roseball
03-31 11:11 PM
Hi please can anyone kindly help? My husband would like to transfer to another company, but his current company is paying him lower than the prevailing wage. They said that the base salary plus overtime were meeting the prevailing wage requirement, but according to DOL regulations, the prevailing wage shouldn't include overtime pay. If the H-1B transfer petition is filed by the new company and we submit the current pay stubs which show a lower pay, will that be a problem? What are the possible solutions without making the current company pay more to make up the #s (they are not willing to do so)? Just don't want to get into trouble and get investigation involved.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!
I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!
I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.
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sundar99
05-01 03:48 PM
Folks,
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
sundarpn
04-30 06:58 PM
what about if one changes jobs on AC-21 and then gets married and later wants to file 485 for wife?
Is anything needed from the old employer?
Is anything needed from the old employer?
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radhay
04-16 08:28 AM
adithi123, I am planning on sending to the address on e-filing receipt (TSC).
Also, there is another thread open for e-filing EAD related topic so you can post your questions there. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/18737-ead-e-filing-experiences-eb-44.html
Also, there is another thread open for e-filing EAD related topic so you can post your questions there. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/18737-ead-e-filing-experiences-eb-44.html
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
rajmalhotra
02-08 04:23 PM
Hello,
I am in process of finding H-1B sponsoring companies for my brother who is in India currently.
Is there anyway I can research a company.
- How many employees does it have
- How many h-1bs has that company filed in previous years (2006 & 2007)
- How many LCs (For greencard) has that company filed
- Financial condition of the company.
I had come accross a link earlier on IV forum which had prior h-1b info but can't find that thread now.
Any help is appreciated.
-Raj
I am in process of finding H-1B sponsoring companies for my brother who is in India currently.
Is there anyway I can research a company.
- How many employees does it have
- How many h-1bs has that company filed in previous years (2006 & 2007)
- How many LCs (For greencard) has that company filed
- Financial condition of the company.
I had come accross a link earlier on IV forum which had prior h-1b info but can't find that thread now.
Any help is appreciated.
-Raj
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kode
10-12 04:24 AM
maybe importing your swf or swft exported from swift into flash? :sleep:
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kmuralidhar
08-22 12:12 PM
I am on the same boat. My case was transfered to NSC and my receipt number starts with WAC.
I am a July 2nd 2007 filer. When i spoke with an IO few days back, he told me that they will process according to the NSC processing dates even through the receipt # starts with WAC. The IO has also confirmed that even though the case has got two receipt dates (one with CSC RD and another with NSC RD), they will consider the first one (July 2nd) to process the case.
I am a July 2nd 2007 filer. When i spoke with an IO few days back, he told me that they will process according to the NSC processing dates even through the receipt # starts with WAC. The IO has also confirmed that even though the case has got two receipt dates (one with CSC RD and another with NSC RD), they will consider the first one (July 2nd) to process the case.
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kavas
03-29 01:06 AM
the webfax letter is great and articulate and I dont undermine its value. But what i meant was another one based on just the hard country quota dilemma/eb3 ;A petition highlighting that even with the pro provisions our status will remain unchanged unless a amendment corrects it or provides a interim relief.
I dont think the fax would motivate any senator to present a amendment on the floor.It would surely educate and maybe earn their sympathy but would it do any good for our numbers??
A hard copy with full name,city,state of all members ..would that not mean a little bit more to them.I am not debating the work put in by the volunteers /admins its value is unparellel and hats off to all of you.
But the situation is getting so desperate that no measure seems inappropriate right now. Shoot all your arrows atleast one may strike or hit close to the aim!
I dont think the fax would motivate any senator to present a amendment on the floor.It would surely educate and maybe earn their sympathy but would it do any good for our numbers??
A hard copy with full name,city,state of all members ..would that not mean a little bit more to them.I am not debating the work put in by the volunteers /admins its value is unparellel and hats off to all of you.
But the situation is getting so desperate that no measure seems inappropriate right now. Shoot all your arrows atleast one may strike or hit close to the aim!
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BECsufferer
08-10 09:14 AM
this is just like what people talk about IRS. I got packet in mail asking to contact immediatly field officer at local office regarding 2006 tax returns. Thinking worst, I didn't even go beyond subject line and everybody I talked or told, scared me to death. Finally, I mustered up courage to go line-by-line. Didn't understand what they were talking about and neither did the notice had my name or SSN. So left with no-choice, called IRS and found that documents were for previous resident!
Lession for me (and all) ... if you haven't done anything wrong intentially, their is nothing to be afraid about.
Lession for me (and all) ... if you haven't done anything wrong intentially, their is nothing to be afraid about.
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nozerd
05-02 07:25 AM
gcsucks,
I have done quite some research on this. Bottom line is you are taking major chance in loosing it unless one of the following applies.
1) You are married to Canadian citizen.
2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Otherwise you are taking chance. The airlines etc will still let you board a plane etc to go there, and Canadian Govt is bound to let you in, but then you will have to fight a case against the cancellation of PR order and its a mess.
I would say decide one way or the other. I know its easie said than done.
If you are in EB3, than unless new laws are passed or something changes, you could go to Canada, live there 3 yrs, get Canadian citizenship and your PD will still be waiting for you at May 1st when you come back.
Best of luck
I have done quite some research on this. Bottom line is you are taking major chance in loosing it unless one of the following applies.
1) You are married to Canadian citizen.
2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Otherwise you are taking chance. The airlines etc will still let you board a plane etc to go there, and Canadian Govt is bound to let you in, but then you will have to fight a case against the cancellation of PR order and its a mess.
I would say decide one way or the other. I know its easie said than done.
If you are in EB3, than unless new laws are passed or something changes, you could go to Canada, live there 3 yrs, get Canadian citizenship and your PD will still be waiting for you at May 1st when you come back.
Best of luck
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indio0617
01-30 12:15 PM
If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
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prioritydate
08-18 05:22 PM
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
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arya_322
07-24 03:23 PM
I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???
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huma
10-07 08:35 AM
I am working under CPT from a university. I am not planning to continue school if i get h1b. My last day to register for classes is Oct 10th. My h1b case in USCIS website days it is received and pending. I filed for premium processing on Sept 23rd, application reached to USCIS on 24th. It will be 15 calender days on Oct 9th. In this case can i work without registering at school after OCT 10th?
I will really appreciate any suggestions.
Thanks in advance.
huma
I will really appreciate any suggestions.
Thanks in advance.
huma
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udaykaran
05-15 07:10 PM
http://www.cnn.com/2007/TECH/05/15/high.tech.visas.ap/index.html?eref=yahoo
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
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wandmaker
01-10 10:30 AM
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
you are correct for #3
you are correct for #3
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InTheMoment
06-15 03:47 PM
How long ago was this approval done and from which service center ?
Also do you remember how long it took for the receipt notice ? I hear for PP services one also get a receipt thro' e-mail if provided by the attorney.
Also do you remember how long it took for the receipt notice ? I hear for PP services one also get a receipt thro' e-mail if provided by the attorney.
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manish756
04-12 04:32 PM
Thanks a lot . she is travelling on AP. I haven't received the RFE till now.
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
ameryki
03-23 08:48 PM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
gxtrader
10-12 01:19 AM
Just pray that the next notice wont be "Today we sent notice to you that we forgot to enclose your card" :D
Actually im on same boat i.e. Oct 5 - card ordered , Oct 11 - approval notice sent. Wish they saved on stamps & enclosed the d**n card! :)
Actually im on same boat i.e. Oct 5 - card ordered , Oct 11 - approval notice sent. Wish they saved on stamps & enclosed the d**n card! :)
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