a_yaja
01-31 02:24 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
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ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
DDD
03-13 06:44 PM
I voted eilsoe. The reason being his model and render seems more fundamentally sound. Thirdworldwoman's was cool but the proportions were off. All in good work all of ya'll
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cygent
03-21 04:35 PM
Hello all,
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
more...
a_yaja
04-06 09:32 PM
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
To be denied entry, the visitor has to go through secondary inspection. That is the process. The CBP officer at the primary inspection does not have the authority to send some one home. Look at this link from Syracuse University that details this process:
http://trac.syr.edu/immigration/reports/142/
Quotes from this page:
In a procedure known as Primary Inspections, the officers interview people appearing before them and check their documents. In addition, the documents are scanned into a computer to detect past immigration violations, criminal problems, and national security concerns. The entire process is very brief, averaging less than one minute per person to keep up with the crush of arriving travelers.
In Secondary, a new set of Inspectors have additional time and latitude to investigate whether a person's papers � and their reasons for coming to the U.S. � are legitimate and legal.
So whoever said that the CBP officer at the primary inspection called up employer and asked the employer if they cannot find US citizens is not telling the truth. Probably the guy started the rumor :D.
To be denied entry, the visitor has to go through secondary inspection. That is the process. The CBP officer at the primary inspection does not have the authority to send some one home. Look at this link from Syracuse University that details this process:
http://trac.syr.edu/immigration/reports/142/
Quotes from this page:
In a procedure known as Primary Inspections, the officers interview people appearing before them and check their documents. In addition, the documents are scanned into a computer to detect past immigration violations, criminal problems, and national security concerns. The entire process is very brief, averaging less than one minute per person to keep up with the crush of arriving travelers.
In Secondary, a new set of Inspectors have additional time and latitude to investigate whether a person's papers � and their reasons for coming to the U.S. � are legitimate and legal.
So whoever said that the CBP officer at the primary inspection called up employer and asked the employer if they cannot find US citizens is not telling the truth. Probably the guy started the rumor :D.
vkannan
11-12 10:59 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
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chanduv23
09-28 03:48 PM
Those Asian Americans who are against new Asian immigrants, which include some of my relatives, sadly to tell you, are just helping White Americans in this fight. It is their wish and their passion. But if White Americans don't want it, they will have no chance of getting their voice heard. Not all White Americans are against immigration. But there is a big percentage of White Americans who are either fiercely against it or do not want it. I can hardly find any White American who says they want more immigrants. And a small percentage of White Americans are fiercely against immigrations. They would curse at anyone who they think is a new immigrant at any opportunity they have.
Well, unfortunately they all vote and their votes are important to all the candidates. Even Senators like Obama, Hillary etc... are playing the same vote bank politics. They seem to be loving immigrants of different ethnicities, but not skilled immigrants waiting for green card - VERY SIMPLE EQUATION - NO VOTING POWER NO SUPPORT - and people like Durbin and Grassley go a step ahead and damage the entire industry and attack tech companies. They do all these just for the sake of votes.
Our only mistake is that we are in the queue, followed all rules, contribute to economy and we do not vote. They do not see anything else but votes. They are not controlling brain drain, not recognizing skills, tried to break their own rules during the July bulletin fiasco - why so much hatred towards us? Just because we are competitive?
Well, unfortunately they all vote and their votes are important to all the candidates. Even Senators like Obama, Hillary etc... are playing the same vote bank politics. They seem to be loving immigrants of different ethnicities, but not skilled immigrants waiting for green card - VERY SIMPLE EQUATION - NO VOTING POWER NO SUPPORT - and people like Durbin and Grassley go a step ahead and damage the entire industry and attack tech companies. They do all these just for the sake of votes.
Our only mistake is that we are in the queue, followed all rules, contribute to economy and we do not vote. They do not see anything else but votes. They are not controlling brain drain, not recognizing skills, tried to break their own rules during the July bulletin fiasco - why so much hatred towards us? Just because we are competitive?
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smuggymba
07-12 04:44 PM
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
be ready next month my friend.
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
be ready next month my friend.
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chanduv23
01-30 09:08 PM
Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
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user1205
08-17 05:52 PM
I have the same frustration ... rules that are so vague and that USCIS doesn't even follow ... and I got all worked up about it when the predictions for the October bulletin came.
But then I told myself I have no control over this and the only thing it does it's ruining my days which makes it a lose - lose situation for me.
And before someone tells me that I have the power to change things by joining IV efforts, I'll tell you that I already did that.
[QUOTE=cessua;149683]I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
But then I told myself I have no control over this and the only thing it does it's ruining my days which makes it a lose - lose situation for me.
And before someone tells me that I have the power to change things by joining IV efforts, I'll tell you that I already did that.
[QUOTE=cessua;149683]I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
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.soulty
03-11 07:23 PM
we all done here?
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arnab221
09-10 04:19 PM
This sucks man. Another reccess to delibrate on HR6020 and they will be back at 5:00 for a vote.
Who knows if we will ever get a chance to day or not. GURU's please give your opinions.
............................................
$470 till date
Maybe they will be too tired to vote and will all vote AYE !!!
Who knows if we will ever get a chance to day or not. GURU's please give your opinions.
............................................
$470 till date
Maybe they will be too tired to vote and will all vote AYE !!!
more...
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ItIsNotFunny
11-06 03:13 PM
Bump ^^^^
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godspeed
06-10 04:18 PM
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vin13
03-09 12:22 PM
This is horrible. Does not make much sense.
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validIV
03-09 01:09 PM
F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
Looks like EB3 Philippines and ROW is stuck at 03 till October. gg retrogression.
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
Looks like EB3 Philippines and ROW is stuck at 03 till October. gg retrogression.
more...
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rpuja
07-28 06:13 PM
Please let me know how to close this thread?
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new2gc
03-10 11:40 PM
You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.
yes, on CNN, Anericanworkforce.org are showing ad saying every year US govt is importing 1.5Million foreign workers.... I wonder where did they got that number.:confused:
yes, on CNN, Anericanworkforce.org are showing ad saying every year US govt is importing 1.5Million foreign workers.... I wonder where did they got that number.:confused:
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goosetavo
06-30 09:20 PM
My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
ajthakur
07-14 06:54 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
kittu1991
03-17 01:56 PM
Thanks
Just commented on it since he has nothing better to do.
Just commented on it since he has nothing better to do.
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