zCool
04-02 11:39 AM
Paystub is really required document in tax law.
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"
http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html
If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.
Put his name on the boards annonymously..
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"
http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html
If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.
Put his name on the boards annonymously..
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Legal_In_A_Limbo
01-14 05:55 PM
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
eb3retro
08-21 01:15 PM
1) Are there any issues traveling on AP under the following circumstances??
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
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prem_goel
07-20 09:30 PM
Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.
more...
nashim
07-14 09:53 AM
for Consular Processing case, candidate has to be in out USA or is it ok be in USA and file for Consular Processing?
hoolahoous
11-11 09:08 PM
there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.
PS: I am not a lawyer, so this is not a legal opinion.
PS: I am not a lawyer, so this is not a legal opinion.
more...
yetanotherguyinline
04-15 01:04 PM
I had the same issue and I just sent in paper returns.
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martinvisalaw
03-16 04:27 PM
1) Since she doesn't have any paystub/w2, is it possible to do COS?
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
more...
grupak
11-21 11:15 AM
Happy Thanksgiving!
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saketkapur
08-18 06:22 PM
please pardon my ignorance but I was under the assumption that labor subsitution policy was discontinued by the USCIS on july 16 2007...........
please correct me if I am wrong or not reading the particulars of this case correctly.......
please correct me if I am wrong or not reading the particulars of this case correctly.......
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lost
01-27 02:01 PM
congratulations!
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PDOCT05
10-31 09:54 AM
^^^bump^^^^^^^^^^
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jsb
09-03 10:26 AM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
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hindu_king
11-11 12:29 PM
Go for it man! this is why you wanted the GC...so you can do whatever you want. enjoy your freedom and its about time to pursue your dreams and make some money.
more...
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inthehole
08-24 01:22 PM
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.
I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.
I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.
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wandmaker
10-26 11:00 AM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
more...
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suriajay12
02-12 08:12 AM
How about sending 100 thousand roses to WHITE HOUSE on the same day?
I am in for Gandhigiri. I remember we celebrate aniversaries of the success we had when we did this 1st time and only time. Its time we do it again.
I know many people whose cases are ready to be adjucated are keeping a silent note core members or others, and they will become active again when numbers become unavailable.. which makes sense like in many cases. What will you do if your date is current.. be very hopeful for hearing the good news.. and not try to get ANY attention, . right.. Sorry if I hurt anyone,. but what are we waiting for.. economy to pick up??.
But I know many people out there are not even close to or hopeful if the numbers become current.. LETS DO IT. We request IV core to come forward and start a campaign. Please help.
The below is from immigration-law.com and they too feel that priority #1 doesnt mean others have to sleep.. Please act fast.
02/11/2009: Three More Private Bills Introduced in the House 02/10/2009
As we reported earlier, failure of the Congress to fix the broken immigration system apparently induces members of the Congress to introduce private bills almost every day in session. We admit that under the current environment of historical economic crisis and rising unemployment, economic stimulus and financial bailout should be the top priority for the government's agenda. However, it does not mean that the other important parts of the nation's policies should remain on hold. We have learned a lesson from the past eight years that leaders' total obsession with only one agenda, "war," led to neglecting of almost all other parts of the country's policies and people's life , including deteriorating economic competitiveness, education, healthcare, arts, etc. and the country is now paying its price. Look at the state of our country's education. Priority in policies should not mean that all other important nation's agenda should remain in standstill.
I am in for Gandhigiri. I remember we celebrate aniversaries of the success we had when we did this 1st time and only time. Its time we do it again.
I know many people whose cases are ready to be adjucated are keeping a silent note core members or others, and they will become active again when numbers become unavailable.. which makes sense like in many cases. What will you do if your date is current.. be very hopeful for hearing the good news.. and not try to get ANY attention, . right.. Sorry if I hurt anyone,. but what are we waiting for.. economy to pick up??.
But I know many people out there are not even close to or hopeful if the numbers become current.. LETS DO IT. We request IV core to come forward and start a campaign. Please help.
The below is from immigration-law.com and they too feel that priority #1 doesnt mean others have to sleep.. Please act fast.
02/11/2009: Three More Private Bills Introduced in the House 02/10/2009
As we reported earlier, failure of the Congress to fix the broken immigration system apparently induces members of the Congress to introduce private bills almost every day in session. We admit that under the current environment of historical economic crisis and rising unemployment, economic stimulus and financial bailout should be the top priority for the government's agenda. However, it does not mean that the other important parts of the nation's policies should remain on hold. We have learned a lesson from the past eight years that leaders' total obsession with only one agenda, "war," led to neglecting of almost all other parts of the country's policies and people's life , including deteriorating economic competitiveness, education, healthcare, arts, etc. and the country is now paying its price. Look at the state of our country's education. Priority in policies should not mean that all other important nation's agenda should remain in standstill.
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sunny1000
05-15 01:55 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
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pkv
07-11 03:09 PM
NDTV wants to talk to members from New York from diverse nationalities. She already has one person lined up for a TV shoot today. This must happen today.
Prerequisites:
- Must have participated in flower campaign
- Must be in New York
- Must be from "diverse" nationalities
Details:
Sarah Jacob
Special Correspondent, NDTV.
172 Ludlow St, 3A
New York, NY 10002
646-280-6993
sarah AT ndtv.com
What are you guys excited about??? NDTV!!!! they broadcast in India, how does it makes a difference if Indian people come to know about our problems????
This does not serve any cause, though it may give some fame to immigrationvoice.org, which I think is useless if its not serving to cause.
Prerequisites:
- Must have participated in flower campaign
- Must be in New York
- Must be from "diverse" nationalities
Details:
Sarah Jacob
Special Correspondent, NDTV.
172 Ludlow St, 3A
New York, NY 10002
646-280-6993
sarah AT ndtv.com
What are you guys excited about??? NDTV!!!! they broadcast in India, how does it makes a difference if Indian people come to know about our problems????
This does not serve any cause, though it may give some fame to immigrationvoice.org, which I think is useless if its not serving to cause.
diptam
06-26 04:07 PM
I work for a wierd desi company - They are okay payment wise ( though they also make lot of money out of me) but 485 fees they dont want to take up right now.
for me company is paying for everything except medical..
for me company is paying for everything except medical..
go_getter007
12-20 11:48 AM
You can change your address online or also by calling the USCIS. I did the latter in my case a few months ago. Once the system is updated by a USCIS customer service rep to reflect the new address, you'll get an email notification, if you have that feature activated on the USCIS site/your application portfolio.
Good luck.
GG_007
PS: Not a lawyer, just my personal opinion.
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
Good luck.
GG_007
PS: Not a lawyer, just my personal opinion.
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
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