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I am from India |
| I last logged in on 25 Feb 2010 |
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I have been a member since 20 Aug 2008
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| I have added
306 posts in trackitt forums
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I added my last post on 25 Feb 2010
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HWY485's Immigration Cases
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| I-485 case:
Approved in 771 days (345 days more than average)
(3 comments)
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| User: |
HWY485 |
Nationality: |
India |
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| Country of Chargeability: | India | Applicant Type: | primary | | | Service Center: | Nebraska | Category: | EB2 | | | Priority Date: | 20 Apr 2004 | Application Filed: | 06 Aug 2007 | | | USCIS Received Date: | 07 Aug 2007 | USCIS Notice Date: | | | | USCIS Receipt Number: | | I-140/485 Filing: | non-concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | | | | First Fingerprint Date: | | Second Fingerprint Date: | | | | RFE Received?: | yes | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | not sure | Name Check Approval Date: | | | | I-485 Status: | approved | I-485 Approval/Denial Date: | 15 Sep 2009 | | | Card Production Ordered: | | Card Received Date: | | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | | AP Approval Date: | | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | | Time to Get AP Approval: | | | | Time to Get Fingerprinting Done: | | Total Time to Get GC: | 771 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
15 Sep 2009 |
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| Notes: |
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| HWY485's Posts |
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Topic: H1-B Cancel after GC
Yes they do. It does not matter whether you still work for them or not. You may get status change notification(pending) through email or see the change in status online from USCIS.
I'm not sure why this is not done during AOS or once applicant start using an EAD. | |  |  |
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Topic: GOT GC - Employer owes 10 months salary
There are 2 possible ways you can recover your money, either through an Attorney or DOL.
IMO, An employement attorney might work faster than DOL. Usually attorney will immediately notify action against the employer. DOL might take little time 30-45days to review your issue and put them in a conference call (Your employer, DOL and you will be in a conference call).
You do not need to worry about the middle layer or vendor or client (if you were worked in a consulting co.) for the delay or unpaid dues. It's the employer responsibility to pay the wages.
Some employers pay minimum wages (required by LCA) to satisfy the DOL and rest gets accumulated(injustice! ). Read some my earlier posts, where some consultants go through with such deals. I am not sure whether your employer was paying minimum wage or not but not sure how it makes a difference in that case.
If your going through DOL, You will have to do the paper work, mention the unpaid wages(total , recieved , unpaid wages, full time, hourly etc). I hope you have given him a notice before leaving (atleast 72hours).
In your case, I believe you had a job during GC process but you were not getting your wages properly. So, I do no think you need to worry about GC (revokation, reviewing case etc).
I hope you get your hard earned money back. Good Luck | | | |
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Topic: Card received and a couple of questions
Congratulations. You need to update the I-9 form as your status changes. I do not think you need to worry about SSN now. Same with DL unless it expires. | | | |
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Topic: About leaving the employer after getting GC.
Employees will be satisfied when they get paid what they have worked for and I do not think employees (specially from consulting ) expect to get paid by not working and grabbing from employers own funds!!!! In most cases they do not retain the employees due to funds. But that should not jeopardize the GC. | | | |
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Topic: About leaving the employer after getting GC.
Your concern was "have I completed 6 months or have to pay back taxes to satisfy the GC requirement" and I completely understood the reason of "as a security".
This works better when you have a job( may be in between). But when you do not have a job after getting GC, I do not understand why are you obligated to stay with your employer without getting paid(not with the retained amount)? You have a clear explanation to provide during citizenship(in case). Moreover you're losing money during 6months!
Btw, tax paid for X amount or X distribution amount (in your case) does not change much since you will be filing your return which accounts for all income. But you could have earned an interest on having X amount for 6 months. Moreover, Labour law does not support holding your wages.
These are my openions. | | | |
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Topic: Employer can't continue to pay can I leave the company?
IMO, there is no question of revoking GC just because you're not getting paid from your employer. On the other side, if your employer is holding your wages, that is against the labour law and you have right to claim it. Is this a consulting company you're working for? Also, what's the 'deal with the unemployement compensation'? Are you refering to unemployment benefit from the goverment?
If you are thinking about 6months rule or future employement GC etc, you have the strong evidence(pay stubs) to prove your new employement(during citizenship) that your old employer was not paying your wages on time.
I would recommend to find a job soon in this market specially and mean time you can deal with the department of labour or attorney for unpaid wages. | | | |
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Topic: About leaving the employer after getting GC.
Ok, I got my GC somewhere in May this year. Now I have been unemployed since April, got a project in July for 3 months, now unemployed again. Now without paystubs for which my employer depends on me to get my own projects, have I completed 6 months or have to pay back taxes to satisfy the GC requirement. Little confused, can someone shed some light ???????
When you do not get paid by your employer why are you worried about 6 months rule (so called) ? you have the reason to explain for quitting your employer even asked in future. Find a new job and start earning! | | | |
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Topic: Vendor Not Paying for Corp-to-Corp
Some states labour law requires minimum 72hours notice. Not sure how notice period works with 'client-consultant' relationship. Also, time sheet approval is not required to get paid from your employer. The best way is, your employer should take action against the vendor/client and you can co-operate to that. But if your employer hesitating to do that then you may contact local labour department. You should make sure this to your employer since he has a option to solve the problem without breaking employer-employee relationship. | | | |
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Topic: GC renewal
Thanks. My questions was regarding the employment info. I looked at the renewal form, it does not require any employment info. | | | |
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Topic: USCIS Enquiry AFTER GC Approval
may be the old query has poped up now ;-) or VSC may not be knowing you've already approved or some mis-communication between VSC and TSC. | | | |
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Topic: GC renewal
LIN/A# is printed on GC and tied to the employer during the GC processing(if I am not wrong). I am just curious to know what information is tied to GC during renewal if there is a change of employement? new employers info? will there be change in A#? any idea? | | | |
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Topic: GC and change of employment
Since you're not getting paid from your employer (After several queries), you may seek help from DOL. This is nothing to do with the intention of leaving or not. In your case you're still with the employer and more pressure on Him. It's employers responsibility to pay the correct wages (more read DOL site) and DOL is very strict on these terms. Worst case He will terminate but still He has to pay you the wages.
IMO, 6 -12mnths is a courtesy period as GC is based on the future employement. But if an employee does not have a project or not getting paid, I believe he has right to find a new job with someother employer. | | | |
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Topic: Employer not giving old paystubs
Points to be conidered:
1. It is not a federal law for the paystub. That applies ony for W2. It is also only a regulation. They can given you information even by email, printed sheet that is also OK for the tax purposes.
2. ADP or paychex will not give you stubs as they are retained by the company and the company pays for each stub and the service.
3. DOL will not help as long as they have paid you per LCA.
Talk to them nicely and get things done than pursuing wrong advices.
I do not agree with the above.
Not sure about the core intention of requesting old pay stubs now, but W2 gives the total payments. All you need recent paystubs for future. You should have done this when you were not receiving the paystubs. Now, unless there is a record of unpaid hours, it's hard to dig the grave. | | | |
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Topic: Urgent help required - Changing jobs
My employer rolled out new employment terms which says I should not join my customer until after 6 months of termination nor work for a competitor for the same customer.
what if you terminate? Is it hard to get a new employment with new client? I dont think your employer is ready to pay you on bench or unless he terminates you can not apply for unemployment benefits! | | | |
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Topic: Got GC - Confused with these Emails
This is not a confusion but over excitement LOL. GC card is just like any credit card comes in a regular mail from USCIS. Just 'feel it'. Do not worry about multiple emails, that's normal. Also, you will get a booklet. Enjoy reading ;-) | | | |
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Topic: 90 days past >> My EAD is not approved
I did not efile, I sent all documents by FedEx, and this is my 3rd EAD card Extension
I assume you have the receipt. These days renewal EAD/AP does not take more than a month. Since you have tried most of the option and desperate to have an EAD, contacting and reporting to your Senator might help. Check I-485 discussion thread or your senators website for that. | | | |
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Topic: Name on Travel Document
Can anyone tell me if the name above the photo on the travel document match the name of the applicant or ..................
Names should always match else you may have trouble while entering. | | | |
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