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immijam

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Posts posted by immijam


  1. 15 hours ago, Kumar_91 said:

    @immijam

    the statement generated dummy paychecks for me I meant: he sent me paychecks / paychex official paychecks in my account when I logged on to website and when I asked to give my pay. 

    Then you are safe - if you pointed out at the right time...showing they paid when you actually didn't get deposit in account is violation - should report asap 


  2. 19 hours ago, Kumar_91 said:

    Hi Members,

    I am needing your suggestions. I worked for a employer for 15 months and he is not paying me last 3 months salary when I quit his company on really good terms. My h1b got approved from another employer so I moved to another company. I texted/called several times, emailed many times regarding my salary but he never answer my call and I am really tired, became emotionally low. 

    Additionally he filed my h1b wrong and it got rejected twice and I do have the petition copy, RFE copy of their wrong filing for the second time when they filed in 2018. Previous year it got rejected too and came to know they used different wrong company template.  2017 was my first year of filing I was not able to see the petition and rfe. They filed an MTR for me so I had to stay in their company and they told they would withdraw my MTR if I move to a different employer. USCIS took several months to process the MTR for the first year and the next year of filing approached immediately so I had to stay with this employer hoping my MTR will be approved.

    Finally, I am glad that I moved out of his company. Now I am determined to fight for my loses. Please provide me suggestions and refer me to any aggressive Lawyer who can bring this employer down so no other employee can suffer under him.  Last few weeks I gathered several evidences about their company. I have solid proof. what are my options of suing him and what all departments I can reach-out to file complaints against him. He generated dummy paychecks for me and those wages were reported on my w-2 as well but I have not received the amount.

    I am fighting for my last 3 months salary. I was on 80-20 percentage basis all the time but he runs payroll for 70 percent only and give the rest as bonus for every 3 or 4 months once and he never gave that amount. 14K bonus I need to get. 

    thank you all

    ...all that you described potentially sounds like fraud and illegal, "generated dummy paychecks for me" - is a serious issue and you knowingly /willfully didn't do anything about this until you had a fall out with your employer. This could backfire against you, but we don't know unless someone reviews your circumstances. 

    You should immediately inform and report to DOL and USCIS (and save yourself). For attorney, you really go with any attorney with good reviews. 


  3. 12 hours ago, Gopakumar Nair said:

    Dear Sir/Madam,

    I have a question regarding the need for filing an H1 amendment in my case.

    Query -

    If my client changes from A to B and my work location also gets changed, but my new work location is going to be within 25 miles from current work location. My current work location is in Charlotte, NC.

    If my new client's (Client B) work location is also within same (MSA - metropolitan statistical area), in that case will I require to file an H1 amendment as my client will be changed or its not required as it still falls under same MSA ?

     

    Thank You,

    Gopakumar

    It doesn't hurt would have been my opinion pre-2017, but given current times (& rate of rejections) not worth the risk, unless you are going for stamping (and need to carry a new client letter), or there is a spot check that has caused issues. There is an online memo that states it maybe allowed, but that's always interpreted different ways by different attorneys. 

    Ps: If your salary &/or title has changed, you should surely file for amendment.  


  4. On 3/25/2019 at 7:37 PM, Sj15 said:

    B2 Visa has been rejected for my brother second time. The first attempt was 2 years ago with my parents. Parents accepted and his visa was denied. Questions asked to him: where do you work?

    The visa interview this time was as follows:

    VO: What is the purpose of your visit?

    Bro: Sister is graduating from XXX university (a reputed university) next month. I want to attend it. My parents are attending, I want to go with them

    VO: Ohh..so your parents are going and you want to go with them?

    Bro: yes

    VO: is it a MS degree?

    Bro: Yes, she has done her MS in XXX. Do you want me to show the graduation invite?

    VO: no need.

    VO: Who is financing?

    Bro: I will be taking care of air ticktets and after going there my dad and sister will contribute.

    VO: What do your parents do?

    Bro: Mom is home maker and Dad is retired from a private company.

    VO: What kind?

    Bro: Steel manufacturing company

    VO: What do you do? How much do you earn per year and how long have you been working?

    Bro: test engg analyst at XX (software firm) and working since 3.5 years.

    VO: Sorry sir,visa cant be approved at this time and gave 214 (B) form.

    What do you think went wrong with the interview? Are there any chances of getting visa if he applies within 2 months.

    An young Indian guy who is a "test engg analyst at XX (software firm)"..., applying for visitor visa is a red flag IMO...first thing the guy would try and do is try to search for a job and see if someone can file his H1, at least presumption! which is sufficient for denial - The VO maybe right IMO. 

    ...not suggesting try a change in profession next time coz with two prior denials I don't know if anything will really help, it's just bad luck. Try attending via face time. 


  5. 9 hours ago, ProfKris said:

    I accepted the offer letter but never joined them. Neither entered into their premises nor have the company laptop or resources to work for them. 

    I also sent them an email that I am not joining. What to do with that money? How do I send it back? I dont want anything that is not mine. Also would there be any legal complications of having a payroll run although its employers mistake?

    You have just indulged in unauthorized employment, unless the employer guessed your bank account # and got it right, without your knowledge.


  6. On 3/27/2019 at 5:17 PM, flyersai21 said:

    Can we file multiple H1-B Cap Petitions from two different employers for two different jobs at different locations?

    Yes, if end client and location are different, 

     

    if different employer but same client, both will get rejected under fraud for acting in concert for increasing your chances in lottery 


  7. On 3/26/2019 at 9:01 AM, njindia said:

    Hello everyone, 

    Need help with my situation. Would be very helpful if any experts can weigh in. 

    My situation:

    1. H1-B completed 6 yrs. I-140 approved with PD Mar 2013. Currently in 9th year of h1b

    2. Switched to a Employer B (F100 company) on 15th Feb 2019, when premium processing was disabled. Joined on receipt. Employer used approved I140 to request transfer

    3. Previous employer - Employer A (large hospital company) - has an active H1B which has not been revoked. 

    4. Received RFE from Employer B last week to prove the specialized job requirements. I am working with legal team to draft a response. 

    5. I94 valid till August 2019 from Employer A

    My questions:

    1. If RFE gets denied, do I need to leave the country immidiately or do I get a 60 day grace period? I have I94 active till August. 

    2. If RFE gets denied, do I need to leave the country even if USCIS files a new visa petition within a day or two of getting the denial notice?

    3. Can employer B file another H1B in parallel to current H1B - this time with corrected job requirements?

    4. If RFE gets denied, can i go back to Employer A if its h1b is still active? 

     

    Thanks in advance for your responses!! 

     

     

    "Joined on receipt" - killed your chances of keeping previous H1. Thats gone. Answers below - 

     

    1. If RFE gets denied, do I need to leave the country immidiately or do I get a 60 day grace period? I have I94 active till August. 

    Immediate. 60 is for job loss / termination. Your case would be denial by CIS

    2. If RFE gets denied, do I need to leave the country even if USCIS files a new visa petition within a day or two of getting the denial notice?

    Once denial - game over!

    3. Can employer B file another H1B in parallel to current H1B - this time with corrected job requirements?

    For the same job? No. For another position, Yes. 

    4. If RFE gets denied, can i go back to Employer A if its h1b is still active?

    Not really. Basic rule of thumb, never join until approved. Stakes too high. The day you joined on receipt, you killed your previous H1. Going back will only accrue illegal employment and potentially a future perm bar from entry based on how long your engage in unlawful employment. 

    Hope for an approval, but if denied your only option is to exit the US immediately. Find new H1b employment from outside, go for stamping and move on with your life with lessons learned. Best of luck 


  8. 19 hours ago, immijam said:

    Your worst nightmare has come true...you weren't supposed to go stamping with no client letter / support / week project that could end anytime. Without solid itinerary they don't even approve these days. Could have married in US. Don't know how countless people make this mistake and get stuck for years or forever. Anyways whats happened is happened. 

    The above mentioned conversion is theoretically possible, but very risky. Your only real option is...

    Go for F2. It's a risk with primary's F1-COS in place - but legally you are allowed / eligible to go - your chances of success are extremely low due to immigrant intent. They will have your h1 history in front of them. 

    The reason conversion is risky - changing from dual intent (h1) to F2 non-immigrant intent back to dual intent h1 - could be viewed as visa fraud due to abuse of F visa just to enter US. So I would recommend don't attempt, but your choice. I have seen some get away. 

     

    Just to add...

    If you decide to go F2 route, I would recommend wait for 90 days before you COS to H4 or H1, doing so reduces your chances of being flagged for visa abuse. 

    Finding another contract and submitting new client documentation is always an option, especially if in the same MSA, but extremely difficult and maybe time consuming finding such combination sitting there. 

      


  9. 9 hours ago, Rajr said:

    Hi,

    My H1-B was approved last year for 3 years which is valid till 2021 September. I was working as a contractor. I came to India on the purpose of my wedding. Went to visa stamping on Feb 22nd 2019 Kolkata Consulate . I was issued 221(g) by marking the required documents like client letter, itinerary of services, pay stubs, W2’s, bank statements, tax returns on the 221(g) white slip. VO asked me to submit above marked documents if I have after she handed over the 221(g). I have submitted all the documents then and there itself except client letter and itinerary of services as I don’t have them right away. I was never issued client letter as my end client doesn’t have policy to issue client letter to contractors. I told the same thing to VO and told I have email confirmation. She asked me to submit the copy of email. I handed over the copy of email which says that my end client doesn’t have policy to issue client letter to contractors and also the email says that I work as a contractor to the end client for 40hr per week as a software developer. 

     Later, the next day I came to know that my contract was ended. I should suppose to submit the itinerary of services but my employer asked me not to submit it as I don’t have project in hand.

    My husband is working on STEM OPT which is valid till Feb 15th 2020. He is filing for H1-B this year. If his petition gets picked in lottery, he will be in cap-gap( status: Change of status pending). Can I go for F2 visa when he has change of status pending?

    If yes, what is the procedure?

    Please suggest me what I can do in this situation in order to re-enter the United States. Is there a way to convert from H1-B to F2 and F2 to H1-B(existing approved) back again.

    Please advice.

     

     

    Your worst nightmare has come true...you weren't supposed to go stamping with no client letter / support / week project that could end anytime. Without solid itinerary they don't even approve these days. Could have married in US. Don't know how countless people make this mistake and get stuck for years or forever. Anyways whats happened is happened. 

    The above mentioned conversion is theoretically possible, but very risky. Your only real option is...

    Go for F2. It's a risk with primary's F1-COS in place - but legally you are allowed / eligible to go - your chances of success are extremely low due to immigrant intent. They will have your h1 history in front of them. 

    The reason conversion is risky - changing from dual intent (h1) to F2 non-immigrant intent back to dual intent h1 - could be viewed as visa fraud due to abuse of F visa just to enter US. So I would recommend don't attempt, but your choice. I have seen some get away. 

     


  10. On 3/23/2019 at 3:27 PM, pontevecchio said:

    The I94 you get on entry is NOT dependent on the VISA stamp. It is ONLY dependent on the H1 petition expiry assuming your passport is still valid till that time. You will need a visa stamp if you travel after December,31 2019.

    Did you not touch base with the consulate and your employer at that time?. I suspect an error. They should have given you the visa beyond petition expiry.

    "The I94 you get on entry is NOT dependent on the VISA stamp. It is ONLY dependent on the H1 petition expiry assuming your passport is still valid till that time."

    This is how it should work in theory, but practically couple of times in my case (& also for others I know), what happened is they didn't ask for or even look at the I-797 when presented, When I called for the supervisor on this - she said, I-797 is a status doc and pertains to CIS - they go by DOS doc i.e. visa which they look at and gave me a date consistent with Visa which was obviously shorter in my case. 

    I know as per the rules they need to give as per the I797, but practically now a days they don't, if visa is shorter 


  11. 10 hours ago, rajdab.sas said:

    Hello:

    I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. Any particular documents needed for getting the H1b approved for 3 years? If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview? 

    Thanks,
    Rajesh.

    1. Proper documentation - SOW/MSA and Client letter mentioning 3 years project with detailed itinerary certified by the end-client. 
    2. Social media - yes. Make sure its consistent with your profile.
    3. That depends upon if she has filed for AOS or not. 
    4. Interview scheduling is done by USCIS. 
     
     
      

     


  12. On 3/21/2019 at 9:06 AM, smorr6 said:

    Hi,

    I've valid I-797 from December 31 2018 to December 31 2021. Recently been for Visa stamping at Hyderabad, India and I've got the visa valid from March 15 2019 to December 31 2019. Although 797 is valid for more period, Visa is valid for shorter term. Do anyone have the same issue as I do? And what is it I can do now as I'm still in India for my vacation.

    Also, What happens with my I-94? Will it be the expiry of I-797 or the expiration of Visa ?

    ...at POE you will be issued a I94. Ideally your I94 should have validity consistent with your I797 but practically they just go by whats on visa 90% of the times.

    if they go for visa you will have to extend your I797 as per the I94 last issued. Its just bad luck. 

    you can contact the consulate for visa date - but I doubt it'll help and even if it does - god knows how long it could take. 

     


  13. On 3/18/2019 at 5:21 PM, Manu G said:

    I am here in US on L1A visa and my wife is on L2 visa. Our Green card process (I-485) is in progress and we both have GC-EAD and AP. My wife recently started work using her GC EAD. However I am still using my L1A visa for work purpose, which is valid for another year or so. I have not switched to EAD.

    We are planning to travel India some time this year. Since the current visa in our passports are expired, We will be doing the stamping also there. 

    Would like to know whether we need to use L1A/L2 visa OR GC-AP Card to re-enter us while returning? We will be travelling together. My wife uses EAD currently for the work, but I am using my primary L1A visa.

     

     

     

    I have the same situation but with H1 (I have a 3 yr recent visa stamped too). I think I am going to use the AP/EAD in which case the H1 status is lost. 

    The reason I am going to take that route as because of the flexibility AP/EAD offers rather than being trapped in L1/H1 status especially given current times (audits/site visits/etc), plus AP is specifically issued for that purpose. i.e. to travel while AOS is pending and not abandoned. So why not use the more flexible /convenient feature. 

     

    Ps: Only if you feel you have a good possibility of I-485 denial you should consider preserving the L1 just so you don't have to immediately depart. 


  14. 21 hours ago, pviral said:

    Hi, 

    I am planning to visit Canda for H1B visa stamping. I am about to start new job and do not have approved I797 from new employer. I was thinking to take appointment based on my current employer I-797. Later during interview I can VO that I changed my employer and show them new employer I-797. 

    Is it possible? If yes can someone who did similar thing can share their experience? 

    Thanks

    you will create unnecessary trouble for you there (delays). Your DS form needs to specify all details about petitioner which is submitted to the VC. They review your case (prep), just prior to your interview... 

    changing your petition at the time of interview will require you to book your dates again


  15. 18 hours ago, newacct said:

    1. If you have both an H1b visa and AP, then it's better to enter on H1b visa, which puts you in H1b status, rather than with AP, which puts you in no status. In case your I-485 is denied, you can stay if you have status, but will have to go if you don't. There is no downside to having status compared to not having status; if you are on H1b status you still have the choice to give up H1b status and work on EAD later if you want.

    Thanks for your suggestion. I was told that this was a good option a few years before, specifically before mid-2017. My AOS is FB and not EB so risk is lower of a denial. In current times there are a lot of unforeseen issues that can stem from being on H1 status. It's become more of a hassle each time anything changes plus have to be restricted to one employer.   

    18 hours ago, newacct said:

    2. If you are paroled, you will not be in H1b status, but according to the Cronin memo you can continue your H1b employment authorization that you have before you left without needing an EAD. You can also use an EAD if you like.

     


  16. 3 hours ago, pontevecchio said:

    Why do you need to be stuck in H1 status for some more time when you can work on the basis of the EAD for anyone or not work?

    Thank you so much! I think you made perfect sense there. Apart from being stuck there are also potential headaches such as amendments, etc.   


  17. Guys I really need your suggestions 

    I have both H1 as well as a marriage based (AOS), AP/EAD. I am going to travel soon. 

    1. Is it better to use AP than H1 for re-entry? I know both are possible, but I just need to figure what I actually should be using. 

    2. Even if I enter on AP, can I continue to use H1 for employment? or does that automatically change to EAD? 

     

     


  18. 15 hours ago, AnkitSaxena said:

    Hello Team, 

    I have an approved H1B extension and planning to travel India for drop box option by the end of this month. My employer is moved to a new location within the same MSA (Metropolitan Statistical Area), from Plano, TX to Richardson, TX which is around 15 miles. My employer told me that this does not require any amendment as the same LCA is valid within the MSA.  But, my approved H1B extension petition has an old office address.                                                    With this, I have two questions:

     

    1. What address should I choose for filling the DS-160 form for Work Location?                                                                                                                                               New address (Richardson office) or an old address (Plano office).                       

     

    2. Do I need any additional document from my employer?

    1. Use correct (current) address 

    2. Get an employer letter stating just what you said..."moved to a new location within the same MSA (Metropolitan Statistical Area), from Plano, TX to Richardson, TX which is around 15 miles...this does not require any amendment as the same LCA is valid within the MSA" - additionally carry a print out of the CIS guidance over this...


  19. 9 hours ago, ceprateek said:

    Hi ,

    I have following situation and need advice on the same:

    1. I am on F1B and got lucky in H1b lottery and got approved i797b (for H1b visa) from Oct 01, 2018 to March 31, 2019 but COS did not happen as I did not travel because of personal reasons and employer did not file for COS.

    2. i797B is expiring on March 31 2019

    3. My STEM OPT is expiring on May 08, 2019

    4. My employer suggested to get H1b stamping done and travel back to US to get the COS to H1b done and then would file extension once I am back.

    5. Went for stamping on March 06, 2019 but VOE gave a 221g.

    Questions:

    1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport?

    2. Should I get H4 on my husband's H1b and then travel back to US ?

     

    I really appreciate your help and feedback. 

    1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport?

    Once you go for stamping, generally your prior visa are "cancelled without prejudice", intent if F1 is to be a student /training, but by applying for H1 you established that you want to work and not study. You could get lucky, but can also be flagged for fraud /misuse of F1 visa just to re-enter. 

     

    2. Should I get H4 on my husband's H1b and then travel back to US ?

    Safest option in my opinion, but you will be asked about pending 221g and if you are no longer interested in getting the H1 visa. What is your answer going to be? 


  20. On 2/25/2019 at 4:52 PM, pooja.nara said:

    Thank you so much for responses. i will leave before 180 Days.

     

    Final question :  i-140 approved : H-1B extension denied after i-94 expiry, I have student VISA in my passport, expires on "July 2020".

    Can i be able to change status from "unlawful presence" to F-1 status again ? If yes, what i will have to do?

    once you are unlawful / or out of status - you have to exit and re-enter in correct / new classification - your visa foil is auto-void the day you went OOS

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