GC_Geek
10-22 05:23 PM
Opening the new thread since the first thread was closed by the Admin..
Update from my case: My AP was approved today(along with my spouse AP)
See my signature for more details
Update from my case: My AP was approved today(along with my spouse AP)
See my signature for more details
wallpaper Emma Watson Covers Vogue July
Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
nomi
10-27 12:49 PM
This is same rule in MN too. My wife extend her H4 with dirver license. You need to get her H1b approval first and then renew her license with new H1b Expiration Date. Hope this will help.
Thx.
Nomi
Thx.
Nomi
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sheela
08-11 01:02 PM
Are you 16 or under? Were you applying with your parents? oh, i signed for my daughter aged 16
more...
AZ_GC
08-22 06:46 PM
The answer is Yes you can switch to new employer. Your H-1 does not matter anymore as you have applied for AOS and you have a valid EAD which you can use for AC21 portability for a new employer after 180 days.
gchopeful2
08-01 12:56 PM
The has to be physically present in the US to apply for 485. If she does not have a passport then she cannot file for 485.
**NOT A LEGAL ADVISE**
**NOT A LEGAL ADVISE**
more...
Archana_D
05-05 12:42 PM
Hi All,
I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
Is it possible to port priority date of my EB3 to EB2?? with my new employer?
Thanks.
I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
Is it possible to port priority date of my EB3 to EB2?? with my new employer?
Thanks.
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ragz4u
03-15 09:48 AM
I believe the senate majority and minority leader do have the right to call for debates on a previously declared holiday. Thats excactly what happened during the debate for S.1932. It went late into the night until 1.00 am and then restarted next day on a holday!
more...
pappu
06-15 06:31 PM
Under advocacy menu on the top, select 'state chapters'
Then go to the bottom of the page
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
Then go to the bottom of the page
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
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sadshaq12
11-06 01:13 PM
Hi!
any update on your RFE
its look like NSC is sending RFE for old PD date
mine PD is also 2001 and they ask for 2001 tax return and w2
what did you submit in your rfe response
any update on your RFE
its look like NSC is sending RFE for old PD date
mine PD is also 2001 and they ask for 2001 tax return and w2
what did you submit in your rfe response
more...
EAD
02-28 02:49 PM
Hi Guys,
I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.
Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.
Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�
Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�
Thanks,
I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.
Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.
Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�
Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�
Thanks,
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sumanitha
12-06 05:13 PM
I am a question regarding h1b stamp.
I am working for a company (A) and I have visa stamp for company A until Dec 2010. I am planning to switch to company B soon. I was wondering if I need another visa stamp with company B or the same stamp will do. I am planning to visit India in February.
Thanks in advance
As for as my memory goes, you dont need to get a visa stamp till Dec 2010. However, when you reenter USA, you need to show the current company's I797 at the port of entry.
Hope this helps.
PS: I am not a lawyer and I am giving suggestions based on my experience.
I am working for a company (A) and I have visa stamp for company A until Dec 2010. I am planning to switch to company B soon. I was wondering if I need another visa stamp with company B or the same stamp will do. I am planning to visit India in February.
Thanks in advance
As for as my memory goes, you dont need to get a visa stamp till Dec 2010. However, when you reenter USA, you need to show the current company's I797 at the port of entry.
Hope this helps.
PS: I am not a lawyer and I am giving suggestions based on my experience.
more...
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go_guy123
06-30 12:45 PM
Thomas Friedman has a great op-ed piece in today's NY TImes that emphasizes that the US is going to have to innovate like crazy if we're going to emerge from this recession on top. And a liberal skilled immigration policy has got to be part of our strategy. Here are some of the key quotes: I still believe that America, with its unrivaled freedoms, venture capital industry, research universities and openness to new immigrants has the best assets to be taking advantage of this moment � to out-innovate our competition. But we should be pressing these advantages to the max...
More... (http://blogs.ilw.com/gregsiskind/2009/06/friedman-invent-invent-invent.html)
Yes, doesn't Thomas Friedman belong to the category of people who believe in flat world ?
More... (http://blogs.ilw.com/gregsiskind/2009/06/friedman-invent-invent-invent.html)
Yes, doesn't Thomas Friedman belong to the category of people who believe in flat world ?
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waitin_toolong
07-24 09:02 PM
you dont need to send an amendment or anything else, when she applies for COS they can track it.
more...
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fromnaija
06-11 01:59 PM
Your MAVNI adjustment of status should cover your family, so they should be adjusting with you. You do not need to or have to send them to your home country.
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uma001
08-03 08:52 AM
Hello,
I am working for a company A with whome I have gone ahead and resigned with them i also filed my GC and 485 is still pending with them and also have EAD through them, recently i got offer from Company B which i accepted and they have gone ahead and filed my H1 Tranfer but recently i got one more offer from Company C which is much better.
What should be done in this scenario,should i again file for H1 Transfer through Company C or will it mess up my case even more
Join Company C since it is better offer. Look for your benefits..always.:)
I am working for a company A with whome I have gone ahead and resigned with them i also filed my GC and 485 is still pending with them and also have EAD through them, recently i got offer from Company B which i accepted and they have gone ahead and filed my H1 Tranfer but recently i got one more offer from Company C which is much better.
What should be done in this scenario,should i again file for H1 Transfer through Company C or will it mess up my case even more
Join Company C since it is better offer. Look for your benefits..always.:)
more...
makeup Emma Watson graces VOGUE Cover
bitzbytz
06-21 02:08 PM
I know a person, who was on H1b since Oct 06 without Pay (with valid H4visa stamp) and In feb 07 , she went to India and returned to US on her unexpired H4 visa. Did anyone hear similar stories.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
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piyu7444
03-16 12:05 AM
Myself(Husband) & mywife both came on H1B from same employer.
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
His status is AOS. Unless a decision is made on your GC he needs no other visa or documentation to be in USA. If your GC application gets denied (Should not happen ever) then you lose AOS and you will have to talk to an attorney to see how long you can be in US - for the sake of filing an MTR etc.
Once a person files for 485 and application is pending a decision they can be in US without a VISA. If you travel outta US and needs re-entry that could be done useing AP. Hope this helps........
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
His status is AOS. Unless a decision is made on your GC he needs no other visa or documentation to be in USA. If your GC application gets denied (Should not happen ever) then you lose AOS and you will have to talk to an attorney to see how long you can be in US - for the sake of filing an MTR etc.
Once a person files for 485 and application is pending a decision they can be in US without a VISA. If you travel outta US and needs re-entry that could be done useing AP. Hope this helps........
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dbzfan33
10-07 08:11 PM
:( is it possible to get it as a fla file? if not can you make the background black?
thanks!
thanks!
themagicflasher
07-10 07:33 PM
"O "range
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Very very clever. This one is my personal favorite...Great job!
:hugegrin:
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Very very clever. This one is my personal favorite...Great job!
:hugegrin:
frostrated
12-01 11:47 AM
Check with your international students office. In our time, they needed to sign the I-20 before you/your wife can leave the country. I also think she needs a separate I-20 with a F2 endorsement. She should not just carry your I-20 with her name in it, then you are supposed travel with her. Again, these were the old rules and I am not an attorney and this is not a legal advise, just from my personal experience.
this only applies if your spouse does not have any other visa. In the Op's case, she already has a 10 year visa, so she is okay to visit. Just make sure that you are able to show the necessary funds for support when she lands here.
this only applies if your spouse does not have any other visa. In the Op's case, she already has a 10 year visa, so she is okay to visit. Just make sure that you are able to show the necessary funds for support when she lands here.
