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  • maximus777
    08-13 03:39 PM
    What would happen to those in EB3 but havent filed their 485 yet, or prospective EB3 applicants who havent filed for labor yet? Not all jobs or applicants qualify in EB1/EB2 category - to hell with them?? :confused:




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  • priya.r
    12-24 01:30 PM
    Hello,

    Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

    The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

    If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

    Should the increase happen on October 1st 2010 when the H1B kicks in,

    or should the increase happen when the H1B gets approved ( between april - october )

    or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

    or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


    I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


    Hoping for your valuable replies as soon as possible.

    Thanks




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  • zwswim
    01-26 12:55 PM
    I am in H1b and my wife is a F1 student. Both of us are chinese.

    My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.

    My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.

    My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).

    Will this conflict have a huge affection on her F1 visa application in china?




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  • waitin_toolong
    10-03 11:40 AM
    as soon as you get it.



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  • jsb
    11-02 11:17 AM
    Dear Friends,

    Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
    before my I-485 status "runs out" ?

    My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

    Thanks.
    If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.




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  • phillyag
    07-17 10:41 PM
    I am going to be filing amendment to my previsously filed app. to add my wife.
    My lawyer said I can do that.



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  • rujulm
    11-03 01:26 PM
    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.




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  • Administrator2
    11-07 04:53 PM
    Dear IV Members,

    For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.

    Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -

    Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)

    Thanks,

    Team IV



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  • sashram97
    09-15 04:23 PM
    My husband thinks if he loses his job he would get unemployment and medicaid benefits if we are permanent residents.
    Now his job is fine, his insurance is going on good.
    But the question is when he loses his job.
    Thats why he is worried.




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  • SK2007
    10-04 04:33 PM
    my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

    what is safe for her? does she have any deadline to go back? is it 15 days or a month....

    someone please let me know...thanks ahead

    Generally, they give only one extension. Technically, I think she is already overstaying? The bigger problem will be coming back next time. Did you try calling them?



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  • yagw
    06-13 01:12 PM
    I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.

    An individuals income and their net worth is their personal information. I don't think you will get more info on this (that too in a public forum).




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  • reewik
    February 11th, 2005, 07:21 PM
    I like it. Very nice shot.



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  • little_willy
    10-26 09:51 AM
    One more incentive to attend the meet. Yippe!!!!




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  • eb2_immigrant
    08-01 05:30 PM
    I called USCIS to check the status of my pending I-485,PD-Dec2005. I was told they are processing applications with ND in July . My RD-2 July 2007 ,ND -28 Aug 2007.
    Since there was no email or online update about my approved AP,I-131, I asked rep to check the status out of curiosity, I was told that case is still pending and they are processing April 2008 applications.

    Here is the weird part; I received my approved AP 4 days back. How did that happen ????:eek::eek::eek: I donno.
    I know the online status is out of sync. My questions -Is this something I need worry about and call USICS to let them know that I have already received approved AP. I donno what�s going on with my other applications. Should I just wait to see the results in the mail and not rely on online status??
    Gurus and thopes pls help



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  • anilsal
    01-28 10:59 PM
    having valid AP at any time, even though is not a legal requirement, is a necessity due to potential emergency travel to home country or any other country. Hence it is safe to reapply AP 2-3 months before expiry and EAD 3-4 months before expiry. This will give you peace of mind.




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  • linklinklink
    06-25 02:53 PM
    For those who have same problem.
    I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.



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  • haroontabrez
    04-09 02:49 PM
    Mine too is LC substitution case.
    EB3-India-NSC-140- PD:April, 2004 - ND: 05/08/2007
    Last LUD: 05/21/2007

    Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?




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  • PresidentO
    02-03 01:50 AM
    Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
    -a

    Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
    The OP seemed very confused and thats why I suggested not to fill in on paper by hand.




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  • bp333
    10-10 09:05 AM
    Updated...
    I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent

    Mine was rejected on 9/19 "Missing or incorrect fee" haven't received the reject notice yet. Since 90 days have passed my attroney has decided to refile a RECONSTRUCTED APPLICATION on Monday (10/15).

    jcrajput: How long did it take for you to receive the rejection notice/package. Did the notice ask you to refile ?




    gcisadawg
    04-24 12:35 PM
    Thank you very much for quick response. My wife has NO stamping in the passport but we have AP. Do you think a copy of I797 will be OK at POE?

    Thank you very much!

    If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.

    I travelled with AP and a copy of I-485 receipt....Nothing else....

    Best wishes
    GCisaDawg




    Giles08
    04-01 08:15 AM
    zCool, Thanks a lot!


    Last Status counts situation DOES NOT apply here.
    That rule applies to situations where you've gone from h1b to h4 or ead etc..
    In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
    BUT you can ONLY work for 1 employer at a time..
    Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..



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