Wednesday 29 June 2011

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  • 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.




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  • priya.r
    12-27 10:56 PM
    Thank you all for your valuable input.




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  • Gator
    02-26 05:00 PM
    Hi-

    I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.

    I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
    I-485 : $395.00
    I-765 : $180.00
    I-131: $170.00

    Can someone please advice if I need to include the fee for AP and EAD renewal.

    Thanks




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  • gconmymind
    01-04 05:19 PM
    Can you please also post some insurance names for everyone's benefit. Also, do you know the difference between consulting on 1099 vs. creating an LLC and consulting? Any advantage of having an LLC? It costs $800 per year to maintain in California. I tried to find info on the web, but am confused. Any pointers are appreciated!



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  • waitingnwaiting
    12-03 02:03 PM
    I got laid off recently.

    Now got job with 2 companies. 1 small and 1 big. 3 questions:
    (1) Should I select based on my salary? Big company offers more salary.
    (2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
    (3) If I transfer H1B Is Big company likely to get RFE or small?




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  • baburob2
    09-08 07:38 PM
    that shouldn't be any issue. She would be admitted at POE. However if she has filed for H4 extension and if the H4 extension is pending when she enters into US, the H4 extension will be considered abandonded and will be asked to go to consulate for stamping before her I-94 expires and can't use the approved H4 extension's I-94. check with yuour attorney on it.



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  • ferozmd
    09-21 04:12 PM
    I'm in the same boat.

    Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.

    After reading your post today, I checked the online status again and the LUD is 9/17.




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  • bestin
    10-05 03:19 PM
    ARE YOU THE SAME ONE WHO MISSED SENDING YOUR WIFE'S PACKAGE!!!!!AND NOW YOU ARE GOING TO INDIA FOR YOUR MARRIAGE!!!


    Dear All,
    I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!

    Now how should i proceed?? My wife is on H1-B currently. Any ideas??

    My priority date is 25 jan 05 - eb2.

    Thanks,
    KK.
    Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D



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  • engineer
    10-30 07:42 PM
    (bump /\)
    (bump /\)




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  • senthil
    01-25 09:56 AM
    - usually they mention if they support visa type employees ( like H1B etc )
    - most fo the these jobs require jobs either GC / Citizenship

    check out the details how you apply for security clearance to see what are their minimum requirements. maybe you can get some valuable inputs there.



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  • raydon
    06-25 08:15 PM
    Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
    I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
    Please let me know.
    FYI..We have our EAD and I-485 is pending with approved I-140.

    Thanks for your help.
    Jignesh

    You should not have any issues travelling via Frankfurt to India with an expired visa stamp. I've travelled as recently as last month with an expired visa stamp.Returning to the US with a visa stamp or using advanced parole should be fine.




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  • sgudge
    02-13 06:04 PM
    ya i know exactly what you want to say , its easy for them follow the pattern.

    maybe its best that 1 year i go to visit her and 1 year i call her over here .


    :-)



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  • desi3933
    05-14 10:12 AM
    Hi,
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!

    As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -

    http://www.ilw.com/articles/2006,0119-eiss.shtm




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  • madooripraveen
    10-13 01:28 PM
    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
    shows different dates for EB3 India.
    May be typo ????



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  • VenuK
    06-16 05:55 PM
    H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
    during the same time
    i have applied for H1 transfer to company (Y) through consular processing. I got approval.
    If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
    also
    Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
    company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
    My paystubs are still with company (x) till month of May 2008.
    how good are chances of getting visa if im going for stamping in month of July, 2008

    pls advice... what should i do in the situation i'm in




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  • rathodman
    04-28 12:54 PM
    Hi,

    I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:

    1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
    2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
    3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
    5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?

    I'll really appreciate your response on this.

    Thanks,
    Manish



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  • abcka111
    05-14 01:35 AM
    Any help from an attorney would be appreciated




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  • thakkarbhav
    01-20 02:14 PM
    You can donate one H1B to someone who needs it...just kidding..your both H1Bs are valid.
    No need to update company2 about the extension.
    When you go for stamping then carry necessary papers for compnay2...simply forget about compnay1. Thanks.




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  • wheyprotein
    05-25 10:06 AM
    Hi.

    I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.

    My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.

    I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.

    Thanks!!




    bfadlia
    04-29 04:19 PM
    I came across this one very interesting read on how the Visa cutoff dates are established...

    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf


    I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)




    Maverick1
    10-30 03:46 PM
    OK.

    Is there anyone who has the same status on AP and actually received the approval notice?

    Thanks.

    Same status for about a week. No letter yet 10/30.



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