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uma001

04-26 10:16 AM

I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.

What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?

Please let me know the process to get my pending salary if i am entitled to get any


Are you trying to come back. Why didnt you try to get back the salary when you were in US?

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upendra

07-09 12:46 PM

Hi ,
I got a RFE for medical which I replied immediately and the current status shows
"we received your response to our request for evidence. 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. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"

My PD is not current by the time I got RFE and don't expect it to be current in near future too.
Now, my questions :
1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?

Thanks in advance !!!!!!

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onemorecame

06-28 12:28 PM

Thanks for all the info and i have alreadu sent this question to my attorney and didnot hear anything so far.
--sri

Sri,
Please let us know what yo got from your attorney i am also in same situation

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vinki

08-28 11:45 AM

hi !
we have recently finished our finger printing ... can anyone tell me what will be the next step ..

thanks

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dale

04-09 07:15 AM

OFF TOPIC: Ya3, i just found out that i'm two days older than you :to:

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sri1973

11-04 05:55 PM

Sorry..............
RD- 08/14/07

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missourian

06-25 05:18 PM

Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.

IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending

Am I correct?

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Steve Mitchell

April 18th, 2004, 11:03 PM

Nice job. Looks like you had no troble getting your desired focus point with the D@H. How are you finding the D2H? How long have you had it? What did you have before?
Here are some shots with the D2h and 105mm...what do you think?

http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0827.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0832.jpg
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PHANI_TAVVALA

03-01 11:14 AM

Hi folks, i am in urgent situation and need your advice.

My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?

any comments/advices would be appreciated.

I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.

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sri1234

05-15 03:04 PM

Hello Attorney's

My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")

I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).

Currently working using EAD

Question -
What kind of implications will this have on my I-485 application?

Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.

Attorney's Please Advise.

Thanks in advance
Sri

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memyselfandus

07-27 12:08 AM

You will receive the receipit with-in 3 months or at worst in 6 months and then the medical report.

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rbharol

09-13 01:50 AM

LIN belong to Nebraska Service Center.

That is what I feared...

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java_jaggu

01-22 02:54 PM

Kevin,

It's no different using the future employment EAD from that of a current employment EAD. However, I would suggest you work for that future employment company for say 6 months before you use AC21 and move on to a different job. This would alleviate the risk of INS considering your case to be fradulent.

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patricia

01-28 02:47 AM

Informative response sparked a few new questions : Why would one have to start Isonazid if the chest x-ray is negative? Is latent TB akin to being a carrier of HIV waiting to see if AIDS develops? What happens if I am ever exposed to TB again? Did the infected person have an active TB infection?

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eager_immi

03-27 03:14 PM

Yes, a friend of mine was not given her VISA they did not say denial instead said they needed to further confirm her qualifiactions and field of research. This is bc she works in boitech and at that point there was the anthrax scare.

Hi,

Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?

I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?

Thanks

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h1b_slave

09-17 11:04 AM

Hi!
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?

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mrajatish

06-25 05:12 PM

Sounds correct - for labor sub, you need qualification as of labor filing.

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qasleuth

04-27 10:38 AM

Here is some info on RFEs in general

http://immigrationvoice.org/wiki/index.php/Request_For_Evidence

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sheish

09-22 11:03 AM

Hi,

Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?

Thanks.

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rameshraju11

06-06 10:11 PM

Thanks for your response. however I could not see anything USCIS online case status that they have sent an RFE

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excogitator

04-13 06:31 AM

Congratulations Everyone!!! :)

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