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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number30
08-23 07:26 PM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
vaishnavilakshmi
06-22 08:18 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
hi,
we are in the same boat and our lawyer also say the same!
vaishu
hi,
we are in the same boat and our lawyer also say the same!
vaishu
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varshadas
01-16 09:01 AM
I will join as well.
Thanks,
Varsha
Thanks,
Varsha
more...
masti_Gai
10-27 10:15 AM
Finally u got ur approval. Good for ya.
well applyin SSN isn't that difficult.
U'll get it in a span of 4 to 6 weeks.
well applyin SSN isn't that difficult.
U'll get it in a span of 4 to 6 weeks.
heywhat
08-15 03:08 AM
Your priority date is Aug-2007 and all categories are unavailable in August Visa bulletine....
:(
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
:(
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
more...
vin13
05-17 11:17 AM
With the possiblity of the annual spillover coming up soon, wanted a quick poll to see the upcoming PD distribution within the IV community. EB2-India and waiting for adjudication only please (we can start another one for EB3-I & ROW)
USCIS provides pending 485 inventory
DOS issues demand data used for monthly visa bulletin calculations.
When these informations are now available, there is no use/need for a poll of this kind. It boils down to why take sample data when you have complete data provided by USCIS and DOS.
USCIS provides pending 485 inventory
DOS issues demand data used for monthly visa bulletin calculations.
When these informations are now available, there is no use/need for a poll of this kind. It boils down to why take sample data when you have complete data provided by USCIS and DOS.
2010 Step 1: According to your
vinzak
02-19 10:01 AM
Canada needs a transit visa even if you have a US visa stamped on yr passport. This applies even if you're staying inside the airport and not going through Canadian Immigration.
more...
humsuplou
11-16 06:29 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
hair THE FIRST STEP
ivuser9
09-25 09:34 PM
we need to wait till we get the letter from USCIS to see what they requested for... it is typically an RFE
Good luck
Good luck
more...
mkrisa
08-07 09:34 PM
Guys, I have some questions?
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
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giveme_gc
10-17 02:38 PM
I have got federal loan under this same situation. Wondering why you need a private loan ?
more...
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slc_ut
09-02 04:48 PM
I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
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Anders �stberg
April 2nd, 2004, 11:44 PM
So-so pictures... ;) The telephone lines are kind of interesting, I think it may have been better to see the ground as well.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
more...
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satishku_2000
07-12 01:52 PM
They might accept the application but send in an RFE with a request to pay the difference ;)
Wish USCIS accepts applications after 27th and ask for the fee difference .. Win Win for all if the fee was the concern for USCIS .. hehe:D :D
Wish USCIS accepts applications after 27th and ask for the fee difference .. Win Win for all if the fee was the concern for USCIS .. hehe:D :D
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digital2k
08-01 09:22 PM
*
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la_guy
06-27 06:43 PM
From immigration-law
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
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mhathi
08-26 02:37 PM
Sounds like you already have a lawyer, follow their advice. It looks like the RFE is to ensure that you are directly working for the sponsoring company. A letter to that effect from your supervisor should suffice in this regard. I doubt this has anything to do with the OPT/e-Verify stuff you mentioned.
However, I am not a lawyer, so I would suggest follow your/company lawyer's advice.
However, I am not a lawyer, so I would suggest follow your/company lawyer's advice.
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snathan
02-15 10:01 PM
Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". One education evaluator said my degree is equivalent to electrical engineering which I disagree. I believe it is equivalent to Computer science. So two questions:
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
vandanaverdia
11-14 08:02 PM
U & I together can make a difference...
IV needs "YOU"
Help IV help you...
IV needs "YOU"
Help IV help you...
mnq1979
12-20 08:13 AM
thank you so much for the reassurance, have been getting mixed reports of immigration officers denying re-entry, so am a little perturbed :) dont want to be stuck in a situation where i cannot re-enter :)
dont worry.....you shd be fine...think +ve and remain +ve...!!!!!!!!!!
dont worry.....you shd be fine...think +ve and remain +ve...!!!!!!!!!!
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