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.
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jliechty
November 9th, 2004, 10:42 AM
I have browsed at two local specialist camera stores but the only digitals were either very old or cost more than I can buy new on line.:(
When you buy a film camera, you can "upgrade" the image quality, up to a certain point, by buying different film. With a digital SLR, you're essentially buying the camera plus a certain (but unknown) amount of "film." Any camera will fail at some point in time, but the general probability is that the shutter of a $1000 film camera will last a while longer than the shutter of a $1000 digital camera (the former would be a pro model, while the latter is basically amateur or lower end prosumer).
What I'm not trying to do is convince you to buy a film SLR. I have one, and would upgrade to a DSLR at the drop of a hat if I could afford it. What I am attempting to caution you about, is that a used DSLR will come with no reasonable warranty, and a certain (unknown) amount of the "film" already used up. Given the apparent "free"-ness of digital capture, lots of people shoot thousands of frames per day without thinking (I have nothing against pros who need to "machine gun" it to capture the right moment in sports - this rant was against amateurs who shoot tons of frames without any thought, hoping something good may come out by chance). Thus, you have no idea how much life will be left in a used DSLR when you buy it, and more likely than not, there will be no guarantee if it does fail. It's like buying expired film on ebay... risky, but you pays your money and you takes your choice.
When you buy a film camera, you can "upgrade" the image quality, up to a certain point, by buying different film. With a digital SLR, you're essentially buying the camera plus a certain (but unknown) amount of "film." Any camera will fail at some point in time, but the general probability is that the shutter of a $1000 film camera will last a while longer than the shutter of a $1000 digital camera (the former would be a pro model, while the latter is basically amateur or lower end prosumer).
What I'm not trying to do is convince you to buy a film SLR. I have one, and would upgrade to a DSLR at the drop of a hat if I could afford it. What I am attempting to caution you about, is that a used DSLR will come with no reasonable warranty, and a certain (unknown) amount of the "film" already used up. Given the apparent "free"-ness of digital capture, lots of people shoot thousands of frames per day without thinking (I have nothing against pros who need to "machine gun" it to capture the right moment in sports - this rant was against amateurs who shoot tons of frames without any thought, hoping something good may come out by chance). Thus, you have no idea how much life will be left in a used DSLR when you buy it, and more likely than not, there will be no guarantee if it does fail. It's like buying expired film on ebay... risky, but you pays your money and you takes your choice.
RLNY122004
06-17 01:48 PM
I posted this on other thread on June 15th. Our I485 approved on June 15th. Please see signature for details.
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Anders �stberg
October 25th, 2004, 01:51 AM
I think #1 and #2 are problematic as there is a lack of contrast or color difference between the field and the fence, it takes a while to see what's in the picture.
#3 and #4 work better, something interesting in the foreground and context from the background. Both have a slight tilt to the right though which is distracting to me. One rule of thumb is to work with thirds, the horizon in #3 cuts the picture in half which isn't wrong but many seem to prefer the 1/3 - 2/3 composition in #4. The foreground could be a bit sharper perhaps but #4 is my favourite of the four, nice picture.
#3 and #4 work better, something interesting in the foreground and context from the background. Both have a slight tilt to the right though which is distracting to me. One rule of thumb is to work with thirds, the horizon in #3 cuts the picture in half which isn't wrong but many seem to prefer the 1/3 - 2/3 composition in #4. The foreground could be a bit sharper perhaps but #4 is my favourite of the four, nice picture.
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camarasa
08-01 08:07 PM
It's Mrs Lofgren not Mr Zoe...
kpchal2
03-17 10:53 PM
hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.
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njboy
07-24 05:11 PM
skil bill might turn out into pulp fiction..just like CIR did. If the ability to file for 485 when visa numbers are retrogressed is attained..then, thats awesome..but all Im saying is..given the fact that we havent had any favorable legislation ..atleast if we get portability when our labor/140 is pending and dont have to fear losing our priority dates..that will be a good start. Companys may not want us to have portability, infact I know many company that werent too happy with the AC-21 because it reduced the amount of time they could fleece the consultant, but I am saying this will be good for us
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crazy_apple
04-26 01:48 PM
Hello, since this is a thread on Canadian PR - I wanted to know if anyone had been through a similar situation.
I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.
My questions are:
- Will the Canadian immigration officers ask why I am making the trip to Canada?
- Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
- Do I need to apply for a travel permit, even though I have the plastic PR cards?
Your input will be appreciated.
Thanks!
I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.
My questions are:
- Will the Canadian immigration officers ask why I am making the trip to Canada?
- Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
- Do I need to apply for a travel permit, even though I have the plastic PR cards?
Your input will be appreciated.
Thanks!
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syendu1
06-27 12:23 PM
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
I got my approval online but not yet received any notices!! This happened yesterday and my RD is Dec 2006. What is yours??
Did anyone else encounter this?
I got my approval online but not yet received any notices!! This happened yesterday and my RD is Dec 2006. What is yours??
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hemya
10-14 10:29 AM
I self filed for EAD. Was very easy. I plan to do the same for AP. $1000 is a lot for AP filing.
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desitechie
06-29 01:58 AM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Yes. I was told the same by my lawyer.
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Yes. I was told the same by my lawyer.
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ameryki
07-22 09:30 AM
very well said mate! the ultimate objective of this forum is for people to come together and move forward to achieve our cause and not be worried about the dots etc.
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desi3933
07-05 03:30 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
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wandmaker
08-11 01:47 AM
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
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satyasaich
06-11 04:23 PM
Friend
There is already another thread for this AND by the way july bulletin is not out yet, may be in the next 4 or 5 days
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
There is already another thread for this AND by the way july bulletin is not out yet, may be in the next 4 or 5 days
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
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samuel5028
02-21 01:30 AM
You will be coming under EB3 skilled or professional worker.
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ss1026
07-29 11:31 AM
I am an EB-3 I with a 2005 PD on my 10th year on H-1B. I have a standing offer from a different company who are willing for file for a new GC in EB-2. I requested their HR to file my GC before I join their firm as I want to stay on my current project till the end of the year and they are ok with it but want to see some website/links stating that it is allowed and legal. I personally know that is allowed but had not much luck finding a good website noting this.
Could anyone paste a link or point to a good website that has this clearly stated. Thanks
Could anyone paste a link or point to a good website that has this clearly stated. Thanks
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xyz_jay
11-28 07:06 AM
This is great.. but is there any qualifications 2 join or our countries must be the same or, what?
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rocky123
05-01 09:31 PM
I complete 6 yrs on H1-B in August, 2007
Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.
Have a good job offer from company B, but seek your clarifications before I move further.
a. If I move now, can I take my 3 yr extension filed by company A with me or
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
Kindly help me out.
I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
is making my life miserable.
Thanks
Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.
Have a good job offer from company B, but seek your clarifications before I move further.
a. If I move now, can I take my 3 yr extension filed by company A with me or
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
Kindly help me out.
I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
is making my life miserable.
Thanks
GotGoose?
04-11 07:46 PM
Added 2 more stamps. (eye theme)
raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
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