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Posts posted by Don'tAbuseVisa's

  1. Yes you can get your money back, complain on WH4 to DOL and give all the evidence and show the proof that you have given money for your H1b and even if you are on bench your employer should pay as per the law so if you complain with all details and proof, this employer get punished, so before you leave to india please do this.



  2. 1. You cannot transfer without approval, you have to work for the sponsoring company first before transfer

    2. You need H1B approval package which your consulting company should receive and pay checks atlease 3 and rest everything new company should take care

    3. i dont think you can do that but please check with murthy attorney, you can take 20 mins phone consultation

    4. If it rejects you can apply next year

    5.no, you cannot apply this year again


    please consult a attorney before just trust forums


  3. EB2 Based on BS Degree Equivalent Plus 5 Years Experience. Alternatively, EB2qualification includes a position requiring a U.S. bachelor's degree or its foreign equivalent and five years of progressive (i.e. post-baccalaureate) experience.


    EB3 Green Card Requirements

    To qualify for an EB3 Green Card, the applicant must have a permanent, full time job offer from a US employer for which qualified workers are not available in the United States.

    Professionals must possess a baccalaureate degree, or degree equivalent, that is required for entry into their occupation.

    Skilled Workers must be able to demonstrate at least 2 years of job experience or training.

    Other Workers must be undertaking unskilled labor that requires less than 2 years of training or experience.

    US Green Card applicants will also need to meet health and character requirements.

  4. your option is to find some good employer and transfer H1 and then start fresh perm. think about the future, you want to get denied and loose eligibility of 7th year h1b extension by staying with shady consulting companies or better move to good companies and you may be bit delayed in getting GC but atleast no audits and you can stay in USA by extending your H1 with approved i140

  5. No other option unless employer badly needs your skill-sets and experience. i won't recommend this to anybody but if the new employer is big and reputed company and direct employment and if you don't have any previous RFE's with USCIS and if you have all proper documentation, you can convince them by saying that you can start working on the basis of receipt notice but still risky, you may get RFE during transfer or it may get denied after several months of transfer process so you have options but up to you or you can schedule a quick consultation with Murthy and get suggestions from their very helpful attorney's.

  6. I agree you waited for too long and you might get RFE

    Unless you are in 6th year of H1B don't worry about i140 just move on to new company, lot of people do the same mistake and they stuck at same shady consulting companies just because they start GC early and that's their way to take advantage of people. first get good job and good employer and then think about GC anyway's it's a long queue for GC

  7. Nope, you can't stay without payroll, Employer A did as per legal, company has to inform USCIS once you are no longer with them.

    Now you have to get paid by company B (even if you are on bench) and run payroll and then find some real company to transfer.

    Get help from murthy attorney's. 

  8. 1. yes your new employer has to start fresh GC processlike PERM and once i140 approved your PD should be bale to port as previous one

    2. If your new employer is very reputed and big company and if your are joining as FTE with no prior incidents with USCIS you can join based on receipt notice. If its a small consulting firm, i would not recommend to join anybody on receipt notice with the absence of premium processing.

    your new company has to transfer and extension at the same time.

  9. That's risky, you never know once your company A informed the USCIS that your no longer working with them and for some reason if your H1 transfer gets rejected then it makes things complicated better start working after H1 transfer completes or your company B is very big and well known you can start working on receipt number since they will have good attorneys with them to take care.

  10. are you new to H1B? please do some research before apply any VISA, without recent pay slips you will get RFE and it will get rejected if you say your employer did direct deposit to in bank but not running your payroll so i would suggest, work for same employer for 3-4 months more and ask him to run payroll and then find some real employer instead of shady consulting company. also i would recommend to contact immigration attorney from murthy.