vjkypally
07-20 02:34 PM
well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?
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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
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
ya3
04-09 07:41 PM
lol... didn't turn out how I expected it to, but anyhow:
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arc
10-11 07:53 PM
http://immigrationvoice.org/forum/showthread.php?t=13046
Pls. go there and update your information there I ahve applied 3 mos back no FP yet.
Pls. upadte your data on the above post...
Pls. go there and update your information there I ahve applied 3 mos back no FP yet.
Pls. upadte your data on the above post...
more...
desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
ameryki
01-19 04:03 PM
mate not sure about delhi in particular but people here in this forum have been stuck without visas for over a month in some places due to delay related to PIM.
more...
indianindian2006
09-26 11:07 PM
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
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natrajs
08-21 05:36 PM
Just Wait, Nothing You can do!
more...
Libra
08-21 08:03 PM
please go to following link and poll
http://immigrationvoice.org/forum/showthread.php?t=12628
http://immigrationvoice.org/forum/showthread.php?t=12628
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corleone
11-14 08:24 AM
Are you sure this is for your I-485 and not for your EAD?
I got email last night for our EAD with exact same message.
I got email last night for our EAD with exact same message.
more...
vban2007
10-23 02:12 PM
I got LUD on AP (I-131).. What does it means? Is there any problem or RFE..
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amindarshana
11-28 03:26 PM
Is there any NewJersey Based applicant who filed 140/485 after July 30th ..got transfered to TSC and got receipt?
My Cases is
I filed 140/485 on Aug 3rd at NSC. Did not received receipt yet.
I opened Service request on 11/6.. and today IO told me that my application must have been transfered to texas, as I am NJ applicant.
I worried , if my application is not lost somewhere.
If there is anybody in similar situation. Please respond.
Thanks
My Cases is
I filed 140/485 on Aug 3rd at NSC. Did not received receipt yet.
I opened Service request on 11/6.. and today IO told me that my application must have been transfered to texas, as I am NJ applicant.
I worried , if my application is not lost somewhere.
If there is anybody in similar situation. Please respond.
Thanks
more...
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rb54321
07-27 08:41 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
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aadimanav
08-06 03:50 PM
I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
more...
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meridiani.planum
07-07 11:43 PM
I'm from Bangldesh
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
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vin13
01-09 08:40 AM
I am getting different options from what you see. type in "infopass" in google and select the first site that you get. Here are the options i get after typing the zip code and selecting the service center
1)You need Service on a case that has already been filed
2) You are a new Permanent Resident and have not yet received your Permanent Resident Card
3) You want to file an application in person
4) You need information or other services
5) You need a form.
We selected (4) to schedule an appointment
1)You need Service on a case that has already been filed
2) You are a new Permanent Resident and have not yet received your Permanent Resident Card
3) You want to file an application in person
4) You need information or other services
5) You need a form.
We selected (4) to schedule an appointment
more...
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pappu
02-08 10:27 AM
Thanks for letting me know. I think paskal is in India now. Anyways we had a very small window of time to seek someone quickly. I have found one member willing to reveal his name and give the interview. The information is forwarded to the reporter. The reporter has to quickly do a story so that should be all for now. In case the reporter needs any more members, I will open this thread. Otherwise the thread will remain closed.
Thanks everyone.
Thanks everyone.
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hsadan
09-30 07:55 AM
haha..but i can't seem to find a suitable color scheme :P
um...looks gritty? u talking about the 'rays', rite? i made it by drawing the lines and then radial blurring it...i used the good quality, maybe i should use the best quality next time :)
i have made some changes, including removing the words in the upperleft..but i can't change the flare cos i don't want to do it again :smirk: (took quite awhile ;))
thx for your comments...
(Anyone else? =) )
um...looks gritty? u talking about the 'rays', rite? i made it by drawing the lines and then radial blurring it...i used the good quality, maybe i should use the best quality next time :)
i have made some changes, including removing the words in the upperleft..but i can't change the flare cos i don't want to do it again :smirk: (took quite awhile ;))
thx for your comments...
(Anyone else? =) )
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Blog Feeds
07-08 11:30 AM
Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status. The actual conditional residence card will have a two year validity date. Individuals who obtained their resident status based on a marriage less than two years are required to file Form I-751 Petition to Remove Conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the conditional resident status becomes permanent.
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
sanju
09-05 01:25 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
ovaloffice
05-22 05:17 PM
Is there a way I can apply for a green card during residency for a future job two years down the road?
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