pasupuleti
09-06 04:12 PM
Similar question came up during the last immigration attroney conference.I heard attorney say, as long as someone is working for the same company filing for GC should't be a problem.
You can check the transcripts & audio for the conference here..
http://immigrationvoice.org/forum/showthread.php?t=1267
You can check the transcripts & audio for the conference here..
http://immigrationvoice.org/forum/showthread.php?t=1267
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ivgclive
03-21 06:29 AM
Only for the first time it is hard for you. Second time it becomes very easy.
There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.
Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!
Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.
:D
There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.
Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!
Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.
:D
Joey Foley
May 16th, 2005, 07:58 PM
So far, I think I'm going to pick four to send in.
Man, I wish that dust of dirt or whatever it is wasn't on there.
I might give it a other try.:confused:
Man, I wish that dust of dirt or whatever it is wasn't on there.
I might give it a other try.:confused:
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senk1s
10-04 05:31 PM
or is it the same question you wanted an answer to?
more...
cagcwait
02-21 05:00 PM
Info posted by BerkeleyBee in a different thread. This should be in the Resources section..
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
ashwinicool67
04-29 12:30 PM
Well, the fear I have is that prior to my AOS being filed , I was not paid for 5-6 months in the initial few months of start of H1. And I am not sure if thats considered out of status (bench period). So if during H1 extension this thing comes up I am worried that my AOS will get affected by this. I have read at least one case where they asked during I-485 this information.
more...
a_yaja
06-18 12:34 PM
babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".
There was no issue with the I-140 approval.
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".
There was no issue with the I-140 approval.
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blizkreeg
01-27 02:39 PM
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
more...
eb3_nepa
11-05 10:28 PM
Hello everyone,
Can anyone shed more light on what kind of jobs qualify for NON-Cap H1B jobs?
A few months ago people had floated the term "Non Cap H1bs".
Thanks
Can anyone shed more light on what kind of jobs qualify for NON-Cap H1B jobs?
A few months ago people had floated the term "Non Cap H1bs".
Thanks
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dealsnet
09-08 11:22 AM
If you don't have free long distance phone, call to this number will be charged. If you are calling from cell phone, the minutes will be reduced. It is normal for using calling card. But this is free. No toll free number for calling.
On the website it says...
* Calls to Access numbers will be charge by local operator.
Any ideas what these charges are?
On the website it says...
* Calls to Access numbers will be charge by local operator.
Any ideas what these charges are?
more...
namm80
01-10 04:42 PM
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
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kilubilu46
08-06 10:07 AM
Could not attend the coffee appt. Hopefully will be able to attend the lunch.
more...
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gcformeornot
04-08 05:47 PM
1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
are 2 locations based on states where you live.
Dallas and Phoenix.
If you live in:
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.
Mail your application to:
USCIS Phoenix Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 21281
Phoenix, AZ 85036
For Express mail and courier deliveries:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia
USCIS Dallas Lockbox
For U.S. Postal Service (USPS) Deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
Attn: AOS
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
are 2 locations based on states where you live.
Dallas and Phoenix.
If you live in:
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.
Mail your application to:
USCIS Phoenix Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 21281
Phoenix, AZ 85036
For Express mail and courier deliveries:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia
USCIS Dallas Lockbox
For U.S. Postal Service (USPS) Deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
Attn: AOS
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
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snowshoe
01-01 09:00 AM
I just returned from my 4 days cruise with a stop at Calica, Mexico. Here is my experience with the Customs and Border Patrol officer at the Port of Miami:
I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.
After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.
(while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).
I wish all of us a very happy new year.
I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.
After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.
(while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).
I wish all of us a very happy new year.
more...
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Cataphract
02-17 09:34 AM
After a very enthusiastic and motivating conference call the volunteers have decided to meet in person to network and strategize and agree on the next steps to tackle the pressing issues.
The location is a McDonalds in Tysons Corner, VA
The exact address is
8111 LEESBURG PIKE
VIENNA, VA 22181
We plan to meet on this Sunday, February 19th at Noon.
Everyone from VA/DC/MD is welcome to join us, this way we will get to know each other better and can work out a plan faster.
The location is a McDonalds in Tysons Corner, VA
The exact address is
8111 LEESBURG PIKE
VIENNA, VA 22181
We plan to meet on this Sunday, February 19th at Noon.
Everyone from VA/DC/MD is welcome to join us, this way we will get to know each other better and can work out a plan faster.
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GCard_Dream
07-09 11:43 AM
Any comment guys.
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tikka
05-31 04:58 PM
Now is the time to take action.
Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
we need $ for lobbying.
Thank you
Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
we need $ for lobbying.
Thank you
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a1b2c3
07-04 11:57 PM
Is this for sport or for self-protection, if you don't mind me asking. What kind of gun would it be? Just curious.
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s416504
11-18 01:00 PM
Please specify time line (MMYY) about your status from begining. Also mention period USCIS asking your legalility. I think You should be OK as long as AOS pending.
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.
mps
08-15 05:02 PM
You need to read AC21 carefully
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
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