rajuseattle
07-30 08:09 PM
agarwa4,
It is very important to keep your salary/wage consistent with what's in your approved Labor/I-140.
If you accept the employment with lower salary using AC-21 and if any RFE comes for Employment verification then you will not be able to respond to the satisafaction of USCIS on why you are working on the lower wages.
Hope this helps you understand the importance of keeping job position and slary level consistent with what its in your approved labor.
another option is to start the process all over again with lower salary, but with onging PERM/I-140 backlogs who wants to go thro' this hell again???
Bottomline stay with your consulting employer, why in the world you want to accept the lower salary???
You are EB-2 and the way dates are moving now for EB-2 you might get your GC soon....if the client is forcing you to come on board as PERM try to convince him that its a matter of another 5-6 months before you get GC and then you can accept his offer if you are looking for the job stability versus wokring for a consulting employer.
It is very important to keep your salary/wage consistent with what's in your approved Labor/I-140.
If you accept the employment with lower salary using AC-21 and if any RFE comes for Employment verification then you will not be able to respond to the satisafaction of USCIS on why you are working on the lower wages.
Hope this helps you understand the importance of keeping job position and slary level consistent with what its in your approved labor.
another option is to start the process all over again with lower salary, but with onging PERM/I-140 backlogs who wants to go thro' this hell again???
Bottomline stay with your consulting employer, why in the world you want to accept the lower salary???
You are EB-2 and the way dates are moving now for EB-2 you might get your GC soon....if the client is forcing you to come on board as PERM try to convince him that its a matter of another 5-6 months before you get GC and then you can accept his offer if you are looking for the job stability versus wokring for a consulting employer.
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samrat_bhargava_vihari
04-05 03:27 PM
Hi all,
My insurance company (Progressive) is charging a ridiculously high rate for liability only insurance for my H4 spouse who currently holds a valid permit. They say the rate will go further up when she gets a perm license after passing the road test.
I have heard this issue from other H1Bs who have different insurance carriers than mine.
Have you guys found a cheaper alternative? Insurance agents etc??
gchopes
Cool... surely it is not because of H1&H4. Some factors like
accident history
age
worth of car
zip code
previous claims
etc may infulance.
My insurance company (Progressive) is charging a ridiculously high rate for liability only insurance for my H4 spouse who currently holds a valid permit. They say the rate will go further up when she gets a perm license after passing the road test.
I have heard this issue from other H1Bs who have different insurance carriers than mine.
Have you guys found a cheaper alternative? Insurance agents etc??
gchopes
Cool... surely it is not because of H1&H4. Some factors like
accident history
age
worth of car
zip code
previous claims
etc may infulance.
quizzer
02-08 04:14 PM
Iam panning to invite my friends family who is PR there in singapore to come to usa on personal visit.
Any idea about the b2 stamping success rates in singapore usa consulate?
Thanks
Any idea about the b2 stamping success rates in singapore usa consulate?
Thanks
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$eeGrEeN
03-27 07:02 PM
My I140 was originally filed at California service center, on 3/24/2006 it was transferred to Texas service center.
was it automatically transferred ?
was it automatically transferred ?
more...
sreenivas11
08-27 01:19 PM
Hi Guys,
Please participate in this poll
Please participate in this poll
vegasbaby
05-07 07:53 PM
Submit all your I-94. How does it matter?? Once u leave US, u cannot enter on any of those I-94 anyway.
Submit them @ Washington DC
Submit them @ Washington DC
more...
nixstor
02-09 06:51 PM
You cannot claim a cousin on F1 status to be your dependent.
The most important point is F1 students have to file their own 1040NR and are Non resident aliens for tax purposes and cannot be dependents on Resident alients.
More over You cannot claim the tuition deduction for her because
(1) she showed proof of financial ability when joined the school.
(2) AFAIK, Tuition deduction can be made only for people either you/your spouse or your dependents
I know this because I paid tuition for my own sister and I was told that I cannot claim her as a dependent. Some CPA might say the contrary, but if you want the exact info call the IRS 800 829 1040
The most important point is F1 students have to file their own 1040NR and are Non resident aliens for tax purposes and cannot be dependents on Resident alients.
More over You cannot claim the tuition deduction for her because
(1) she showed proof of financial ability when joined the school.
(2) AFAIK, Tuition deduction can be made only for people either you/your spouse or your dependents
I know this because I paid tuition for my own sister and I was told that I cannot claim her as a dependent. Some CPA might say the contrary, but if you want the exact info call the IRS 800 829 1040
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Blog Feeds
08-09 10:40 PM
We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U.S. consulate very well prepared. We told him to take a certified copy of his entire H-1B package that was filed with the Immigration Service, along with his Form I-797 Approval Notice. We also suggested that he take original birth certificates, marriage certificate, and proof of financial support. He attended the interview this morning and his experience at the U.S. consulate in Johannesburg, South Africa was documented as follows.
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
more...
[Legoman]
10-24 01:15 PM
I think I know what you mean, however, I'm not sure how to do it in Swift alone.
You could do the opposite of what you want (objects together at the beginning then splitting up) import the swf into flash, then select the 30 frames and choose the 'Reverse frames' option to get the desired effect.
You could do the opposite of what you want (objects together at the beginning then splitting up) import the swf into flash, then select the 30 frames and choose the 'Reverse frames' option to get the desired effect.
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srh1
10-01 10:45 PM
Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.
more...
LegallyGC
08-05 04:38 PM
my wife has filed for her I-485 (AOS) with me.
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
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chi_shark
11-13 05:49 PM
sounds like you have already sent a response to the RFE and you want to follow on... yes... go ahead and do it... its not like they are waiting for you to make a mistake and then they will close your file.. for the most part, USCIS is a friend... so dont worry and send in your follow on document asap. make sure you dont repeat your earlier documents. just send in the new one and refer to your earlier RFE response clearly saying that an additional document has now become available...
my 2 cents.
My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?
PD: MAY-2002 - EB3
Regards
Devan
my 2 cents.
My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?
PD: MAY-2002 - EB3
Regards
Devan
more...
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arlysanb
02-15 09:01 PM
My application for an H1B change of status has been denied. I am an F-1 student from Colombia and I was offered a job from THe CDC at Atlanta. According with the USCIS report, the petition was denied because I am going to be hired for a staffing company and not directly for the CDC. It will be possible to appeal the desicion ? If yes, what will my sponsor company need to be succesful with this appealing ?
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bsnf
07-13 10:36 AM
I have just signed a contract to buy a new home.
The first step is to be eligible for mortgage.
During an interview with mortgage counsellor, she asked my visa status.
I tried explaining her that I was not on H1 and had not received GC yet, that I am on EAD.
But she did not understand it. She only understands H1 or GreenCard.
I am not on H1 since I changed my employer and it expires this October.
I have also travelled on Advanced parole.
Recent EAD is good until 2010.
Can anyone help?
The first step is to be eligible for mortgage.
During an interview with mortgage counsellor, she asked my visa status.
I tried explaining her that I was not on H1 and had not received GC yet, that I am on EAD.
But she did not understand it. She only understands H1 or GreenCard.
I am not on H1 since I changed my employer and it expires this October.
I have also travelled on Advanced parole.
Recent EAD is good until 2010.
Can anyone help?
more...
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Karthikthiru
10-02 11:27 AM
It is not just enough for you to have the qualifications for EB2. The job requirements also should have that requirements. So in the PERM application - the job requirements has to be specified. I think the lawyer messed up the PERM process
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mrane1
10-15 03:36 AM
hi everyone
I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.
Now my question is....
1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)
2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )
Any comments or suggestions will be appreciated.
thanks
very simple answers
1) Yes
2) No
I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.
Now my question is....
1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)
2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )
Any comments or suggestions will be appreciated.
thanks
very simple answers
1) Yes
2) No
more...
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BharatPremi
12-08 10:23 PM
Great SW33t, Congrats to get over with one more hurdle. And Thanks for sharing the experience.
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kingkon_2000
07-15 12:16 PM
I am a July 07 filer. Recently I sent in EAD renewal application and got it approved within a month. When I saw my EAD card the Sex category on it was F instead of M. Now what are my option. Should I reapply for EAD or continue working on it. I changed my employer last month and am currently working on EAD.
TIA
TIA
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mirchiseth
03-15 11:39 AM
As you can see for my profile my labor cert was filed in Dec 2002 and I am Eb3 India. So all these years I have been assuming my priority date for I485 processing as Dec 2002. But now it seems there is a problem.
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
ItIsNotFunny
10-31 11:29 AM
My employer will not withdraw my I-140. Should I still go ahead with AC21 or should I just do change of address with USCIS?
I will be starting my new job pretty soon. Any useful suggestions appreciated.
Thanks!
Samcam
First, its a very very wrong assumption that your employer will not withdraw I-140. Sometimes even if they don't want to, to comply with govt. regulations they gotta do it.
I would suggest not to get into a situation where you have to invoke AC21 till clouds are clear.
Please do visit: http://immigrationvoice.org/forum/showthread.php?t=22182
Also, don't forget to mail.
I will be starting my new job pretty soon. Any useful suggestions appreciated.
Thanks!
Samcam
First, its a very very wrong assumption that your employer will not withdraw I-140. Sometimes even if they don't want to, to comply with govt. regulations they gotta do it.
I would suggest not to get into a situation where you have to invoke AC21 till clouds are clear.
Please do visit: http://immigrationvoice.org/forum/showthread.php?t=22182
Also, don't forget to mail.
mrudul_hr
12-06 09:47 AM
its good to use your OPT card as long as its vaild and then move to H1, there is no time frame for stamping, its always good to go to your home country and then get it stamped,but once you start working on H1(your payrolls starts on H1) then your H1 clock starts
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