krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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ilikekilo
04-30 10:01 PM
good one there...way to go
webm
06-02 07:58 PM
Send it to TSC..which make sense..
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fromnaija
02-06 06:38 PM
Her H4 depends on my H1B validatity. Im said if i call AC21 using my EAD, then my H1B goes invalid and so her H4. Does this makes sense to you. Do you got other opinions ? If so let mw know. thanks.
EAD is not a status. It's just an authorization for employment. Since you have filed 485 you and your spouse are in adjustment and so I don't see how your using EAD to work invalidates her H4.
EAD is not a status. It's just an authorization for employment. Since you have filed 485 you and your spouse are in adjustment and so I don't see how your using EAD to work invalidates her H4.
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enqueued
12-15 08:43 AM
Hong
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
gc_bulgaria
11-25 02:07 PM
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
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nixstor
08-23 11:08 AM
First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
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nihar
11-23 08:07 PM
The issue is that i had applied for my h1 status this year and im completing my mba this year , as i thought i would be able to complete get a job . But alas now all im in is a soup . im about to complete my mba and be eligible for my cpt at the same time i have a dilema about my h1 approved or not . the query is dated the same day as the approval letter . now wat shud i do . i want to get a job and also guide me as to how should i apply for my jobs and also what should i do
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webm
09-10 05:31 PM
Even i'm in the similar situation..
Online status,CRIS email says AP approval notice mailed on Sep2nd,2009 (TSC), but still haven't received it on hand..
We never know this crazy CIS system...May be have to wait till 30days and call the customer service.:(
Online status,CRIS email says AP approval notice mailed on Sep2nd,2009 (TSC), but still haven't received it on hand..
We never know this crazy CIS system...May be have to wait till 30days and call the customer service.:(
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Hong12
12-15 12:14 AM
Thank you very much for your quick response. That is very sad though I would ask my lawyer to resubmit the application. My original document is with me in order to apply for H1 Visa at the Consular. At this point, I would send the original document back to my lawyer and ask him to do the premium process on my application. Another issue is that he refused to pay for the premium filing fee. He said that he would suggest me to find another lawyer in the case that he had to pay for my premium filing fee. He did not show any responsibilities on anything. Pls advise what I should do.
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pd052009
09-13 02:51 PM
You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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abhijitp
07-08 07:48 PM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
Sounds like a good idea.
May be we can get their help to gather support from pro India congressmen and senators
Sounds like a good idea.
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mnq1979
05-21 12:36 PM
well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?
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franklin
02-09 02:39 PM
franklin...good thread.
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.
Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D
Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.
Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D
Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !
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Guest007
02-12 02:07 PM
I was in same boat. And apparently there is nothing like I-94 extension according to my lawyer. So after your passport comes.. You go out of the country and come back for a new I-94. Or you apply for visa renewal. I had to apply for h1 extension anyway within 5 mos. So I applied for renewal. Hope this helps.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
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alterego
01-04 09:30 AM
Anyone with recent experience moving to Texas on EAD? Please share your experience with regards to Drivers license etc.
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
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jcrajput
06-09 11:09 AM
Can we have a visa stamping in other country than India if you are in USA? or we must need stamping from India?
Appriciate your help.
Thanks
Appriciate your help.
Thanks
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tinkugadu
07-04 10:25 PM
In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
thank you all guys, i will probably take a attorney and i am also preparing my self to give a good answer if they ask.
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
thank you all guys, i will probably take a attorney and i am also preparing my self to give a good answer if they ask.
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chanduv23
06-16 07:53 AM
Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
SunnySurya
08-21 05:40 PM
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TomPlate
11-16 04:18 PM
Who defeated who?
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