gcformeornot
10-12 02:16 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
wallpaper possible victims in photos
kondur_007
07-27 06:47 PM
Thank you for the post.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
lazycis
12-05 12:14 PM
Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.
2011 first confirmed victims of
anilsal
10-10 02:00 PM
You got your GC.
more...
map_boiler
07-18 09:26 AM
I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
gee_see
04-15 10:25 AM
Which country did you charge your GC to?
Enjoy the freedom...:)
India
Enjoy the freedom...:)
India
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maximus777
05-28 02:44 PM
Are USCIS related expenses like visa/lawyer fees etc. tax deductible? :confused:
2010 Face like
immihelp1
09-29 06:36 AM
Singhsa & Smisachu,
Thank you for sharing your experiences.
Thank you for sharing your experiences.
more...
overhere
07-18 09:03 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
i see. anyway, good luck to you.
i see. anyway, good luck to you.
hair earlier by her killer,
Steven-T
February 20th, 2004, 10:13 AM
Scott, yes, very much. I still have my bonus from 2002, but it was shifted to my daughter's education account. Waiting for my 2003 bonus payout soon, if any? Usually it occurs in late January.
Well, I may not have much time in the next two months for photo shooting. We are busy responding to our President's economic advisor's line, and working hard to improve the economy and our shareholders' return!
Steven
Well, I may not have much time in the next two months for photo shooting. We are busy responding to our President's economic advisor's line, and working hard to improve the economy and our shareholders' return!
Steven
more...
EndlessWait
01-15 07:53 AM
we've had way too many :mad:
hot Derrick Bird inquest: Killer
senram
01-04 12:22 AM
It is possible that India might take this to WTO. But that is a long shot and by the time result comes it will be 2 years or more and law itself is irrelevant.
It's all gas gas gas... Manmohan Singh is heading one of the most corrupt & messy govt. in the history of India. All the ministers are busy looting the country and would like to make most in the remaining 3 years of their terms. Forget they will do anything that would benefit anybody else but themselves..it's only that overexcited journos ask the ministers what they will do and without even thinking they vomit nonsenses. Think logically how this can be a WTO issue, it is completely in their jurisdiction whatever fees they may want to charge, take it or move on...nobody is forcing them to use the expensive Visas ?
It's all gas gas gas... Manmohan Singh is heading one of the most corrupt & messy govt. in the history of India. All the ministers are busy looting the country and would like to make most in the remaining 3 years of their terms. Forget they will do anything that would benefit anybody else but themselves..it's only that overexcited journos ask the ministers what they will do and without even thinking they vomit nonsenses. Think logically how this can be a WTO issue, it is completely in their jurisdiction whatever fees they may want to charge, take it or move on...nobody is forcing them to use the expensive Visas ?
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house Killer#39;s youngest victim had
abc
11-06 06:09 PM
No need to register PIO kid till 15 years of age.
tattoo Killer Stephen Browning
siravi
01-10 10:23 PM
... if I am around at that time. Shall look forward to meeting and catching up!
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pictures hands of a serial killer,
akhilmahajan
07-30 07:56 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.
dresses #39;Charlatan and a killer#39;: Dr
uskiwi
05-19 10:41 AM
My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.
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makeup Canal killer told flatmate of
coopheal
03-13 10:12 AM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
girlfriend killer victims to posh,
arnab221
05-22 05:01 PM
Yeah !! now they have a new argument to restore the multimillion dollar tax payer funded bonuses .These companies are not even ashamed that they are running on money from the American tax payers without which many would have had to sell their buildings now .
These super brains used their intellect for all the wrong reasons when they created the famous Collateral Debt Obligations ( CDO ) that even Alan Greenspan said he could not understand . These guys then loaned money all over the globe , without taking into account any risk factors . With little Government oversight in the US financial industry these people were ultimately responsible for the well being of world financial health .A little caution and responsible behavior from these people would have saved us from the catastrophical global recession that we are now . But nooo , they loaned money as if there was no tomorrow and got millions in bonuses for selling loans and securities to unsuspecting investors and the whole world is now bearing the brunt of their greed with more than half a million layoffs every month in US alone.
These people are ultimately responsible for the mess which the whole world is in and now their CEO's are saying that they need to retained with bonuses or we will see a Brain Drain .
If terror is the name of causing havoc and utter chaos which causes people to suffer in any area then the only name that I can think of calling these people is "Financial Terrorists" .
These super brains used their intellect for all the wrong reasons when they created the famous Collateral Debt Obligations ( CDO ) that even Alan Greenspan said he could not understand . These guys then loaned money all over the globe , without taking into account any risk factors . With little Government oversight in the US financial industry these people were ultimately responsible for the well being of world financial health .A little caution and responsible behavior from these people would have saved us from the catastrophical global recession that we are now . But nooo , they loaned money as if there was no tomorrow and got millions in bonuses for selling loans and securities to unsuspecting investors and the whole world is now bearing the brunt of their greed with more than half a million layoffs every month in US alone.
These people are ultimately responsible for the mess which the whole world is in and now their CEO's are saying that they need to retained with bonuses or we will see a Brain Drain .
If terror is the name of causing havoc and utter chaos which causes people to suffer in any area then the only name that I can think of calling these people is "Financial Terrorists" .
hairstyles The killer was eventually
needhelp!
10-23 09:23 AM
bump
DDD
11-07 12:03 PM
Sorry Man I never posted a reply to the substituting for gradients. But your latter image was much better with image swap (instead of gradient). Doing your navigation in flash would be an excellent idea (instead of mapped images). I am thinking of writing a tut on how to make better gradients without using gradients....you think peeps would be interested? This technique has produced astounding results for me....I am trying to work on the grunge thing I jsu cannot produce anything cool....by the way me2 is very cool.
gcgonewild
08-15 02:16 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
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