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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 10-27-2012, 01:43 PM
rag_visa rag_visa is offline
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Hi,
I would appreciate if anybody who has gone through this scenario or knowledgeable reply to this post.
I just learnt that there will be some budget cuts in my project. My supervisor suggested that I start looking for new positions and he said that he will switch me from full time to hourly with a pay cut until I find a new position. The new salary would be lower than prevailing wages. I guess this would mean amendments to my H1 petition. Would it be more reasonably approach to take the pay cut by taking some vacation holidays without making changes to the H1B petition. The hourly job may last for couple of months. Any suggestions on contingency plan would be appreciated.

Thanks,
Rag, Ph.D.
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  #2  
Old 10-27-2012, 03:01 PM
greendream26 greendream26 is offline
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Until ur employer pays the amount(be it normal salary OR hourly rate) = LCA specified amount it should be OK. The point it reduces it would be a problem from lca(H1B) stand point.

I would say if possible start searching another employer since current employer seems to be in bad shape. If u have very good relations then stick to this employer but not on the cost of breaking any LCA rules.....


Thanks,
This advice is not legal. Please seek help of a lawyer!!!!
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  #3  
Old 10-28-2012, 04:07 PM
prasadkan prasadkan is offline
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prasadkan can only hope to improve
Question H1B Extension - Past VSG employee

This is the Brief history of my Case:
joined Company Vision Systems Group in 2003:
-Labor applied: Dec 22, 2003, approved on Oct 02, 2006
-I-140 applied Date: July 01, 2007
-I-140 Received Date: July 01, 2007
-I-140 Notice Date: July 003, 2007
-Do not know whether got any RFE on I140.
-Opened Service Request on I-140: Nov 19, 2008
- Letters written by Local Congress Member: July 09, and Feb 11, 2009.
- Received replies saying ‘It has been selected for Extended security review independent of FBI name check and fingerprints
-Received alert mail on Feb 14, 2012 saying the I-140 has been denied and notice is sent to the Attorney
==============================
- Applied I-485 application, EAD and Advance Parole for Self and spouse: July 01, 2007
- USCIS misplaced the entire bundle of my applications.
- Reconstructed the entire case and submitted again but No reply
-Again with the intervention of the Local Congress man they issued Receipt Notice on June 05, 2008 (After more than 1 year)
- Issued EAD and Advance Parole.
- Got RFE on I-485 Application on Nov 05, 2009 asking Employment Verification letter and photos.
-Submitted reply with document on Dec 0, 2009
- Received alert mail on Feb 24, 2012 saying the I485 has been denied as under lying I-140 was denied.
The attorney received the denial copies on March 03, 2012
-=============================
Under the above sequence of events, it is very important to take into account the happenings in Vision Systems Group Inc, NJ (VSGINC)
USCIS raided and booked VSG Inc for some wrong activities in some other states which none of the innocent employees like me do not know the details. We were constantly given false assurances saying that all the genuine employees will not be affected and their immigration process will go on.
I have been in USA since 1999 and was never out of status and no adverse remarks whatsoever.
But in somewhere in October 2009 the VSG Inc was closed down by USCIS.
I have started to use my EAD from November, 2009 since my I485 is pending for more than 2 years and I have been working with a direct vendor to the client.

I filed an MTR though one of the reputed Lawyers in MD for my I-140 and I – 485 applications and also H1B application to be in status, as I- 485 was denied in March 2012. I got my H1B approved for 1 year and got it stamped in India and entered US with new I-94 valid up to May 01, 2013.

Questions:
1.What my options are now to get extension of H1B beyond
May 01, 2013.
2. Can I apply H1B extension for this based on the present H1B approval (approved Up to May 01, 2013)
3. Or should I file a new PERM labor and I-140 for getting the Extension for H1B. (Which will cost me again $5k).

Is there any other remedy or work around for this situation???
I would appreciate and welcome your replies or views in this regard.
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  #4  
Old 10-29-2012, 01:44 PM
808hiflip 808hiflip is offline
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808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts
Default get a good lawyer

Quote:
Originally Posted by prasadkan View Post
This is the Brief history of my Case:
joined Company Vision Systems Group in 2003:
-Labor applied: Dec 22, 2003, approved on Oct 02, 2006
-I-140 applied Date: July 01, 2007
-I-140 Received Date: July 01, 2007
-I-140 Notice Date: July 003, 2007
-Do not know whether got any RFE on I140.
-Opened Service Request on I-140: Nov 19, 2008
- Letters written by Local Congress Member: July 09, and Feb 11, 2009.
- Received replies saying ‘It has been selected for Extended security review independent of FBI name check and fingerprints
-Received alert mail on Feb 14, 2012 saying the I-140 has been denied and notice is sent to the Attorney
==============================
- Applied I-485 application, EAD and Advance Parole for Self and spouse: July 01, 2007
- USCIS misplaced the entire bundle of my applications.
- Reconstructed the entire case and submitted again but No reply
-Again with the intervention of the Local Congress man they issued Receipt Notice on June 05, 2008 (After more than 1 year)
- Issued EAD and Advance Parole.
- Got RFE on I-485 Application on Nov 05, 2009 asking Employment Verification letter and photos.
-Submitted reply with document on Dec 0, 2009
- Received alert mail on Feb 24, 2012 saying the I485 has been denied as under lying I-140 was denied.
The attorney received the denial copies on March 03, 2012
-=============================
Under the above sequence of events, it is very important to take into account the happenings in Vision Systems Group Inc, NJ (VSGINC)
USCIS raided and booked VSG Inc for some wrong activities in some other states which none of the innocent employees like me do not know the details. We were constantly given false assurances saying that all the genuine employees will not be affected and their immigration process will go on.
I have been in USA since 1999 and was never out of status and no adverse remarks whatsoever.
But in somewhere in October 2009 the VSG Inc was closed down by USCIS.
I have started to use my EAD from November, 2009 since my I485 is pending for more than 2 years and I have been working with a direct vendor to the client.

I filed an MTR though one of the reputed Lawyers in MD for my I-140 and I – 485 applications and also H1B application to be in status, as I- 485 was denied in March 2012. I got my H1B approved for 1 year and got it stamped in India and entered US with new I-94 valid up to May 01, 2013.

Questions:
1.What my options are now to get extension of H1B beyond
May 01, 2013.
2. Can I apply H1B extension for this based on the present H1B approval (approved Up to May 01, 2013)
3. Or should I file a new PERM labor and I-140 for getting the Extension for H1B. (Which will cost me again $5k).

Is there any other remedy or work around for this situation???
I would appreciate and welcome your replies or views in this regard.
prasadkan,

I really feel for you, my friend. So much question that needed immediate accurate answer. My suggestion or advise is to seek a very reputable lawyer and have yourself a peace of mind. Been in your situation (not the same thing though) but being been so confuse, restless and so much in stress. This is what we get for trying, the price we pay for being good, to abide, and be lawful immigrants. We'll do anything to get through. We've been here in the US since 2000 (me & wife) and fortunately our wait ended only last June 2012, now were 4 already, with 2 son. But It wasnt the whole 12 years of wait, I filed my I-485 only last 07 of July (fiasco), so the wait was 5 years. But the same, I still felt it was a 12 year wait thinking about being here since 2000. Anyway, just get a good lawyer and I see you've been a lot already, you'll get through again this time. There's always hope! Let us know what happen after....
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  #5  
Old 10-30-2012, 07:56 PM
rag_visa rag_visa is offline
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Many thanks for your response.
Rag
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  #6  
Old 11-01-2012, 10:26 AM
MahaBharatGC MahaBharatGC is offline
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MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute
Default

I feel for you man. I understand that we trust our companies to do the right thing as we focus on delivering client needs...

I think it is important for you to start new PERM application. If possible try to get EB2 as you have gained lot of experience. your priority date is yours, so you will get that.

Whatever happens to your EB3 MTR on I-485 denial, this new PERM - to GC process will keep your status active.

Not much time but my 2 cents, chose good company with reputed immigration lawyers.

Good luck!
__________________
---------------------
Contribution: 100/- & 50/- & 100/- & 6 months recurring 25$
EB3 priority: March 24 2004
I-485 Receipt Date: July-25-2007
*************************
Since year 2000 GC process is like Maha Bharat Saga...
---------------------
yE dESa mEginA, yendugAliDina
yE pITha mekkinA, yevvaredu raina
pogaDarA, nI talli bhoomi bhAratini
niluparA, nI jAti ninDu garvammu
lEdurA iTuvanTi BoodEvi yendu
lErurA manavanTi pouru linkendu...
-Rayaprolu Subbarao
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  #7  
Old 11-01-2012, 10:38 AM
MahaBharatGC MahaBharatGC is offline
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07/24/2007
Compare
Join Date: May 2006
Posts: 128
MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute MahaBharatGC has a reputation beyond repute
Default

Mistake..I am not sure if you get your priority date as I-140 was denied...am not sure man..
But to stay legal, start new process quickly.

Quote:
Originally Posted by MahaBharatGC View Post
I feel for you man. I understand that we trust our companies to do the right thing as we focus on delivering client needs...

I think it is important for you to start new PERM application. If possible try to get EB2 as you have gained lot of experience. your priority date is yours, so you will get that.

Whatever happens to your EB3 MTR on I-485 denial, this new PERM - to GC process will keep your status active.

Not much time but my 2 cents, chose good company with reputed immigration lawyers.

Good luck!
__________________
---------------------
Contribution: 100/- & 50/- & 100/- & 6 months recurring 25$
EB3 priority: March 24 2004
I-485 Receipt Date: July-25-2007
*************************
Since year 2000 GC process is like Maha Bharat Saga...
---------------------
yE dESa mEginA, yendugAliDina
yE pITha mekkinA, yevvaredu raina
pogaDarA, nI talli bhoomi bhAratini
niluparA, nI jAti ninDu garvammu
lEdurA iTuvanTi BoodEvi yendu
lErurA manavanTi pouru linkendu...
-Rayaprolu Subbarao
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