Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 04-17-2008, 05:07 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/30/2007
Compare
Join Date: Feb 2007
Posts: 23
gcfordesi can only hope to improve
Red face Is Bench period out of Status ?

Hi Gurus,

I was out of project for 2 months and my Employer did not run my pay roll for this 1 and half month .I got my EAD 1 month back have a Full time Offer and will Join this company on MY EAD .My worry is will this gap be any problem in future? is it out of status? . Should i Ask my employer for a pay check or at least a relieving letter ? Appreciate your advice .

Thanks in Advance.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 04-17-2008, 05:13 PM
Senior Member
Priority Date
:
Dec-02
Category
:
EB2
I140 Mailed Date
:
07/12/2006
Chargeability
:
United Kingdom
Processing Stage
:
N/A
I485 Mailed Date
:
05/03/2007
Compare
Join Date: Feb 2006
Posts: 305
mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute mbartosik has a reputation beyond repute
Default DEMAND payment from employer

This forum has some other instances of this discussed. Take a search through the old threads. It is plain illegal (by employer). Not only should you get paid but if there is any hassle, dept labor may even pursue him on your behalf.

Take a search for this issue on prior threads.
__________________
Mark Bartosik, Chartered Software Engineer, from UK
IV Spokesperson
IV NY Chapter
If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 04-17-2008, 05:25 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 196
whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of
Default Agree

Agree with Mark's advice.

I would suggest getting something in writing. In other words, instead of asking verbally for pay, send your employer an email. Have him/her respond to you in writing that they won't pay you (for whatever reason). If I were you, I would collect evidence (emails, record phone calls) that you tried to get your pay and if it all fails, file a complaint with DOL. I think this would also safeguard you from future questions about that time. As per regulations, there is no such thing as "bench time without pay" for H-1B. Your employer is LEGALLY REQUIRED to pay you the salary mentioned in the labor certificate.

Hope this helps and keep us posted.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 04-17-2008, 05:47 PM
Senior Member
Priority Date
:
Feb-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 730
lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute
Default

e-mail this link to your employer and collect your paycheck
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
__________________
If you don't like something, change it. If you can't change it, change your attitude. Don't complain...
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 04-17-2008, 06:09 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/30/2007
Compare
Join Date: Feb 2007
Posts: 23
gcfordesi can only hope to improve
Red face Worst case Scenario

Thanks all for replying. I did not resign or informed them yet . As you know with desi companies they never put it in written or verbal of paying on bench. I am just checking to see what are the possibilities and worst case scenario . i am not much worried about the money but for documentation wise just want to be safe . If there is a RFE in future for W2 or Pay stubs will this gap creates any problem ?

Thanks,
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 04-17-2008, 06:14 PM
Senior Member
Priority Date
:
Feb-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 730
lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute
Default

If employer did not notify the USCIS about your termination a month ago (well, I can guarantee it did not), you have nothing to worry about.
__________________
If you don't like something, change it. If you can't change it, change your attitude. Don't complain...
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 04-17-2008, 06:25 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/30/2007
Compare
Join Date: Feb 2007
Posts: 23
gcfordesi can only hope to improve
Red face Higher Billing rate

Employer was working to get another project but with higher billing rate so nothing worked from their side . So my guess is also that they did not inform USCIS . Now i got this full time offer i will be starting from next week so there is 6 week gap .
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 04-17-2008, 07:01 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 196
whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of whitecollarslave has much to be proud of
Default

Quote:
Originally Posted by gcfordesi View Post
Thanks all for replying. I did not resign or informed them yet . As you know with desi companies they never put it in written or verbal of paying on bench. I am just checking to see what are the possibilities and worst case scenario . i am not much worried about the money but for documentation wise just want to be safe . If there is a RFE in future for W2 or Pay stubs will this gap creates any problem ?

Thanks,
Don't just think about 140 and 485. They might ask for your W2 and tax returns at the time of getting a citizenship. I have read some posts here and on other forums that it might create a problem. Please research that a little bit. I think your best bet is to get everything in line for your new job, get documentation about you being employed and working during the questionable 6 week period and file a complaint with DOL about wages. If they don't give you anything in writing, try to record a phone conversation. That will put you on the safe side and make your argument more credible that you were not out of status. I understand that money may not be a factor but showing your legal status is critical. The way I look at it, if you don't file a complaint, it becomes difficult for you to prove your legal status during those 6 weeks.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 04-17-2008, 07:16 PM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
06/14/2007
Chargeability
:
Canada
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Jan 2006
Posts: 87
GoneSouth will become famous soon enough
Default

There is a specfic section of 8 CFR (Sec 245 (i) ??) that says as long as you haven't been out of status for more than 180 days since last re-entry to US, you are still eligible to adjust status. See my post:

http://immigrationvoice.org/forum/sh...ad.php?t=12223 (GoneSouth's view on out-of-status and I-485)

So being on the bench for two months, while techically a no-no, should not affect your AOS application.

- GS
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 04-17-2008, 07:23 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/30/2007
Compare
Join Date: Feb 2007
Posts: 23
gcfordesi can only hope to improve
Red face E-mail conversations

I have all the email conversations till date i will send them a resignation letter tomorrow and ask for reliving letter and pay stubs . Depending on the their response will act accordingly .

Thanks all for replying to my queries.

Cheers
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 04-17-2008, 08:34 PM
Member
Priority Date
:
Mar-03
Category
:
EB2
I140 Mailed Date
:
04/04/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
Compare
Join Date: Jul 2007
Posts: 64
chris has a little shameless behaviour in the past
Default

Is it Legal to record phone conversation without other party consent ?

Quote:
Originally Posted by whitecollarslave View Post
try to record a phone conversation.
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 04-17-2008, 08:38 PM
Member
Priority Date
:
Feb-03
Category
:
EB3
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Jan 2008
Posts: 53
Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of Maverick_2008 has much to be proud of
Default Good point

I'm not a legal professional but as far as I know you can't record a phone conversation without informing the other party. It is illegal again afaik.

Maverick_2008


Quote:
Originally Posted by chris View Post
Is it Legal to record phone conversation without other party consent ?
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 04-17-2008, 08:45 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
China
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 111
jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold
Default

Quote:
Originally Posted by GoneSouth View Post
There is a specfic section of 8 CFR (Sec 245 (i) ??) that says as long as you haven't been out of status for more than 180 days since last re-entry to US, you are still eligible to adjust status. See my post:

http://immigrationvoice.org/forum/sh...ad.php?t=12223 (GoneSouth's view on out-of-status and I-485)

So being on the bench for two months, while techically a no-no, should not affect your AOS application.

- GS
It is 245(k). It offers a lot protection to EB immigrants. To summarize, as long as you are being out of status or illegally employed for less than 180 days, it won't affect your AOS. And each time you leave the country and come back, that 180 days counter is reset.

An id named 'unitednations' mentioned this many times on both IV and immigrationportal.com. Sadly, still many people, without knowing this protection, tried to cover their out of status by fraud, which can be a solid ground of denying AOS at later time.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 04-17-2008, 08:48 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
China
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 111
jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold jchan is a splendid one to behold
Default

Quote:
Originally Posted by GoneSouth View Post
There is a specfic section of 8 CFR (Sec 245 (i) ??) that says as long as you haven't been out of status for more than 180 days since last re-entry to US, you are still eligible to adjust status. See my post:

http://immigrationvoice.org/forum/sh...ad.php?t=12223 (GoneSouth's view on out-of-status and I-485)

So being on the bench for two months, while techically a no-no, should not affect your AOS application.

- GS
btw: that is a great post, but one thing I don't agree. You said being out of status for more than 180 days won't trigger automatic 3 years bar, I think it will.
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 04-18-2008, 10:13 AM
Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
United Kingdom
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Apr 2008
Posts: 85
AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice
Default My cousin had to go back and get new H1

My first cousin came here through desi company and was not paid for one and a half month. He found/joined a new job and applied for H1 transfer. His H1 got approved, but he got a notice to leave the country as he did not get paid for 1.5 months (H1's requirement) and was thus out of status. Went back to India with whole family, got new H1 stamped without any issues and came back after a week. I even have a copy of his notice to leave the country with me. Scary stuff, I never heard anyone else getting such a notice.

But this was H1, I do not know what are the rules for AoS.

All the Best.

Quote:
Originally Posted by gcfordesi View Post
Hi Gurus,

I was out of project for 2 months and my Employer did not run my pay roll for this 1 and half month .I got my EAD 1 month back have a Full time Offer and will Join this company on MY EAD .My worry is will this gap be any problem in future? is it out of status? . Should i Ask my employer for a pay check or at least a relieving letter ? Appreciate your advice .

Thanks in Advance.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
H1B Visa: While on Bench zinfa321 Out of status, employment gap and status revalidation 6 12-11-2009 08:02 PM
H1B Employer has put you on bench? anilsal Non-Immigrant Visas 2 09-02-2009 10:39 PM
Travelling with AP while on bench dwhuser Travel out of country and re-entry during/after 485 filing 11 07-31-2009 12:36 PM
Benefits while on bench vnsriv Tax, Social Security and Financial Issues for Immigrants and Nonimmigrants 10 09-22-2008 01:21 PM
Being on Bench - Out of Status? manoj_2002 Retrogression, priority dates and Visa bulletins 34 08-03-2007 02:57 PM



All times are GMT -4. The time now is 05:08 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org