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  • same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.





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  • gcwaiting17
    09-11 12:18 PM
    May be you are right. My EAD got approved and waiting for FP.





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  • Blog Feeds
    06-03 01:20 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) has announced (http://www.aila.org/content/default.aspx?docid=32094) that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.

    The forms scheduled for the transition include:

    I-140 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition for Alien Worker;

    I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Petition for Alien Fiance;

    I-539 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129)

    I-526 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79a7105b5904d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition by Alien Entrepreneur;

    I-817 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8eb3d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)

    This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.





    More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_improving_consistency_an.html)





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  • InTheMoment
    06-15 03:47 PM
    How long ago was this approval done and from which service center ?
    Also do you remember how long it took for the receipt notice ? I hear for PP services one also get a receipt thro' e-mail if provided by the attorney.



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  • ~Kipper~
    04-17 08:49 AM
    its actullay found here on the site. if you look on home page its the image beside site of the week.

    i hope this aint breaking a rule :s





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  • lostinbeta
    10-04 01:37 AM
    OOOO Swirly =)

    I likes :)



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  • peer123
    12-05 06:48 AM
    Hello friends,
    Can any one who has used existing labor please comment of my question

    Regards





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  • codywang
    02-08 11:42 AM
    Hi all,

    My H1 was expired last year with 6 years terms so I used my EAD since last year. Can I go back to H1B still because my i-485 is still pending for renewal another 3 years term? Which law is winning, 6 years H1B if did not continue renew my H1 or I-485 pending so I can continue renew? I have found different attorney have different answer.
    Please also see this link.
    http://www.avvo.com/legal-answers/h1-expired-1-mnth-ago-on-ead--i-140-1-yr-old--chan-199590.html

    Thanks
    Cody Wang



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  • sailor24
    01-09 12:05 PM
    hi everyone,
    great info.
    finally i was able to file my petition as spouse of us citizen. 1400 $!!!
    this is my second time filing papers since 2004. we got denied for no show in interview.
    we been 5 years married and goiing strong.
    i read for one week instructions and self filed it.
    im applicant of adjust status +i131 under spouse of citizen.
    after self filed the papers, they are asking for initial evidence for i-485, wi thout that they cannot give me work permit.
    .i put on support avidavit last year our joint 1040 with 10000 $ .it is not enough so we got joint sponsor, our friend, single with 40000$ at 1040.
    i put my self as household member earning 90%. of 10000$. bad year. my wife could not work for long time.
    the trouble is that income of mine with w2, was expired work permit.
    dont ask me how because i dont know what happened i guess i forgot.:mad:
    i know how stupid of me!!
    they are asking for initial evidence of I - 485, to accept my income as household memeber, which as far as i understand to justify my earnings.
    so i guess im big trouble showing that i worked without authorization.
    please i need heads up.:confused:
    im meeting several lawyers on monday, some of them with consult fee!!
    what are my options????
    any gooood immigration lawyer in tampa, florida.
    please help!!





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  • noida123
    07-28 08:46 PM
    It Depends on the type of security clearance. What is the type of clearance you applied for in your Dept and what agency do you work for and what type of work?

    If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.

    Regards



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  • kirupa
    03-24 11:09 PM
    Added!





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  • desanar
    04-05 08:49 AM
    Please share as much information as you can so it will also help views of this forum.

    Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.



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  • Jeff Wheeler
    04-09 08:04 PM
    Great job both of you, and glad I could offer inspiration. :D





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  • garybanz
    08-30 10:10 AM
    My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?

    One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.



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  • newbie2020
    03-27 11:26 AM
    ASk her to apply for a H4 Visa at local consulate in India. and when she comes to US use the H4 visa papers .....





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  • mygc2006
    05-28 11:02 AM
    thanks Wandmaker!



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  • deardar
    04-20 01:12 PM
    Its Feb 2006





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  • [uber]
    04-09 03:47 AM
    and yes i separated it...


    i got this idea from the ipod chicken sandwhich thread





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  • Pagal
    04-06 05:48 AM
    Hello,

    IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.





    ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.
    http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??





    crystal
    11-12 04:28 PM
    yes
    My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?



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