qasleuth
08-07 06:57 PM
Sorry to hear your predicament.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
nozerd
02-28 12:26 PM
Thanks Y,
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
hkimmi
09-25 03:31 PM
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.
Gurus please confirm this �, I hope lot of people might be waiting to hear this �
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.
Gurus please confirm this �, I hope lot of people might be waiting to hear this �
LostInGCProcess
03-16 02:46 PM
You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.
more...
nomorelogins
11-27 12:56 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
i guess the real benifit in terms of salary is for persons working for (desi) contracting/consulting firms who gobble up most of the profit.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
i guess the real benifit in terms of salary is for persons working for (desi) contracting/consulting firms who gobble up most of the profit.
harivenkat
05-05 01:29 PM
I'm currently on h1b, with PERM approved and I-140 filing in progress.
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.
If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.
If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?
more...
obviously
05-08 11:08 PM
Your post deserves to be deleted. You seem to lose sight of the real issue and instead resort to preaching from the relative anonymity of your digital pulpit. There are families that are worse off for having ITIN and unable to get an economic stimulus check that is intended to help kick start the economy NOW. Preaching that they can submit an ammended return sometime in the future is a moot point. Catch the irony? Economic stimulus is to help the economy now. Now. Now. Let's try that 3 more times.
GC_quest
05-25 06:32 PM
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
more...
gc2
09-17 11:05 AM
thanks for your response. To clarify
1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?
2. i did'nt realize that i cant pay for H renewal.
Many thanks for your response.
1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?
2. i did'nt realize that i cant pay for H renewal.
Many thanks for your response.
kirupa
04-24 09:56 PM
The new ones do look much better! I really like your 2nd New one :)
more...
Ann Ruben
04-22 11:46 AM
You can use the unexpired H-1 visa UNLESS your prior employer has withdrawn the underlying petition in which case the visa is void.
Raj_345
07-11 04:51 PM
Thank you so much for the information :)
I am sure this information will help many ppl in this situation...I'd really appreciate if others can chip in their thoughts as well...
I am sure this information will help many ppl in this situation...I'd really appreciate if others can chip in their thoughts as well...
more...
prasad_2007
06-01 09:07 AM
Liaison International
(Comprehensive Coverage Plan)
All insurance or in same boat.
(Comprehensive Coverage Plan)
All insurance or in same boat.
dealsnet
10-25 08:05 AM
I found this in WWW.immigration.com
"Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”
When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."
"Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”
When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."
more...
GotGoose?
04-08 03:14 PM
Ok, I have added anti-aliasing to one of them and I think it looks better.
Tell me what you think!
http://img93.exs.cx/img93/5972/goosestamp6uq.gif
Tell me what you think!
http://img93.exs.cx/img93/5972/goosestamp6uq.gif
samrat_bhargava_vihari
02-05 04:12 PM
Guys,
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
more...
hoggus
11-29 06:23 PM
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
lost_in_gc_land
01-31 01:24 PM
Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
Rahul.
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
Rahul.
nish
10-06 08:48 PM
when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
shadowbuddy
03-15 02:14 AM
Hi All,
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
gcdesirer
10-12 05:59 PM
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
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