gcpower1
01-27 07:11 PM
you are breave enough to fight 221g....
Welcome to USA after looking all this mass you still want to came to USA....
Welcome to USA after looking all this mass you still want to came to USA....
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kingkon_2000
07-15 12:16 PM
I am a July 07 filer. Recently I sent in EAD renewal application and got it approved within a month. When I saw my EAD card the Sex category on it was F instead of M. Now what are my option. Should I reapply for EAD or continue working on it. I changed my employer last month and am currently working on EAD.
TIA
TIA
saketkapur
03-10 12:54 PM
Its at the discretion of the officer at POE.......I was asked for my EAD even when I had a valid H1B and last time when I had travelled on AP I was asked for my EAD......
why don't you apply for duplicate documents with the USCIS?
above is just my experience.......
why don't you apply for duplicate documents with the USCIS?
above is just my experience.......
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ashokmohan
02-19 11:31 AM
Had the appt on monday morning and got the passport back on Wednesday evening at 3 pm .
more...
sidd
07-08 01:54 AM
Hi,
Is there any fee applicable (or no fee) for RENEWAL of AP document, if I-485 has been filed with new fee structure ($ 1010) ?
Thanks.
Is there any fee applicable (or no fee) for RENEWAL of AP document, if I-485 has been filed with new fee structure ($ 1010) ?
Thanks.
fasterthanlight�
05-16 09:49 PM
Yup.
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ramus
07-05 02:09 PM
Here is media thread..
http://immigrationvoice.org/forum/showthread.php?t=5994
I am keep asking every member to spend 15 mins to find out right thread before opening new thread.. Its very difficult to keep track of every thread..
Please post any media related post on http://immigrationvoice.org/forum/showthread.php?t=5994
Thanks.. Hope you understand.
http://immigrationvoice.org/forum/showthread.php?t=5994
I am keep asking every member to spend 15 mins to find out right thread before opening new thread.. Its very difficult to keep track of every thread..
Please post any media related post on http://immigrationvoice.org/forum/showthread.php?t=5994
Thanks.. Hope you understand.
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martinvisalaw
12-16 05:14 PM
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
more...
setpit_gc
04-29 12:26 PM
Hi,
I am planning to visit India next month. I will transit thru Dubai in Emirates Airlines from West Coast. My 485 is pending and have valid AP and EAD. I have expired H1B visa stamp in my passport.
Did anyone use AP in this route?. Will I have any issues with Emirates Airlines and during transit in Dubai using Advane Parole?.
Please someone help me.
Thanks
Ram
I am planning to visit India next month. I will transit thru Dubai in Emirates Airlines from West Coast. My 485 is pending and have valid AP and EAD. I have expired H1B visa stamp in my passport.
Did anyone use AP in this route?. Will I have any issues with Emirates Airlines and during transit in Dubai using Advane Parole?.
Please someone help me.
Thanks
Ram
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BharatPremi
04-13 01:11 PM
Perhaps you may be right. I have not digged that much ....But I will go through that in detail..
Some respectable names in the members list...
I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....
Some respectable names in the members list...
I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....
more...
wandmaker
06-23 10:09 AM
You will say 'YES' for yourself and 'NO' for your dependents. Immigration petition is nothing but I-140, if any of your family members have filed I-140 then answer would be 'YES'
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WeShallOvercome
01-10 06:43 PM
Gurus,
I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.
I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.
I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...
Some of the offers that I have can wait for a few more weeks...
What do you guys think I should do in this case..
Mainly worried about these aspects:
1. Non-compete agreements
2. Bond signed at the time of agreement
3. Leaving employer soon after getting my GC.
Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...
Thanks
I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.
I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.
I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...
Some of the offers that I have can wait for a few more weeks...
What do you guys think I should do in this case..
Mainly worried about these aspects:
1. Non-compete agreements
2. Bond signed at the time of agreement
3. Leaving employer soon after getting my GC.
Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...
Thanks
more...
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jambapamba
07-23 07:53 AM
I just read somewhere...that if I do not file by I140 by July 31 the i lose chance to file I485 by august 17..which i could file anyway together if I have to file it by July31..Is this true..
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
I think its only for labor exempt cases. Since your PD is 2001...u r fine to file by aug17th
Some people here say LC must be cleared by July 31st...so u r fine that way too. Your LC will say a approval date in July...so u r ok...(eventhough some argue that its not important)
the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance
My PD is Oct 2001
Please please let me know!!
DB
I think its only for labor exempt cases. Since your PD is 2001...u r fine to file by aug17th
Some people here say LC must be cleared by July 31st...so u r fine that way too. Your LC will say a approval date in July...so u r ok...(eventhough some argue that its not important)
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kannan_28
08-03 01:18 PM
Hello Friends,
I am a new member and i am planning to join company. How long will take to tranfer visa from AAA to BBB? and one more doubt, is there any limitation to file Labour because i haven't file labour by current company. my new company may be filling my labour would take 3 to 4 months. is that making any problem to file labour after few months?
please clarify my doubts.
thanks,
kannan.
I am a new member and i am planning to join company. How long will take to tranfer visa from AAA to BBB? and one more doubt, is there any limitation to file Labour because i haven't file labour by current company. my new company may be filling my labour would take 3 to 4 months. is that making any problem to file labour after few months?
please clarify my doubts.
thanks,
kannan.
more...
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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)
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09-24 12:24 PM
thanks!
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Legal
07-23 10:41 AM
For EB3 case, after receiving the approval for I 140, I know that we have to wait till DOL Proiority Date is current to be able to file for I485.
If we decide to receive the green card in any consulars overseas, can we just go ahead and file the I485 after getting the I140 approval? (without waiting for PD to be current):
I am sorry to put it to you this way...............
but you are deep inside in a hopeless tunnel and you have delusions that there may be a hole you can escape through. Nope.
If we decide to receive the green card in any consulars overseas, can we just go ahead and file the I485 after getting the I140 approval? (without waiting for PD to be current):
I am sorry to put it to you this way...............
but you are deep inside in a hopeless tunnel and you have delusions that there may be a hole you can escape through. Nope.
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nhgc
03-12 12:40 PM
I140 pending under EB3, non premium category with receipt date 2/1/07.
I have worked for my current company for 6 years. Currently in the 7th year of H-1B with 1 year extension until March 08.
I want to change jobs due to dissatisfaction with current work, and also due to possible future restructuring within company.
How can I change companies without having to go back or live overseas for 1 year and start the process all over again?
Thanks,
I have worked for my current company for 6 years. Currently in the 7th year of H-1B with 1 year extension until March 08.
I want to change jobs due to dissatisfaction with current work, and also due to possible future restructuring within company.
How can I change companies without having to go back or live overseas for 1 year and start the process all over again?
Thanks,
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wc_user
07-21 01:47 PM
Hi,
I have a question regarding Priority Date Re-capture. When a new I-140 is filed requesting priority date re-capture from the old I-140, what happens to the old I-140. I hope the old I-140 is not cancelled. The reason I ask is, if the new I-140 runs into any issues, I don't want to lose the old I-140 as well. Thanks.
I have a question regarding Priority Date Re-capture. When a new I-140 is filed requesting priority date re-capture from the old I-140, what happens to the old I-140. I hope the old I-140 is not cancelled. The reason I ask is, if the new I-140 runs into any issues, I don't want to lose the old I-140 as well. Thanks.
mordaut
04-27 08:47 PM
Ummm... Bump?
mna123
12-17 07:32 PM
My I140 is approved and my I485/EAD/AP was applied last month and nothing is approved yet.
The company finances are not looking good , if I lose the job then what would happen to my GC application. I am hoping to get EAD before company pulls the wire on me though.
What would be my best options. Please reply ASAP
Thanks,
The company finances are not looking good , if I lose the job then what would happen to my GC application. I am hoping to get EAD before company pulls the wire on me though.
What would be my best options. Please reply ASAP
Thanks,
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