chanlal
07-31 04:32 AM
Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.
Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.
2, Offer letter with agreement of employment just before going to us consulate for stamping.
I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.
BG got expired on last month and now they want me to travel to US immdly.
If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.
I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.
Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.
Thanks
Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.
2, Offer letter with agreement of employment just before going to us consulate for stamping.
I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.
BG got expired on last month and now they want me to travel to US immdly.
If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.
I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.
Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.
Thanks
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vikramy
06-22 10:22 AM
Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
rogerdepena
08-01 10:17 PM
i guess they are already issuing receipt number for I485 received aug. 1, 2007. so where is mine????
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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Beemar
01-31 10:42 PM
I feel stupid replying to this totally irrelevant thread, but I will reply any way. Your bill is for two and a half months duration. That makes it a monthly bill of around $350-360 or so. These are winter months, meaning you must be operating heater full time. If you heater is on a "always on" setting instead of "auto" setting, and you happen to keep any windows in your apartment open all the time,then that alone is sufficient to do you for. Also, if your kitchen burners/oven run on electricity instead of gas, that could also jack up the bill. Taking into account all these factors, it does not sound all that unreasonable, does it? Just check these points before shouting murder.
more...
prash20
05-29 09:26 PM
the reason for denial was regarding the Company B , they were saying that Company B doesnt qualify as a employer or agent so cannot employ me
The transfer was from Company A h1 to Company B h1 not from university h1 to compnay B h1
The transfer was from Company A h1 to Company B h1 not from university h1 to compnay B h1
smiledentist
06-14 01:45 PM
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
more...
thamizhan
07-18 10:47 AM
Another one...
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
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newuser
07-11 02:30 PM
Count me in. Just sent a PM
more...
gauravster
10-04 03:18 PM
1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
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chanduv23
09-05 11:54 AM
ALL IV MEMBERS AND ENTIRE IMMIGRANT COMMUNITY MUST MUST MUST FOCUS ON STRIVE ACT.
This is our top most priority.
The rally has been perfectly timed. We must make this a big success.
So please participate in the rally.
This is our top most priority.
The rally has been perfectly timed. We must make this a big success.
So please participate in the rally.
more...
yagw
08-04 06:33 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D
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sheela
04-16 03:48 PM
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
Thanks
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
more...
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tabletpc
05-28 11:43 AM
gc_on_demand
when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
or can I jsut apply for 485 with previous company labor and i-140 approval...??
when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
or can I jsut apply for 485 with previous company labor and i-140 approval...??
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sandy_anand
04-07 09:25 AM
I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
Kate, do you personally know the two cases? Just curious. Thanks!
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
Kate, do you personally know the two cases? Just curious. Thanks!
more...
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Catherine
06-27 11:16 PM
Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.
I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.
Fingers crossed...
I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.
Fingers crossed...
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Berkeleybee
02-09 07:17 PM
This letter is superb, we should include a copy of in our materials for lawmakers -- because it highlights the black box issue at the BECs
best,
Berkeleybee
best,
Berkeleybee
more...
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va_il
05-16 02:46 PM
Hi,
Our 485 is pending for quite some time with no updates even though we recently went for our FP. Earlier we used to see an update when we log into our account on USCIS.
I would like to meet with Congressman/Senator to find my case status and give it a push. My objective is to get an exact status of my case and why its delayed and also to find the name check status.
Could anyone please suggest how to go about this i have never met with lawmakers before. How should i book an appointment and what should i say it is for? What information they would need from me to pursue my request?
Btw i live in Northern Virginia .. who should i visit ?
Would i be meeting with lawmaker or only with their staff?
Do i have to take the USCIS and FBI contact info for them to call? Mine is pending in NSC.
Appreciate any guidance in this regard from people who has gone thru this path before. I hope contacting Congressman wouldn't have a negative effect on my case.
-A
Our 485 is pending for quite some time with no updates even though we recently went for our FP. Earlier we used to see an update when we log into our account on USCIS.
I would like to meet with Congressman/Senator to find my case status and give it a push. My objective is to get an exact status of my case and why its delayed and also to find the name check status.
Could anyone please suggest how to go about this i have never met with lawmakers before. How should i book an appointment and what should i say it is for? What information they would need from me to pursue my request?
Btw i live in Northern Virginia .. who should i visit ?
Would i be meeting with lawmaker or only with their staff?
Do i have to take the USCIS and FBI contact info for them to call? Mine is pending in NSC.
Appreciate any guidance in this regard from people who has gone thru this path before. I hope contacting Congressman wouldn't have a negative effect on my case.
-A
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krishnam70
07-09 12:45 PM
I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.
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plreddy
08-04 05:38 PM
Same thing here also. My GC (primary ) was approved on 11-Aug-2008 and my wife's 485 is still pending. We went to India in November 2008 and returned back after 1 month. No questions were asked about my wife's AP.
Thanks
PL Reddy
Thanks
PL Reddy
royus77
05-28 11:19 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
helterskelter
06-23 08:33 AM
Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)
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