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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  • techchaat
    11-17 08:24 PM
    Hi,

    This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:

    Is it OK to go for H1B stamping with this I-129?
    What are the possible options to correct it?
    Will this be a problem for my Green Card processing?

    Please let me know if any further details are required from my side.





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  • svam77
    12-04 05:35 PM
    Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.





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  • deardar
    04-20 11:19 AM
    I entered into my 7th year few months ago and I have an approved I-140 and also 3 year extension.

    I dont have any documents of my approved labour or I-140 and I dont expect to get it from my employer either.

    Q1) In case I change my employer and go for stamping, will he ask me for any of the above documents as approved I-140 or Labour?

    q2) In case I happen to start my GC process again( assuming in yr 2007 in EB3), will how long will it take ( approx) for my PD to become current ?



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  • ronhira
    07-29 11:04 PM
    Carnegie Mellon University
    > 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)

    Cornell University
    > 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)

    Georgia Institute of Technology (Georgia Tech)
    > 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)

    University of Florida
    > 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)

    University of Michigan-Ann Arbor
    > 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)

    Purdue University
    > 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)

    Stanford University
    > 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)

    Texas A&M University
    > 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)

    numbers don't lie....... the latest is that indian students are going to other places in the world.... and indian students no longer consider US as the top destinations.....

    No. of Indian students going to US falls, rises for UK - India - The Times of India (http://timesofindia.indiatimes.com/india/No-of-Indian-students-going-to-US-falls-rises-for-UK/articleshow/6234927.cms)

    y should anyone be surprised with these numbers?





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  • Ryall
    09-30 01:59 AM
    Wacom is just that good. Period.



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  • bkarnik
    10-26 10:03 AM
    I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.

    Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.





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  • Blog Feeds
    05-05 06:50 AM
    The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.

    This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.

    Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.

    If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.

    Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.

    Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.




    More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)



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  • ychuck
    04-28 08:06 AM
    I do not know about I485...
    but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.





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  • rayoflight
    02-02 04:41 PM
    Hi,

    Couple of things he need to check.

    1) Annotation on the visa i.e the name of the company sponsoring the visa or its blank.

    2) Is it B1, B2 or B1/B2

    B1 is for business where as B2 is for Visiting. B1/B2 allows both.

    Cheers,
    Rayoflight

    P.S Please contact an attorney for legal opinion as I am just sharing the knowledge what I read online.



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  • style of Kristen Stewart



  • sukhwinderd
    11-15 04:00 PM
    has anyone thought about this :

    if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.





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  • lotsofspace
    12-31 01:34 PM
    ??

    Just added. You are too quick :) :)
    For some reason I could not add the poll options until I submit the message.



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  • arnet
    12-20 05:52 PM
    publish:

    "http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"

    to counter: (same article in 3 places)

    http://www.theconservativevoice.com/article/21297.html
    http://www.townhall.com/Columnists/P...ing_h-1b_visas
    http://www.humanevents.com/article.php?id=18532


    http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521

    ...appreciate it





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  • ya3
    04-09 07:06 AM
    ROFL! LOVE the IE+ads stamps :thumb::D
    FF and TB one's look slick, too ;)



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  • Kristen Stewart



  • martinvisalaw
    06-05 05:03 PM
    It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.





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  • life99f
    07-15 11:09 AM
    Guys, here is another post about DC rally:

    http://immigrationvoice.org/forum/showthread.php?t=6212



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  • dionysus
    06-14 12:21 AM
    Just be truthful in your applications and things will be fine.

    If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.



    Hi,

    Situation- PD Current and eligible to file 485

    Married but seperated. What should that person mention in the form?

    If he mentions his wife's name on the form, would she get GC as well?

    Does he need to submit any docs for his wife? Currently planning to file for himself only.

    Please advise

    Thanks





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  • vedicman
    08-10 08:32 AM
    H1B status alone shouldn't cause any problems for re-entry, that is just my opinion though.





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  • Maqrkk
    06-22 07:39 AM
    You have my vote, awesome picture!





    noida123
    07-29 07:06 PM
    The Original Post said he was contracting for Federal Govt. It is possible to contract with most Depts on H-b, EAD , GC regardless of your immigration status.

    It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.

    Regards





    jwalareddy
    05-18 02:30 PM
    Recently i changed my employer using AC 21.I received an RFE we replied for that.While this RFE in progress I changed my wife address to new and I didn't change.My employer attorney won't handle (represent) dependent applications.
    Please help me.
    Below is the RFE,

    1) Submit any secondary evidence in your possession to support the information you have provided about your marriage and claimed relation ship to Jwala Pogula, the principle applicant.
    Secondary evidence will be evaluated for authenticity any credibility. Such evidence my take the form of historical evidence and must been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to: medical records, school records and religious documents.Affadivits may also be accepted provided that they are sworn to by persons who born at the time of and who have personal knowledge of to which to which they attest. Any affidavits must contain the affiant�s full name and address, date and place of birth, relation ship to the party on whose behalf they are attesting , If any complete details concerning how the affiant acquire knowledge of the event.
    2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
    3) Please explain why you have requested to represent yourself and your spouse has to retained an attorney to represent himself?



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