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  • bzuccaro
    11-08 04:40 PM
    H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.

    To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.

    An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.

    In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.

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  • meridiani.planum
    03-13 11:53 AM
    My priority date is in Oct 2005 (ROW) and yesterday was the 180th day after filing my I-485 application. I need some help in deciding if I should wait for the green card with my current employer or think of changing the job using AC21. Your suggestions will be really helpful.


    check the next VB (should be out in a day or two). Based on a thread where someone found the dates from the Mumbai consulate website, EB-3 ROW might move to July 2005. if it does, it might be worthwhile hanging on a couple of more months to this job and see if you become current.
    On the othe rhand if you get a really nice offer, jump. AC-21 only adds a bit of complication to your job, it does not prevent you from getting a GC.

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  • amaacnt27
    04-01 07:15 AM
    Thank you.

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  • gc_on_demand
    06-05 12:40 PM
    Hello Folks

    I am in NJ and my current H1b expires on Nov 2008. My DL expires on Set 2008 . I was under impression that I need atleast 6 months or more valid visa to get licence.

    Company didnot agree to file premium process for H1b. They are saying I have plenty of time and they will apply in Aug . I and we know that now a days it takes more than 3-4 months to get visa.

    Is there a way I can get temporary lic in Nj. lawer was saying I can request 3 month temp lic beased on Notice received from CIS. Is that true ? does any one gone through same in NJ ?



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  • TomPlate
    01-03 03:36 PM
    Did you called them????

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  • ronhira
    10-01 07:46 PM
    American Worker.org is spreading false information. It is time we start to do something to stop it. Maybe we can register on it and spread the truth.

    & who r u..... publicist for anti immigrants...... y r u doing ads for anti immigrants.....


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  • Ann Ruben
    01-19 10:25 AM
    Applicants for k-3 visas must apply at the US Consulate in the country where the marriage took place, or in their country of nationality. So, unless your marriage took place in canada, your husband will not be able to apply there for a K-3 visa.

    Situations such as yours are complicated and very fact specific. You should consult with an experienced immigration attorney before taking any further action on your own.

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  • DallasBlue
    06-23 11:55 PM
    you can mention either ways. legally it shouldnt be a problem.

    (professionally it does look bad)

    ==as always seek legal consult.


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  • mordaut
    04-27 08:47 PM
    Ummm... Bump?

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  • wandmaker
    12-23 12:05 PM
    The system will come backup when s/he returns


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  • marryroy
    09-16 07:31 AM
    I am Marry here.I am also very interested in C#.That is a very nice concept By Microsoft.Please share more tutorials if possible.I hope to share updates for the software also.Thank you for sharing the post...

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  • JunRN
    08-19 07:58 PM
    I think TSC is strictly screening all applications so that it will not be burdened by too many cases including incomplete application to be processed. Therefore, in the long run, TSC will be faster in approving or denying cases.


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  • gchopes
    06-02 03:58 PM
    My company has applied for my H1 extension 3 months in advance of the current expiring H1 under regular processing

    1. Does the 240 day rule apply AFTER the expiry of the current H1 OR 240 days from the date you apply for the H extension. I hope its not the latter coz I could have told my employer to apply closer to the expiry instead of 3 months in advance.

    2. Will the 240 day rule apply even if I reentered on AP instead of H1B visa.

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  • a_yaja
    05-26 09:50 AM

    My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.

    My question is:
    Will he be able to stay after his visa expiration date?
    In other words, when will his I-94 expire?


    Once your father enters the US, the expiry of the visa does not matter. Your father will be able to stay in the US till the expiry of the I-94.

    The expiry of the I-94 will be determined by the officer at the port of entry. Usually, for parents, it is granted for 6 months, but there is no hard and fast rule and it totally depends on the officer who is stamping the I-94. However, I think for B-1, the max. duration is usually six months (again - not 100% sure about this - it could be longer too).


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  • sri2007
    11-11 12:51 PM
    Could you please help in explaining were to see the details for "self filling". Thanks for your help.

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  • fasterthanlight�
    05-09 12:09 PM
    Well, the second one could be anything, but when placed next to the first one it made sense.


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  • nobody
    05-30 03:40 PM
    Oh comon you're just too lazy it's perfectly readable :sure:.

    Sure if I stare at it and such. But at a glance.. hey why am I arguing with marijuana?

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  • panky72
    06-24 12:00 PM
    Hi friends,

    Sorry I starting new thread. I don't find any related this. If you have link please send me.

    My questions are?

    1. What are supporting documents for EAD?

    2. What are supporting documents for AP?

    3. Do I need to send separate mail for EAD and AP? both in one?

    4. What NSC Fed-Ex address for E-filers (EAD and AP)? I got in receipt is
    U.S. Mail:
    USCIS Nebraska Service Center
    Attn: E-Filed I-765
    P.O. Box 87373
    Lincoln, NE 68501-7373


    You will find all the answers here

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  • eb3retro
    05-30 10:21 PM
    It is difficult to predict the timeline.
    The house members are not happy with the Senate bill.
    I have read that the conference committee may meet next monday ( all hearsay).

    We can only pray and hope for the best.

    how long is the conference comittee process? and after that should the bill go thru house also? or will it go to president's desk??

    02-28 03:53 PM
    It is not an issue for people of Indian origin who are returning, of planning to return, back to India for whatever reason. They are the lucky (?) ones to have either a Indian passport or PIO card or OCI card so they are eligible to work on that basis.

    But how about those who do not qualify for one of the above? There is an increasing number of foreigners working in India - how do they become eligible to work in India? Is there an equivalent of an H1B, or may be oneday GC & Citizenship?


    Foreigners need a work permit to be employed in India. A work permit is granted if an application is made to the local Indian embassy along with proof of potential employment and supporting documents. There are many expatriates working in India, mostly for multinational Fortune 1000 firms. India has always had an expatriate community of reasonable size, and there are many avenues for finding employment, including popular job hunting websites like monster.com!

    There are many volunteer opportunities around the country including teaching. India has a reasonable presence of foreign Christian missionaries, who for the most part form the non-local religious workers, since the other major religions of the world either grew out of India or have had a long term presence.

    A living can be made in the traveler scenes by providing some kind of service such as baking Western cakes, tattooing or massage.

    06-01 04:10 PM
    It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.

    Here�s my situation:
    Category: EB2
    PERM approved.
    I 140 approved.
    PD � Dec 2007.
    H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.

    I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.

    1. Will I need a new H1-B? If so, for how many years will I get it?
    2. When I apply for a new PERM, will PD of Dec 2007 still be valid?


    1. You will need a new H1-B with a new LCA appropriate duties and responsibilities, wages etc.

    2. Yes. You can retain the old PD with the I-140. Take care to note that that you are not applying for the PERM but your company will be and your company may or may not find qualified citizens/permanent residents. You do not and should not control the recruitment process.

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