canmt
10-19 01:25 PM
The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
wallpaper “The Cleveland Show” to
anilsal
08-05 04:09 PM
the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.
This will benefit members.
This will benefit members.
SlowRoasted
06-08 07:17 PM
I voted for those 3 vector ones and mine and a few more lol.
tsk tsk, voting for yourself :bad:
tsk tsk, voting for yourself :bad:
2011 Chip The Ripper - The
newuser
10-06 04:06 PM
I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda
more...
leo2606
09-24 03:50 PM
Any thoughts
GotGC??
01-02 03:30 PM
Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
more...
allegator
03-18 10:10 PM
Any answer to below question is appreciated.
Thanks,
I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
Thanks,
I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
2010 mixtape: chip tha ripper – the cleveland show
jayleno
12-02 05:44 PM
For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
more...
TeddyKoochu
10-14 04:34 PM
Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)
Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.
Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.
hair The Cleveland Show.
jonty_11
01-22 12:52 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
more...
Nil
11-09 09:19 PM
^^^^
hot This will be the BIGGEST show
mambarg
07-27 08:14 PM
How about if Company closes down ?
more...
house The Cleveland Show Ft. Chip
voldemar
03-26 10:10 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
tattoo Chip Tha Ripper – Cool Points
desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
pictures The Cleveland Show.
SR2610
04-12 04:18 PM
There are some good and bad things.. If labor substitution is gone, less chances of fraud, most of backlogged labors go waste, which obviously reduces the retorgression. bad thing is 45 days rule, DOL itself cannot make out where the hell is the labor application, when they approved it and when they mailed it, how can they say that you need to apply for 140 with in 45 days :mad:
-SR
-SR
dresses Chip Tha Ripper quot;The Cleveland
inskrish
08-31 01:39 AM
So.. if anyone has the info on how to register a new country, I'd like to know.
Registering a new country? I hope you are not kidding, needhelp!:)
Regards,
IK
Registering a new country? I hope you are not kidding, needhelp!:)
Regards,
IK
more...
makeup chip-cleveland
shishya
09-27 12:43 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
girlfriend THE CLEVELAND SHOW.
kicca
01-25 06:43 PM
^^
hairstyles “The Cleveland Show” to
amitga
02-15 11:29 AM
The best way to generate Revenue is to attract Advertisements on IV website. There is lot of traffic in IV from Indians and Chinese and some people from ROW.
IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.
IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.
crazyghoda
06-11 10:06 AM
Now that was some freudian slip :D. Thanks for the early morning humor.
USCIS tops any other US pubic office
USCIS tops any other US pubic office
ajju
04-10 10:15 AM
Friends,
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
No comments:
Post a Comment