desi3933
04-02 07:43 AM
....
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
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wandmaker
11-27 05:08 PM
skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.
desi3933
02-10 10:14 AM
.....
My Employer is sure that he gave NO for that question but I am not sure. .....
Why you think that Employer could have answered YES for that question?
.
My Employer is sure that he gave NO for that question but I am not sure. .....
Why you think that Employer could have answered YES for that question?
.
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vsuri
11-16 08:14 PM
Yes, you will need an Advance Parole or an appropriate visa to enter the US from Canada. AP approvals are taking close to 3 months these days so you should e-file your application ASAP. Also, call USCIS at (800) 375 - 5283 to expedite your application once you have the receipt number since you need to travel at such a short notice.
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
more...
guyfromsg
07-18 11:59 PM
What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
snathan
08-10 10:25 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
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Green_Always
07-28 08:20 PM
fyi
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
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PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
more...
GCDreaming
10-25 10:56 PM
All,
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
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fromnaija
06-23 12:46 PM
In addition there are applications that are labelled 'EXPEDITES' on receipts. These are applications where the applicant or one of the dependents is between 20 and 21 years old.
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sw33t
08-10 05:16 PM
Bumpity bump. Join us
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Suva
08-08 01:02 AM
I think WorldMed insurance is excellent. Check this...
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http://www.travelinsure.com/what/wmedhigh.htm?32701
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stefanusc
03-13 01:21 PM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
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hariswaminathan
10-04 01:02 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
more...
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fromnaija
01-25 05:38 PM
First off, there is nothing like EAD status. What you are right now is AOS-pending. It does not matter that you are a dependent on your spouse's or parent's adjustment of status application. You may work as long as your EAD is valid. You may also decide not to work if you so desire. As long as your AOS application is in process you are under what is termed authorized stay, so your stay is legal.
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roseball
01-02 10:09 PM
Hi sir,
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.
more...
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TomTancredo
03-02 01:22 PM
Lets see what moderators have to say about these threads ... I guess we should be ashamed ourselves to be called "highly skilled" and "educated".
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
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ponnuswamyp
09-28 12:21 AM
I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.
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Saun
09-15 09:37 PM
Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
prk_stl
06-30 04:28 PM
Thanks. I am guessing the same.. but for my friend, his lawyer entered the Card valid start and end dates on the EAD card for this date field...
that is why I am looking for a confirmation.
that is why I am looking for a confirmation.
vghc
07-20 11:31 PM
Msians will be issued a visa the the point of entry. Commonwealth country thingy.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
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