lacrossegc
09-06 05:00 PM
" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
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Ψ
06-06 11:48 AM
dude u are exactly ite blue mean good and red means evil.........
uma001
05-24 10:14 AM
you may get 100 points it does not matter, We are still going to have country caps ...
How can i get 100 points, i dont have TOEFEL score and no relatives in US.
How can i get 100 points, i dont have TOEFEL score and no relatives in US.
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hary536
05-18 07:41 PM
Hi,
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
more...
rajnag21
07-20 07:28 PM
Hi All,
Is having paystubs absolutely essential or will w2's suffice ?
Is having paystubs absolutely essential or will w2's suffice ?
Green_Print
07-25 02:59 PM
Yes, I had the same question and this is what my lawyer had told me
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
more...
gc_freedom
02-21 02:28 AM
admesystems you can apply for AP but you can not use it because you were out of status for 1 year you will not be allowed to enter US for next 10 years!
So it's of no use to you.
gc_freedom
So it's of no use to you.
gc_freedom
2010 much in the tattoo scene.
kanaihya
09-26 05:32 PM
I called the lady IO to get the RN but no luck ..90 days wait ..go to sleep mode ..
more...
snathan
03-19 07:58 PM
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
I think you need to talk to the CPA for tax and not lawyer....
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
I think you need to talk to the CPA for tax and not lawyer....
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waitin_toolong
07-30 01:31 PM
Congratulations,
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
more...
sundarpn
04-14 04:45 PM
Hey all,
I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.
I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )
I have another new job offer (permanent) from a company in bedford, boston.
The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:
So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.
2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.
3. Another option I can think of is forget this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?
Appreciate any opinions.
I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.
I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )
I have another new job offer (permanent) from a company in bedford, boston.
The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:
So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.
2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.
3. Another option I can think of is forget this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?
Appreciate any opinions.
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fromnaija
04-20 05:28 PM
IF you move to a different city that is not within the same Metroplolitan Area, yes you will have to restart your GC process. The good news however is that you can retain the priority date if your old I-140 is approved.
more...
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delhirocks
05-31 01:21 PM
This is the least we can do...
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hsingh82
03-12 09:50 PM
Congrats!! I can just feel your excitement in the title!
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patelkirti
04-17 08:55 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
dresses September 21. By: Ren Sakurai
a_yaja
01-06 04:39 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Please let me know if there is any merit in the above statement?
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Rayyan
08-04 12:52 PM
Please http://www.indiacgny.org/
under Consular services----> passport----> name change.
It is pretyy easy.
Thx
under Consular services----> passport----> name change.
It is pretyy easy.
Thx
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vin13
07-28 10:41 AM
As others have already mentioned each state has a different rule. Based on your state, you may be eligible for unemployment benefits. But what is more important is that now you are saying you do not have a job by claiming unemployment. Green Cards are for future job. If you are on unemployment compensation, how would you prove your eligibility for green card if questioned.
Dependent family members can avail unemployment without much concern of jeopardizing their Green Card.
Dependent family members can avail unemployment without much concern of jeopardizing their Green Card.
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HRPRO
03-07 11:29 AM
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
hitpauler
04-21 12:37 PM
Gurus,
I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.
Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.
I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.
Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.
rayen
05-19 05:01 PM
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
Lalith,
Thanks for the promt update.
Thanks again.
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
Lalith,
Thanks for the promt update.
Thanks again.
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