logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
wallpaper Tiger+drawing+outline
GreenLantern
02-15 08:49 PM
:thumb:
I see said the blind man. I like it.
I got started on making a subway and gave up, then I thought I would start with something simple so I started modeling a computer case. (clickity click me (http://www.kirupa.com/forum/showthread.php?t=85814))
I see said the blind man. I like it.
I got started on making a subway and gave up, then I thought I would start with something simple so I started modeling a computer case. (clickity click me (http://www.kirupa.com/forum/showthread.php?t=85814))
IMGPAT
05-05 02:57 PM
no
2011 compass rose
TomPlate
10-21 11:40 AM
Obama is more a talking person. He would have given lot of information during this campaign season. But he will not execute. Everyone in the campaign said he is always on the neutral side. He is not with Yes Or No answers.
One thing I want to explain about tax decrease plan.
When the tax decreases for middle class and tax increases for upper class, then the upper class CEO and the business would like to see how they can increase their profit by not increasing the wage of a middle class.
Obama followed a non american politics giving lots and lots to public. But in reality he may sit quiet and only enjoy his benefit as a President.
If Obama elected as President, this economic mess is not going to go away.
Because it is now Global.
I will say if Obama is elected Health care change he expects may not be executed as per his plan.
And it goes on....
One thing I want to explain about tax decrease plan.
When the tax decreases for middle class and tax increases for upper class, then the upper class CEO and the business would like to see how they can increase their profit by not increasing the wage of a middle class.
Obama followed a non american politics giving lots and lots to public. But in reality he may sit quiet and only enjoy his benefit as a President.
If Obama elected as President, this economic mess is not going to go away.
Because it is now Global.
I will say if Obama is elected Health care change he expects may not be executed as per his plan.
And it goes on....
more...
GCNeophyte
08-13 10:41 AM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
Yes , we are... Look who is rolling eyes :rolleyes::rolleyes::rolleyes: @ your facebook profile.
Yes , we are... Look who is rolling eyes :rolleyes::rolleyes::rolleyes: @ your facebook profile.
AMITAT007
10-03 03:08 AM
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
more...
whiteStallion
09-10 04:27 PM
i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.
Nice humour!
Nice humour!
2010 rose drawing
javadeveloper
01-30 12:15 PM
have you submitted the new G-28 form when you changed employers?
You can go back to your original GC sponsoring employer also right?
You can go back to your original GC sponsoring employer also right?
more...
madhu345
12-27 06:51 AM
As many Airlines startes Non Stop services to India, why do we care abiut Transit visa.
I travelled American in May the service is pretty good, also Continental is pretty good.
-Madhu
I travelled American in May the service is pretty good, also Continental is pretty good.
-Madhu
hair Developing the Rose Drawing
tooclose
07-12 07:23 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Many congrats! This must be a huge relief to you and your dependents. Enjoy !!!
Many congrats! This must be a huge relief to you and your dependents. Enjoy !!!
more...
chmur
09-10 06:53 PM
It is a given that Demand is not stagnant . If it were , backlog would have been reduced by 140K this year alone.
Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.
I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.
I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .
Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.
Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.
I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.
I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .
Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.
hot rose outline
senthil1
12-20 04:28 PM
You may be considered as out of status but your situation is much better than Visa overstay. If they send RFE then you may have to give proper reason. There are many people who are not getting paid in Bench but rarely green card was denied. Atleast I did not hear anyone green card was denied because of not receiving any pay.
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
more...
house Latest , tweeted the picture
TomPlate
10-22 11:22 AM
So by your theory don't tax the rich at all. That way we will get all the money as wage from the rich. :D LOL. Do you really believe this? How is the trickle down economy working so far? BTW Clinton taxed the rich and the economy grew.
I mean tax everyone equally. During this tough economy time, consider everyone and not the middle class or upper class or lower class.
I mean tax everyone equally. During this tough economy time, consider everyone and not the middle class or upper class or lower class.
tattoo Crystal-Glass-painting-Rose-
signifer123
02-13 11:50 AM
Dang it!!!!
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
more...
pictures top outline drawing
nojoke
09-17 08:28 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
dresses Tribal outline drawing
villamonte6100
09-26 12:50 PM
its illegal to take color photocopies of driver licences, ONLY send b/w
You dont make sense.
There is no law that says it is illegal to take color photocopies of driver license.
I've done that many times.
You dont make sense.
There is no law that says it is illegal to take color photocopies of driver license.
I've done that many times.
more...
makeup spray worked in outline is
Openarms
08-11 03:20 PM
As far I am concerned they are one of the organizations that injected this EB2 vs EB3 allocation... at that movement they might have their own reasons... but it might change now... We kinda know where IV stands on this...
They do....
How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??
They do....
How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??
girlfriend The outline drawing of the
bigboy007
07-18 09:26 AM
other than some quoting did you know any of your friends or your attorneys cases getting rejected.
hairstyles here Tiger+drawing+outline
ArunAntonio
04-23 12:17 AM
I was the first person in the QnA - disappointed at the intent of this meeting - they really care about illegal immigration - not once legal immigrants were discussed. It was a farce and IV was just used as an organization to show support to him - very disappointed.:mad:
gautamagg,
I was at the meeting and I was really taken aback by your question, it was totally out of context, I think I understand your position which is 'You wanted GC - you are not getting it - you decide to go back - but before that you decide to attend school - but cant get F1 coz you extablizhed Intent to Immigrate' -- This is a unique situation... atleast not something the larger IV community is affected by, but the accusing tone of your question to the Rep. was uncalled for .. I dont even know what you expected out of this meeting for your situation .. just try to get some perspective and place things incontext.. and again numbers matter.. if there were thousands of ppl in your situation your problem would have been addressed... anyways.. I beg to differ on your opinion about it being a farce.. There is effort being put to address the issues and IV has to maintain presence and make sure our issues are out there and are being noticed and not forgotten.. and thats what precisely happened yesterday.. IV members who are affected by Retrogression made their presence felt, the Core members were present on the dias rubbing shoulders with Congressman Gutierrez and representing the retrogressed community.
Your issue.. my friend .. unfortunately is not on the mandate of IV or the congressman..no doubt you were disappointed.. but good luck with you efforts and struggle.
gautamagg,
I was at the meeting and I was really taken aback by your question, it was totally out of context, I think I understand your position which is 'You wanted GC - you are not getting it - you decide to go back - but before that you decide to attend school - but cant get F1 coz you extablizhed Intent to Immigrate' -- This is a unique situation... atleast not something the larger IV community is affected by, but the accusing tone of your question to the Rep. was uncalled for .. I dont even know what you expected out of this meeting for your situation .. just try to get some perspective and place things incontext.. and again numbers matter.. if there were thousands of ppl in your situation your problem would have been addressed... anyways.. I beg to differ on your opinion about it being a farce.. There is effort being put to address the issues and IV has to maintain presence and make sure our issues are out there and are being noticed and not forgotten.. and thats what precisely happened yesterday.. IV members who are affected by Retrogression made their presence felt, the Core members were present on the dias rubbing shoulders with Congressman Gutierrez and representing the retrogressed community.
Your issue.. my friend .. unfortunately is not on the mandate of IV or the congressman..no doubt you were disappointed.. but good luck with you efforts and struggle.
jcmenon
07-24 02:08 PM
We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
Lucky7
12-13 05:59 AM
I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.