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User099

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Posts posted by User099


  1. 12 hours ago, JoeF said:

    Yes, but that only applies if the person is employed by the employer. The OP wasn't employed anymore. He quit.

    For DOL, the employment wasn't terminated properly if the employer didn't inform USCIS. That is what matters, and the employer has to pay the person.

    In addition, this section has been abused by shady employers, forcing people to go on leave if they don't have a project. Hence, USCIS would want real evidence, which the OP wouldn't have since he quit.

    So, bottom line: the employer has to pay the OP if they didn't inform USCIS. Period. End of story.

    Trying to get around the rules would only make it worse.

    And of course, falsifying records is a felony.

    So, again, if the employer did not inform USCIS the employer has to pay the salary for the time the OP didn't work there. If the employer followed the law and informed USCIS they would have to file (and pay for) a new H1 petition if they want to hire the person back. It is THAT easy. Anything else is fraud. Plain and simple.

    Your statement about the employer has to pay the employee all the time is blatantly false. You tend to make these statements and when I proved it as a false statement you tend to fall back on you plan to make other unrelated statement and end them with a Period and end of story lines. But you never go back to correcting yourself. I know it might be hard for your understand few things when there are new facts which are put forth which you are not aware of.

    Let me explain this to you:

    Say an Employee A who is on H1B works for Company X and he gets 21 days of vacation. Due to some reason he used his 21 days during the first half of the year. Later down the line if he had an issue where he did not show up at work for a week or 10 days (inclement weather, family issues or say he is sick). Now will the company X has to still pay him? No, Company X will not pay him for these scenarios just because he is on H1. This proves that your statement that  "A person on H1 has to get paid ALL THE TIME" is false.

    Now coming back to the OP's case, his employer might have informed the attorney and attorney will take a few days to file for a withdrawal. In a real world scenario, things don't work at lighting speed when it comes to immigration issues and dealing with attorneys. (No offence to attorney's they have a ton on work to do 🙂 ). Will the company keep paying him till the withdrawal is filed? No, they will not because they might have terminated him in their system and the attorney might take a week or two to file a withdrawal. 

    Lets say they did file a withdrawal and USCIS never acknowledges it, will you now say that Company has to pay till the USCIS sends a acknowledgment. These kind of things will not stand in a court of law as there are lot of things that are beyond the control of the employer which might go wrong and its not correct to blame the employer for those. Intention of the employer is not to commit fraud, but there should be given some reasonable time to each party to fulfill their legal obligation.

    If the OP wants to go back to the employer after a week and the withdrawal is not filed. They can technically do that. Will it be a new petition or not something the Company's legal team and their attorney's will decide. You can't just put out statements like the employer is fraud and not following the law without considering all the FACTS.


  2. Wait for the 180 days to be complete so that Company C can use it to apply for H1 Transfer.  Company C can apply for transfer while Company B's petition is pending, but it will be tied to Company B's approval. If Company B's petition is denied then Company C's petition will be denied too.

    If you think Company B's petition might get denied, have Company C file under Consular processing.


  3. 4 hours ago, Deepika Ramesh Babu said:

    Hi,

     

    Last Year  Aug 2018, I went for Visa Drop Box in India and was given 221g Slip requesting to appear for in person for the interview.

    After that successfully got the Visa stamped until Dec 2020. 

     

    Now, If I want to fill a DS160 in future after Dec 2020, would I have to fill "YES" for the question: Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry?

    Also, does answering yes to this question mean that I would no longer be eligible for the US Visa Drop box option, If i am going for stamping within 1 year of Visa Expiry?

    On the drop box eligibility question:

    I have no refusals for a visa in any class after my most recent visa issuance? 

    Should I answer Yes to the above question as well.

    With Regards,

    Deepika

     

    221G is not a refusal, so your answer will be NO to the below question.

    Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry?


  4. W2's, Resume, Bank Statement...

    3 hours ago, ghr801 said:

    Hi, I am the first employee(Full-time direct hire) to get sponsored for H1B(F1-OPT to H1) by our company(product-based) and it got approved after an RFE.

    The company is currently a team of 5 and expected to grow in the upcoming years. I am planning to get my H1 stamped in March.
    Apart from the mandatory docs, I'm planning to carry,

    • past 1 year paychecks
    • LCA
    • Proof of employment from my CEO/Founder
    • Job duties/Responsibilities (my RFE response) acknowledged by CTO

    What are some questions in regards to company size being small and me being the first H1B employee that I should expect and be prepared?
    Do you suggest me to carry any documentation from the company that helps answering the above type questions?

     


  5. 15 hours ago, luckysing007 said:

    Thank you so much! The two weeks was a grace period for me to wind down and train people but I was on payroll until 22nd which was basically no work or remote work for the last two weeks. So I have until January 22nd. Do the immigration lawyers for company B have to specify something explicitly while filing the application. I just got the receipt notice today and will I have to leave the country and get a new visa stamping . My current visa expires in July 2020. Thank you so much for replying to my questions and for giving me hope and guidance.

    Firstly, your last working day is Nov 22 and not First week of Nov. It will just cause confusion in calculating the 60 days. You will have till Jan 21 to find a new job with out leaving the country, which you have already done. Now just wait for the case to be approved and if it comes back with an I94, you don't need to leave the country. All the best!


  6. 7 hours ago, JoeF said:

    There is no such thing as unpaid vacation while staying in the US on H1.

    A person on H1 has to get paid ALL THE TIME. If the employer didn't inform USCIS that the employment ended they will have to pay him for all the time he didn't work there.

    https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

    "Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation."

    From the same site: https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

    "An employer is not required to pay a nonimmigrant work for nonproductive status if it is based on a decision by the nonimmigrant worker to make him/herself unavailable to work (provided the worker's unavailability is due to conditions unrelated to employment which take the worker away from his/her duties at that worker's voluntary request or convenience or render the nonimmigrant unable to work in accordance with 20 CFR 655.731(c)(7)(ii), and the time is not subject to payment under the employer's benefit plan or other statutes)."


  7. 1. I don't see any issues having Canadian visa and then going for H4 stamping. Any specific reason why she doesn't want to use EAD?

    2. No issues

    3. She can apply from any consulate if she meets the requirements for the visa and has the documents to support her case. 

    16 hours ago, Viky_01 said:

    Hello,

    My wife was on H1 b, her extension got denied and her I94 also expired by the time USCIS denied the extension. She has travelled to India after the employer received the denial notice, Her employer is trying to get her work permit for Canada and at the same time we are trying to get her H4 stamping done in india. I have a few questions,

    a)  Will there be issues if she gets the canadian visa stamped first and then goes for H4 visa interview? Could this be cause of concern for VO? or is it better to get H4 stamped first. She does not intend to get EAD and will wait for her employer to refile H1 once her i140 gets approved.

    b) if she gets the H4 stamping done, will there be issues travelling to USA monthly or bi monthly during weekends?

    c) is it a good idea to apply H4 from Canada?

    Any response would be greatly appreciated.

     

    Thanks,

    Viki

     

    2. 


  8. Your DS-160 should have the receipt number of the approval notice which you are taking for visa stamping. If its not the same as the one you submitted, then fill a new DS160 and take it to ASC and have it updated when you go for fingerprinting.


  9. 9 hours ago, gvranjith said:

    Hi All,

    In my case, my H1B petition has been amended and the new end date is 15th June 2021. My spouse & daughter's H4 visa has expired on 7th July 2019. There was no amendment or extension for them. On top of that my 5 years old daughter's Indian passport is about to expire on 01-Feb-2020. Can you please, suggest the options I have in this case? Can I file amendment/extension for both of them now? Or is it better to travel back to India for all of us and get stamping done.

    Regards,

    G V Ranjith

    Why did you not apply for their extension along with your amendment?

    Best option will be to leave the country and get stamping done. Before that talk to an attorney to make sure you are not missing anything.

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