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  • 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?




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  • kondur_007
    08-18 09:58 AM
    Here is my opinion:

    I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.

    First of all, I dont think this is a major deal. You can do one of the two things:

    1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).

    2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.

    I would personally go with option 1 if the nearby international airport is not too far.

    In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.

    Hope this helps. Good luck.




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  • ags123
    09-02 09:02 AM
    Another amazing day is about to dawn on us :)
    I should clarify 2 items on the poll:
    a) I have compressed 3 mini polls in one to get max info. So percentages wont make sense.
    b) The post jan 15th 2005 is to know how many approvals did not have PD current. I see 4 people voting for it. I am not polling who is waiting with post jan 15 2005 PD.




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  • anilsal
    03-13 10:59 PM
    that is available to applicants in research (such as doctoral students).

    Murthy.com has information here:
    MurthyDotCom : Employment-Based Immigration (http://murthy.com/eb1opr.html)

    Additionally, you can always apply in EB1 Extraordinary Ability if you have outstanding qualifications (almost matching that of a Nobel Prize Winner or you are the top of your industry).

    EB1-EA tips (http://bit.ly/dophyK) (<= Look here for tips)

    Just a mere Doctoral degree does not get you qualified for EB1. You need the publications as well as recommendation letters from industry experts. :)



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  • canmt
    11-14 08:50 AM
    EB2 India Priority Date: 06/2003
    I140 Approval Date: 01/2007
    I485 Receipt Date: 02/2007
    FP Notice: 02/2007
    EAD Approval: 03/2007
    AP Approval: 03/2007
    AC21 & G28 Revoked: 10/2007
    I485 RFE on AC21: 10/2007
    I485 RFE Replied Date: 10/2007 (Self)
    1485 Card Production Ordered (No Email): 11/2007
    1485 Approval Notice Sent (With Email): 11/2007
    Soft LUD: 11/2007
    Card Received: 11/2007
    Welcome Letter Received (No Email or Status Update): 11/2007




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  • vanantwj
    April 28th, 2004, 05:45 PM
    Thanks! I just ordered one from there.

    No USCIS press release update? [Archive] - Immigration Voice

    View Full Version : No USCIS press release update?




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  • sku
    12-25 03:19 PM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?




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  • eilsoe
    10-09 08:03 AM
    why not?



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  • anilsal
    08-16 02:31 PM
    http://immigrationvoice.org/forum/showthread.php?t=12440




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  • austingc
    05-03 12:52 PM
    Hi Gurus,

    My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.

    She has to travel back due to some personal reasons.

    Please advise.

    Thanks
    yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.

    So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.



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  • sathyaraj
    11-16 11:06 AM
    When you apply for renewal. The new EAD card will be issued after the date of expiry of the current EAD card, so there is no need to worry. Pl. make sure that you file as renewal.

    You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.




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  • newtoearth
    03-11 07:41 AM
    Dear fellow IVians/ Lawers.....

    Please help me

    I am on my H1B 6th Year Ending and my H1B valid till 2012 Sep 30 with my Current employer company A Which is a desi consultancy company.

    I have a approved I140 with company A. With PD of March 2008. I 140approved in OCT2008
    Cargability - India
    I485 - Not yet filed:o
    ----------------------------------------------------------
    on March 1st company A announced that they will be merging with company B.

    Company B Sent us an E-mail saying that they are acquiring resource group of company A.

    :confused::confused:

    When we questioned our old employer company A, they told us that yes company A will remain in existence but all human resources will move to company B :mad: All other assets and liabilities will stay with company A.


    -------------------------------------------------------------------------------------------
    I am in lots of confusion...and questions...heap of troubles it seems...
    Please tell me

    1. This Situation can be called/categorized as Aquisition/Merger?
    2. Will my I140 quilified for Successor of Interest if company B is ready to take over and sponcer GC for me?
    3. Or do I need to go thru the whole process of ADS, PERM, I140 path to come to current state?
    4. What happens if my PDate (Old, and assuming that in either case I can port my PD??) is current before company B's I 140 got approved? Can I file I 485 based on my company A I140 As company A still exists???
    Are there any complications involved in this?

    5. I am assuming that I am qualified to entitile 3 Year H1B visa with company B based on my company A approved I 140. am I correct?

    6. What happens if company A is going for bankruptcy before my H1B transfer?

    7. What happens if company A is going for bankruptcy before my I140 approved with company B and port I140 PD?

    8. also I heard that Company A may required to pay some amount to the employees(20K ??)? Any idea on this?


    Kindly help me!!!

    Thanks in advance....



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  • loudobbs
    08-28 12:56 PM
    sure...attend the Immigration Rally!!

    what to do after attending the rally?:D




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  • validIV
    03-11 01:48 PM
    Why not petition a GC for your mother and son? You are a US citizen petitioning their parent. It should be a fast process. And your son, if born after you became a citizen, might be entitled to US citizenship. I encourage you to talk to an immigration lawyer. I'm sure you have many options available to you.



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  • finimits
    04-25 03:17 PM
    Ssashraf, please don't answer a thread question with another similar question. I'm not sure it helps much. In forum posting, that usually leads to disinterest and 'dead' threads where none of the questions are really answered.
    I would either wait for at least one answer or creat a new thread.
    Thanks!




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  • srikondoji
    06-27 01:19 PM
    Can i file for I-485 while my H1-B extension petition is pending?
    Should i premium process my H1-B petition before i can be ready to file my I-485 in july?

    Thanks
    sri



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  • factoryman
    06-21 02:36 PM
    I did stay at Holiday Inn last night.

    Please advise,
    I had a citation 3 yrs back and I paid fine in the court for tresspasing...
    Is this going to be effect on my GC process..I am preparing to apply I-485

    Thanks in Advance




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  • chikusri
    05-15 05:29 PM
    Dear All:
    I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).

    I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?

    And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.




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  • sundar99
    02-27 01:41 AM
    http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2

    Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !

    Folks,


    RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.

    Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?

    Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !

    I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !

    Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?




    dealsnet
    09-10 12:48 PM
    Nobody can file I-485 before their PD is current.
    You need to wait 4+7 years to file I-485.
    Till that point, you need to maintain a legal status here.




    sunny1000
    09-13 02:37 AM
    Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.

    http://www.youtube.com/watch?v=0ZWdDI_fkns

    Good luck on the 18th.

    P.S: I can't go as I have a date with the court.



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