pdf) in 48hrs. BTW in the email give your receipt number.
Thanks,
Krishna
Very useful info. But it seems that "beautifulMind" does not have receipt number. Best thing would be to wait. Finding out whether payment is received in USCIS or not will be helpful (e.g calling credit card company).
One more thing, now a days USCIS started taking more than a week for sending confirmation or FP notice. This may be due to more work load or intentional delay due to multi-year EAD.
more...
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atlfp
06-14 09:43 PM
Based on these reasons:
1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;
2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;
3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.
So the PD moves forward is definitely a good thing regardless how CIR plays out.
Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....
No one can stop it.
Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?
Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....
We have been dealt a crucial blow here.
1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;
2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;
3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.
So the PD moves forward is definitely a good thing regardless how CIR plays out.
Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....
No one can stop it.
Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?
Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....
We have been dealt a crucial blow here.
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cheg
08-31 10:49 PM
Hi. I got this from srid123 and after reading your post, this is exactly what you're looking for. Very helpful and informative. Good luck!
http://tijuanatrip.blogspot.com/
http://tijuanatrip.blogspot.com/
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nain
03-27 04:46 PM
I am on H4 visa and my husband is on H1 visa. My husband is working in N.Y. city as a programmer analyst.
I am pregnant by 5 months. I have following questions :-
- Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.
- By applying Medicare does it affects my husband green card process or in future citizenship.
Thanks for your time and efforts to answer my questions.
I am pregnant by 5 months. I have following questions :-
- Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.
- By applying Medicare does it affects my husband green card process or in future citizenship.
Thanks for your time and efforts to answer my questions.
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jkays94
04-07 06:00 PM
While the issues being highlighted may lean towards those being termed as illegal aliens, I wouldn't be so quick to call these organizations as exclusively illegal immigrant interest groups. However it is up to one to make their personal decision whether to attend or not, if there weren't legal immigrants and citizens amongst their midst (http://www.cnn.com/video/player/player.html?url=/video/us/2006/04/01/huntington.ny.immigration.rally.cnn) (see linked interview), no one would listen or take note, one thing is certain though, we're now in the same boat given the bill has been thrown into uncertainity :
The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :
Congress should pass real, immigration reform that:
1) respects our values of fairness, hard work and family
2) provides a clear path to earned citizenship
3) fixes America's immigration system to make it safe, legal, and orderly
4) unites families
5) ensures workplace and civil rights protections for everyone
The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :
Congress should pass real, immigration reform that:
1) respects our values of fairness, hard work and family
2) provides a clear path to earned citizenship
3) fixes America's immigration system to make it safe, legal, and orderly
4) unites families
5) ensures workplace and civil rights protections for everyone
more...
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NNReddy
07-05 12:38 AM
My mother-in-law is on a visitor visa. She is supposed to go to india in 10 days. But she had a medical emergency and had a surgery this week. She cannot travel to india right now, as she needs rest after surgery. Can we apply visitor visa extension on medical grounds or is it safe to apply for extension on tourism/visiting grounds, Please advise.
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humsuplou
07-02 06:42 PM
Great! Thanks everyone!
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learning01
01-29 02:20 PM
We can't mount fire-fighting operation on each and every front. Let's ignore them.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
psychman
09-30 12:14 AM
Hey Kirupa. Thanks for the reply. Yes, I will install a web server. If multiScaleImage could be part of WPF I think that would solve the problem and the possibilities could be amazing!
gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
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