deecha
07-21 08:09 PM
First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
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VivekAhuja
02-25 11:53 PM
This idea will just put another layer on the GC process. If you are going to make a rule/law to allow this 5 year EAD and new status, why not instead change the LAW to allow higher numbers of yearly GC cards or remove the country based limits.
LC -I140 - I485 -AOS - Do we really want another layer?
LC -I140 - I485 -AOS - Do we really want another layer?
+ve
04-28 03:57 AM
You are eligible to apply under masters quota. There is no special form for the masters cap. However, lets hope that your attorney has checked the box of h1b for "US Masters" and send application to USCIS with ATTN: H-1B U.S. Masters Cap
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3df261151e821110VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks a million for answering...was waiting for an answer on this one..by the way i recd my registration receipt yesterday after 4 weeks..however still waiting & praying for an approval from USCIS.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3df261151e821110VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks a million for answering...was waiting for an answer on this one..by the way i recd my registration receipt yesterday after 4 weeks..however still waiting & praying for an approval from USCIS.
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sanju_dba
12-19 01:47 PM
Dear Core Members, Can we bulk email to our members on the list for every contribution a mameber makes, that adds up to the motivation.
Thanks for all your Help!
Thanks for all your Help!
more...
dohko
04-25 10:00 AM
Has anyone received an H1B Masters Quota filed with NO premium processing Receipt?
kate123
03-06 03:51 PM
Voted! Thanks.
Kate123. Could you please vote?
Kate123. Could you please vote?
more...
ps57002
09-08 05:46 AM
Whatever/whoever it is, it does work in stiring people up. Has me all worked up. Going to go put up flyers. Going to join thread contributing $ to help someone else attend the rally....
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gauravsh
08-12 05:46 PM
How did you get the job? Can you send us the name and contact information of the recruiting firm please?
I was mainly through internal references. If you need your resume to be forwarded by my references in there company, I will be glad to help.
I was mainly through internal references. If you need your resume to be forwarded by my references in there company, I will be glad to help.
more...
english_august
07-04 01:28 PM
Can the owner of this thread please have just the following:
1. A single post containing the basic information about delivery name, address, message, occassion, and delivery date.
2. Just the poll to track the number of people who've sent flowers.
Then we should just start sending emails to friends with the link to that thread.
Please let us make this work. I will try and see if I can alert some media people about this. We need at least 100+ bouquets to make this work. Lets move fast.
1. A single post containing the basic information about delivery name, address, message, occassion, and delivery date.
2. Just the poll to track the number of people who've sent flowers.
Then we should just start sending emails to friends with the link to that thread.
Please let us make this work. I will try and see if I can alert some media people about this. We need at least 100+ bouquets to make this work. Lets move fast.
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starlite
07-21 12:00 PM
I am new to this forum, so I am joining this tread.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
more...
amits
03-09 01:56 PM
I just contributed $50 for this effort through PayPal.
Unique Transaction ID # 5F799*******1032X
Unique Transaction ID # 5F799*******1032X
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Powersa
07-17 07:29 PM
Thank you all!!!
Kudos!!!
Kudos!!!
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jayleno
02-25 10:10 AM
Great Idea. We can have a poll on this just to see how many support this.
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boreal
03-06 07:42 PM
$25.00 from my side, let us know how to pay..
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msp1976
12-20 08:50 PM
I contributed $100 today...
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santb1975
11-16 11:48 AM
Can members donate 50$?. Can we have a 50$ option as well?. I tried to see if paypal would let me change my amount but it did not.
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punjabi
08-14 12:18 PM
I filed 485 myself and the checks were encashed yesterday. My petition reached NSC on July 2nd and I-140 was approved from NSC.
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alien007
04-15 11:09 AM
Plainspeak says.."As far as i know the whole MS F1 visa is a big scam and loophole to enter us and stay here when you are not supposed to and that is the loophole that needs to be closed first instesad of worrying about fruad porting and EB1 fraud. Closing thsi student GC loophole will clear up the whole EB retrogression mess "
F1 is not a scam. its legal visa. once u enter into usa on F1, u can stay here to study. while doing MS, u can also work on CPT legally. after completion of the MS degree, it is legal to stay on OPT and work. recently the US govt has increased the OPT period from 12 to 29 months. again its legal. its legal to apply for H1B while maintaining a proper F1 status or OPT.
People who dont like this.... dont either because they dont understand F1 very well, or just plainly speaking jealous or out of their mind.
i guess we should be happy if someone is making progress legally even if we are not in the same boat.:)
F1 is not a scam. its legal visa. once u enter into usa on F1, u can stay here to study. while doing MS, u can also work on CPT legally. after completion of the MS degree, it is legal to stay on OPT and work. recently the US govt has increased the OPT period from 12 to 29 months. again its legal. its legal to apply for H1B while maintaining a proper F1 status or OPT.
People who dont like this.... dont either because they dont understand F1 very well, or just plainly speaking jealous or out of their mind.
i guess we should be happy if someone is making progress legally even if we are not in the same boat.:)
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tdasara
02-02 09:04 PM
50,000 unused visas were given to Schedule A in 2005. When the bill was first introduced the unused visas 100,000+ was supposed to go to EB3 since there was retrogression in just EB3 category and Schedule A was part of EB3.
After debate for a few days 50,000 of these were allocated to Schedule A and the EB3 retrogression was forgotten and never been fixed since.
Hope this doesn't happen again.
There are around 100,000 unused visas...am not sure if anyone takes UCSIS to court if these can be reallocated.
UNUSED VISAS WERE DUE TO uscis INEFFICIENCY!!! Make sense if they make amends.
After debate for a few days 50,000 of these were allocated to Schedule A and the EB3 retrogression was forgotten and never been fixed since.
Hope this doesn't happen again.
There are around 100,000 unused visas...am not sure if anyone takes UCSIS to court if these can be reallocated.
UNUSED VISAS WERE DUE TO uscis INEFFICIENCY!!! Make sense if they make amends.
eldrick
07-20 05:22 PM
I was confused because of this statement which is stating 60 days only -
For a new H1B, a grace period of up to 60 days is allowed before you can start work after entering the country.
One more thing I'm sorry. Last April(last entry date) when I came back after vacation, I transferred to a new company, after I got the receipt number they asked me to start working (that was around April too). Until now, I haven't received any approval yet. What should I enter in my present employer details, my old company or new company (wherein my transfer is still in process)?
Thanks again.
For a new H1B, a grace period of up to 60 days is allowed before you can start work after entering the country.
One more thing I'm sorry. Last April(last entry date) when I came back after vacation, I transferred to a new company, after I got the receipt number they asked me to start working (that was around April too). Until now, I haven't received any approval yet. What should I enter in my present employer details, my old company or new company (wherein my transfer is still in process)?
Thanks again.
govindk
11-26 11:02 AM
Contributed $100 just now. Google Order #626789966911111
Thanks IV for all your efforts
Thanks IV for all your efforts
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