martinvisalaw
06-12 04:35 PM
You should speak with a contract or employment lawyer in your home state about this. The rules on these agreements vary from state to state, and the agreements are often not enforceable. Even if the reimbursement agreement is enforceable, an employer can never ask an employee to pay the training fee ($1500 or $750, depending on the size of the company).
PS - this should really be in the nonimmigrant visa forum.
PS - this should really be in the nonimmigrant visa forum.
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JazzByTheBay
11-28 11:47 AM
I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
ameryki
03-17 03:01 PM
if you have an approved H1B petition and you use AP to enter do you lose your H1 status?
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phxhyd
09-30 01:44 AM
I�m working for company A and company B has sponsored my GC as future employee and also did a H1 transfer from A but got a big RFE. Now company C is ready to do H1 transfer. Is it a good idea to do so or would get into problems as GC is in process through B? We did I-140 & I-485 concurrent filing and got our EAD�s approved but I-140 is still in pending status. I heard that using EAD is not a good idea when I-140 is pending.
My Attorney is sending a response to RFE but I�m not sure whether it gets approved or not. What happens if B transfer gets approved and would choose to work with B and not use C at all (if it gets approved)?
In the other way, If C gets approved and choose to work with them as the H1 with A expires pretty soon (got to move out) can I comeback to B with a fresh (another) H1 transfer. Please suggest what is the best to do at this time?
My Attorney is sending a response to RFE but I�m not sure whether it gets approved or not. What happens if B transfer gets approved and would choose to work with B and not use C at all (if it gets approved)?
In the other way, If C gets approved and choose to work with them as the H1 with A expires pretty soon (got to move out) can I comeback to B with a fresh (another) H1 transfer. Please suggest what is the best to do at this time?
more...
kunalmeh
06-27 03:51 PM
HI... we get 2 slips.. yellow and pink from HDFC.. I have my yellow slip but lost the pink slip and i have the photo copy of tht pink slip with HDFC bank stamp... will it allow me to enter the consulate at Delhi..?
Bonzer
07-19 10:13 PM
I'm sorry to hear about your mom's situation.
Obtaining the green card doesn't mean your mom has to come here immediately. She can attend the interview and choose to come at a later point. I'm not too familiar with the appointment process/wait times etc but it seems like a lot of hassle to have to reapply.
Is postponement of the interview a choice?
I dont know how long ago you obtained your green card or citizenship but these days it's a loooooooooooooooooooooong wait for the elusive GC. So grab your chance when it comes.
That was my two cents.
Obtaining the green card doesn't mean your mom has to come here immediately. She can attend the interview and choose to come at a later point. I'm not too familiar with the appointment process/wait times etc but it seems like a lot of hassle to have to reapply.
Is postponement of the interview a choice?
I dont know how long ago you obtained your green card or citizenship but these days it's a loooooooooooooooooooooong wait for the elusive GC. So grab your chance when it comes.
That was my two cents.
more...
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10-31 11:01 PM
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byragani
10-08 06:56 PM
SpotAnAnti - Seems like some of the people love to spend life in slavary. Whole world knows about these body shoppers. I am sharing the info so that the people who wants to live freely can get the inspiration. I myself is the victim of these so called "bodyshoppers".
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iheartindia79
12-05 01:37 AM
Check this out
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=189cf48f42466110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
What does this mean
"As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process."
What are the chances for the people who applied on July 1 ?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=189cf48f42466110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
What does this mean
"As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process."
What are the chances for the people who applied on July 1 ?
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minimalist
05-27 01:24 AM
1) what will happen if I dont spend the required time in the US next yr ?
I am not aware of any required time while in adjustment of status. There is on GC but not in AOS pending
2) Can i apply for AP from outside US next yr
No
3) Will i loose my EAD?
There is nothing like losing. If it expires, you will have to renew it.
4) What is the process to re-apply if i will loose it?
N/A
good luck
I am not aware of any required time while in adjustment of status. There is on GC but not in AOS pending
2) Can i apply for AP from outside US next yr
No
3) Will i loose my EAD?
There is nothing like losing. If it expires, you will have to renew it.
4) What is the process to re-apply if i will loose it?
N/A
good luck
more...
arihant
07-31 05:41 PM
This is to track TSC. NSC is sailing ahead with receipt notices while TSC is crawling.
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kondur_007
12-07 09:51 PM
Search this site for "AC 21" and you will get the detailed answer. :)
Good Luck.
Good Luck.
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bestin
05-18 12:10 PM
I would mention NO
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fasterthanlight�
05-16 10:11 PM
Mucho.
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Desi Unlucky
11-11 06:10 AM
After paying $ 30 toward notaries i got to know that AAA does it for free if you have AAA membership.
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FinalGC
03-10 10:39 AM
Sorry you cannot claim. You have been a resident of GA, so rent/meals/commutation/laundry cannot be claimed as deductions in Tax return. You never had a home in NY/NJ. You will surely be a RED flag for IRS. Dont do wrong things to get some money. State the truth and be satisfied of the tax return you get.
However, you can surely ask your employer to give a part of your salary as expense reimbursement, which is legal.
Trust me, you get more tax return here in US, than in India.
However, you can surely ask your employer to give a part of your salary as expense reimbursement, which is legal.
Trust me, you get more tax return here in US, than in India.
more...
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rv485
09-01 12:15 AM
Thanks for your reponse.
What about my wife application should I represent for my wife or Should she represent by herself?
Should I send the self representation letters to the following address.
U.S Citizenship and Immigration Services,
USCIS Texas Service Center,
PO BOX 852685
Mesquite, TX 75185-2685
What about my wife application should I represent for my wife or Should she represent by herself?
Should I send the self representation letters to the following address.
U.S Citizenship and Immigration Services,
USCIS Texas Service Center,
PO BOX 852685
Mesquite, TX 75185-2685
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gman
05-28 10:43 AM
yes, they are very good. PM if you have questions. My company has used them and I have had good experience with them.
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pappu
06-01 01:01 PM
pls post in webfax thread if you have any comments about it. If you want to ask questions to Core, dont start new threads . PM us.
At this time we want everyone to take part in the webfax campaign currently running. It may change next week.
Again, DO NOT ASK for updates. No updates will be given even on PMs or emails. If Core wishes to give update on a public forum or want to make an information public, we will do it on the website.
-Admin
At this time we want everyone to take part in the webfax campaign currently running. It may change next week.
Again, DO NOT ASK for updates. No updates will be given even on PMs or emails. If Core wishes to give update on a public forum or want to make an information public, we will do it on the website.
-Admin
alterego
05-04 11:55 AM
You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Blog Feeds
06-11 08:20 PM
Today I will be giving a presentation on immigration law along with my colleague, V. Thomas Langford, to the Air Force JAG serving at Travis Air Force Base in Fairfield, California. The Air Force JAG Corps are lawyers who provide legal advice to those serving in the Air Force.
Our training today will focus on the basics of immigration law. We will be covering family-based immigration law and outlining the procedures involved in petitioning for a family member to immigrate to the United States. We will also be talking about the Violence Against Women Act ("VAWA") and how an individual may self-petition for immigration status if he or she has been the victim of abuse or mental cruelty. Finally, we will discuss the naturalization laws as they apply to those serving in the military at a time of a conflict.
It seems that I always learn something while preparing for a presentation. While preparing for this one, I learned that staff from USCIS in Sacramento go to Travis Air Force Base twice a month to interview applicants for naturalization and administer the oath of citizenship on the same day. Kudos to USCIS for taking the time to do this. USCIS has an entire website page devoted to military naturalization ceremonies (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b309f22ae951210VgnVCM1000004718190aRCR D&vgnextchannel=0a9ab58f71e14110VgnVCM1000004718190a RCRD) performed in May 2009. Included on it is the photo taken at Travis.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/immigration_training_at_travis.html)
Our training today will focus on the basics of immigration law. We will be covering family-based immigration law and outlining the procedures involved in petitioning for a family member to immigrate to the United States. We will also be talking about the Violence Against Women Act ("VAWA") and how an individual may self-petition for immigration status if he or she has been the victim of abuse or mental cruelty. Finally, we will discuss the naturalization laws as they apply to those serving in the military at a time of a conflict.
It seems that I always learn something while preparing for a presentation. While preparing for this one, I learned that staff from USCIS in Sacramento go to Travis Air Force Base twice a month to interview applicants for naturalization and administer the oath of citizenship on the same day. Kudos to USCIS for taking the time to do this. USCIS has an entire website page devoted to military naturalization ceremonies (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b309f22ae951210VgnVCM1000004718190aRCR D&vgnextchannel=0a9ab58f71e14110VgnVCM1000004718190a RCRD) performed in May 2009. Included on it is the photo taken at Travis.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/immigration_training_at_travis.html)
