martinvisalaw
07-16 05:59 PM
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
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ksircar
07-30 08:39 PM
As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.
apk1928
04-30 01:36 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
2011 ATRL - Celeb Photos: New photo shoot of Lindsay Lohan as a VAMPIRE
gcdreamer05
01-30 11:07 AM
Sorry to hear about your situation...
There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.
If you are eligible to apply for an EAD do that too.
Really sorry man, dont worry this too will pass for sure...
There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.
If you are eligible to apply for an EAD do that too.
Really sorry man, dont worry this too will pass for sure...
more...
hebron
04-03 03:40 AM
I can apply for 3 years H1-B extension (8,9 and 10th year) based on my approved I-140. However, my Indian passport expires in August 2008. Does this have anything to do with H1-B extension? Will I geet 3 years extension?
Can I renew my passport now before applying for my H1-B extn? Can I get my passport renewed before 6 months of expiry?
Kindly help.
Thanks!
Can I renew my passport now before applying for my H1-B extn? Can I get my passport renewed before 6 months of expiry?
Kindly help.
Thanks!
bigboy007
07-18 01:14 AM
They might return urs , simple.
more...
birdwing
10-10 11:55 PM
ummm... the entries list link you have here goes to "the orange contest" entries list
2010 Lindsay Lohan As Vampire Photo
ponvas
08-10 05:24 PM
This mustang may be GC or citizen holder already . Want to have fun with people who are crying for help!!!
more...
bluekayal
10-17 08:15 AM
thanks for clarifying.
hair Lindsay Lohan Michael Trevino
Canadian_Dream
03-20 11:41 AM
Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
more...
Krilnon
01-21 11:31 PM
Feel free to steal any of the tedious collection work that I've done, like the JS/AS array associating the filename, author, and title.
Here is a ZIP archive with the SWFs that I harvested: http://reclipse.net/kirupa/fxpression09/fxpression_entries.zip
Here is a ZIP archive with the SWFs that I harvested: http://reclipse.net/kirupa/fxpression09/fxpression_entries.zip
hot Lindsay Lohan -- Vampire Chic
Dipika
12-22 04:56 PM
This have info about Green, Yellow, Pink, White 221g slip and images of it.
221(g) US visa refusal. Blue, pink, yellow, green, white forms at New Delhi, Chennai, Mumbai (http://www..com/visas/221grefusal/)
Here one can check the status of 221g slip processing,
Nonimmigrant visas Administrative Processing - U.S. Embassy of the United States New Delhi, India (http://newdelhi.usembassy.gov/nivadminprocnewdelhi.html)
221(g) US visa refusal. Blue, pink, yellow, green, white forms at New Delhi, Chennai, Mumbai (http://www..com/visas/221grefusal/)
Here one can check the status of 221g slip processing,
Nonimmigrant visas Administrative Processing - U.S. Embassy of the United States New Delhi, India (http://newdelhi.usembassy.gov/nivadminprocnewdelhi.html)
more...
house Lindsay Lohan#39;s Bloody Photo
karthiknv143
08-02 01:26 PM
Friends,
This is over and ordered to lie on table...... Moderator please close this thread...
This is over and ordered to lie on table...... Moderator please close this thread...
tattoo Lindsay Lohan#39;s Vampire Photo
lvinaykumar
04-16 07:09 PM
I am waiting to hear something for my wife. She would hate it to sit at home for one year
Let see......
I will update this thread if i hear something
Let see......
I will update this thread if i hear something
more...
pictures Lindsay Lohan turned vampire.
gcpool
03-14 09:22 AM
The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
dresses 2010 Lindsay Lohan: Vampire
123456mg
02-17 02:41 PM
Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.
I am not an expert and this is just my opinion.
I am not an expert and this is just my opinion.
more...
makeup “Lindsay Lohan and Michael
shivaniraina
07-21 02:20 PM
You are exempt from the cap:) . Your immigration lawyer can confirm this.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
girlfriend Vamp shoot: Lindsay Lohan has
doubleyou
05-18 01:22 PM
Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.
AILA is not getting any response from USCIS as per the lawyer.
How to check on the status of background check.
AILA is not getting any response from USCIS as per the lawyer.
How to check on the status of background check.
hairstyles Lindsay Lohan New photo shoot
GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
sunofeast_gc
01-14 01:38 AM
I work for company A (Big American company), my EB3 LC and I-140 is approved (PD March 2003). I am in 7th year of my H1b and 2 months ago I got 3 years extension of my H1b visa based on approved LC and I-140.
I got a offer from company B (small American company) and C ( Indian consulting company). I am thinking to join company B they are ready to apply my case in EB2 category but I am not sure about the job security in company B, so I want to apply H1 extension through both Company B and C .
I have two questions:
1) Can I get extension of 3 years from both company B and C based on my EB3 LC and I-140 Approval from Company A.
2) If I join company B now, can I join company C in future incase something wrong goes with company B.
Any help will be highly appreciated.
Thanks,
I got a offer from company B (small American company) and C ( Indian consulting company). I am thinking to join company B they are ready to apply my case in EB2 category but I am not sure about the job security in company B, so I want to apply H1 extension through both Company B and C .
I have two questions:
1) Can I get extension of 3 years from both company B and C based on my EB3 LC and I-140 Approval from Company A.
2) If I join company B now, can I join company C in future incase something wrong goes with company B.
Any help will be highly appreciated.
Thanks,
jvordar
04-17 08:29 PM
Even if you transferred you can still work for old company and keep on working there without joining new company.
That's what i believe. Please consult attorney for confirmation
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
That's what i believe. Please consult attorney for confirmation
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
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