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newbie2020
06-25 02:29 PM
If you didn't receive any paycheck in 2007 you won't receive a W2 from your employer,

The amount will reflect in the 2008 W2.

You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
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gc_on_demand
01-20 09:37 PM
I had same situation in 2009.. petition was approved in Mid 2008 and stamping was in feb 2009. No PIMS delay. I think if gap is more than few months , PIMS records are updated.
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humdesi
12-13 09:35 AM
This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..

Thanks franklin,


My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
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felix31
06-05 08:19 AM
well, something similar is going on with my case,though mine is not i-485...

I am waiting for H4 extension (7th year). Attorney had replied to RFE long time ago and I noticed that online message changed at one point last week, wording is not the same, but no LUD.
Now the message says that they will notify of a decision in writing.
No time-line any more...

Have no idea what that means, but I hope they will soon mail the approval. It has been almost a month since they received response to RFE.:mad:
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rimzhim
06-07 11:48 PM
www.msnbc.com
www.cnn.com

Cheers!
You mean rust in peace !!!!!!!:D :D :D
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lfadgyas
05-20 10:24 PM
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�

So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?

Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.

So your research might be right about the 240 day thing which could put this into a different level.

I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
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intheyan
06-17 06:37 PM
After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.

Thanks for your replys in advance
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Macaca
03-28 04:27 PM
A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

You can do labor certification without H1 as long as employer is willing.
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pcbadgujar
01-22 03:18 PM
No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.
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akhilmahajan
04-30 10:42 AM
I dont think waiting is a problem, till you know there are people with you..........

Besides the wait will never end even if i get my i140 approved today.............

the whole idea is to get GC, which is a distant dream come true............
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akhilmahajan
04-23 07:55 AM
I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.

I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.

I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.

Thanks.
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leo2606
08-04 08:47 PM
If I were you, I will pay additional $1,000 to USCIS for getting me out of GC mess.

I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

Thanks,


India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
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gandalf_gray
06-02 11:18 AM
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

To my mind, going out of country and reentering is envitable in either situation.

1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

Attorney should confirm this.

2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status


Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
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diqingshen
07-16 09:19 AM
How can we make the scale lean towards our side?
Phone campaign?
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USA2007
08-15 07:38 PM
HI!

I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

Regards,

USA2007
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signin241
07-24 07:21 PM
Hello,

I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


Thanks
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ingegarcia
10-05 02:04 PM
I have some friends that won the lottery in January/06, enter to the USA got their EAD, SSN, and couple of months later they got their green card by mail.:D
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polapragada
10-23 05:56 PM
This seems pretty amazing. I wonder how it will play out in action.

"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





* CONCLUSION

The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

http://shusterman.typepad.com/nation...y-members.html


It is very good law...Thanks for sharing..
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shana04
01-31 01:21 AM
Friends,

Need help and suggestion.

To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

I leave in a single bed room ground floor 785 Sq ft.

I have called the customer service for dispute and investigation.:mad::mad::mad:

Has any one encountered this kind of problems with electricity department. please enlighten !!!

:confused::confused::confused:
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rogerdepena
08-01 10:45 PM
Are you generating the receipt numbers yourself ? :D


just using the code to predict the case numbers.

check it your self. just put any number on the "XX" part and go to uscis.

another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
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07-17 06:17 PM
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