cjain
08-10 03:45 PM
from AILA
http://www.aila.org/content/fileviewer.aspx?docid=23079&linkid=164409
http://www.aila.org/content/fileviewer.aspx?docid=23079&linkid=164409
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deepakjain
11-16 11:41 AM
I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Aah_GC
07-13 12:32 PM
Bend it like Beckham mates! Get funky hairstyles, market yourself well and play some average soccer with all kind of funky logos on your shirt.
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ras
01-18 02:48 PM
Why not other chapter follow this kind of a small event to bump up the letter numbers???
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desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
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?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
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?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
hi2sunil
12-06 11:34 AM
When you mail the documents, make sure you notarized the application. If you have not done it will come back to you.
Thanks
Sunil K
Thanks
Sunil K
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pamposh
10-26 08:34 AM
Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.
I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.
I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.
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rsayed
04-27 11:07 AM
whether the incident is true or not, IV member is trying caution everybody that all should be very careful when handing over their passport to a third person. We should be fully focused when an officer examines our passport.
Very true - you would think such things don't happen (and they probably don't) - but one should always be attentive at Airports.
Very true - you would think such things don't happen (and they probably don't) - but one should always be attentive at Airports.
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nozerd
09-06 01:42 PM
Can H1 visa stamp be used for travel convenience ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
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akhilmahajan
08-16 03:52 PM
I will like to suggest is, try to talk to them nicely and try to make them understand what they have talked to you before filing GC.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
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Riakapoor
09-16 05:19 PM
Thank you!
Thanks for all the help. I will surely look into the link.
Thanks for all the help. I will surely look into the link.
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ashkam
12-02 08:27 AM
hi ashkam,
what is the best way to get Transit VISA?
i have only 2 hours between connecting flights. need to get it here in US?
thx
I'm not sure if you require a transit visa if you're traveling from the US to India and if you have an Indian passport. But you need to double check. If you're traveling from India to the US, you can get it in 5 business days. You have to submit your application in any one of the vfs (http://www.vfs-uk-in.com/) offices in India. You could probably get it from the US too, I guess but I am not sure how you would go about doing it.
what is the best way to get Transit VISA?
i have only 2 hours between connecting flights. need to get it here in US?
thx
I'm not sure if you require a transit visa if you're traveling from the US to India and if you have an Indian passport. But you need to double check. If you're traveling from India to the US, you can get it in 5 business days. You have to submit your application in any one of the vfs (http://www.vfs-uk-in.com/) offices in India. You could probably get it from the US too, I guess but I am not sure how you would go about doing it.
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sgorla
02-23 01:54 PM
Thats right. It all depends on the state that H4 visa holder lives and intends to go to school; for instance State of Nevada does not allow H4 Visa holder to get in-state tution fee, however State of Ohio does allow in-state tution fee for H visa holders (includes H1 and H4).
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
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Siboo
08-03 11:21 PM
My wife's case is still Pending.
July 2 filer.
PERM
EB2 - India
PD : 08/2005
July 2 filer.
PERM
EB2 - India
PD : 08/2005
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lazycis
12-11 09:19 AM
6 months according to the USCIS website
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chinta_ramesh
08-21 11:57 AM
It seems they want to make some progress before updating the dates :rolleyes:
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snathan
08-20 03:13 PM
4. An apology from USCIS for the delay!!
Dreaming too much...by the way how its going to fix the problem?:D
Dreaming too much...by the way how its going to fix the problem?:D
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cox
June 18th, 2005, 07:51 PM
Boy, you really get up early! I'm still in bed when the sun's rising :p ... The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) ... benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.
Dawn is the best light in my opinion, especially here in central California, where the marine layer often ruins the sunset. Also, I don't sleep much... I am apalled by your metaphor (yet also strangely excited)! :D I have CS2 installed, so I can start nudging curves, and will start with the rainbow.
(and having a good friend!)
Bob, all I can say is, Aw Shucks... Come visit and I'll let you use the lens :)
Dawn is the best light in my opinion, especially here in central California, where the marine layer often ruins the sunset. Also, I don't sleep much... I am apalled by your metaphor (yet also strangely excited)! :D I have CS2 installed, so I can start nudging curves, and will start with the rainbow.
(and having a good friend!)
Bob, all I can say is, Aw Shucks... Come visit and I'll let you use the lens :)
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pcs
05-31 11:56 AM
bump
anilsal
12-25 01:32 AM
top if the administrators can make this thread sticky. :)
IV has really mobilized the EB immigrant community under one roof.
I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.
IV has really mobilized the EB immigrant community under one roof.
I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.
mysticblue
08-17 11:33 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Thanks. That helped a lot !
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Thanks. That helped a lot !
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