immigrant-in-law
04-04 11:59 AM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
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admin
02-03 08:21 AM
Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:
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
2011 2010 2011 Human Heart Diagram
arunmohan
11-19 03:42 PM
job A designation is Software engineer
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
more...
sanju_dba
01-04 12:12 PM
i would prefer to be a documentary instead of a feature film!
jettu77
10-05 03:57 PM
^^^
more...
xbohdpukc
03-05 08:53 PM
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
The truth is that the intent of the Congress was for the fees to cover USCIS business expenses. If USCIS is able to show the Congress that their expenses at the current level are not covered in full by the current fees, new fees will be justified even without improved service quality according to the law. The problem is that the public doesn't know how much of USCIS expenses are going uncovered by the current fees structure. Had they disclosed that piece of information we probably wouldn't have had this discussion in the first place.
The truth is that the intent of the Congress was for the fees to cover USCIS business expenses. If USCIS is able to show the Congress that their expenses at the current level are not covered in full by the current fees, new fees will be justified even without improved service quality according to the law. The problem is that the public doesn't know how much of USCIS expenses are going uncovered by the current fees structure. Had they disclosed that piece of information we probably wouldn't have had this discussion in the first place.
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tnite
06-18 04:04 PM
Under Part 3.
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. My current visa on passport has expired. Anybody any ideas????
1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
2.whenever the expired visa was issued
3.whereever it was issued.
I assume you renewed your H1b eventhough you'r H1b stamp expired.
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. My current visa on passport has expired. Anybody any ideas????
1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
2.whenever the expired visa was issued
3.whereever it was issued.
I assume you renewed your H1b eventhough you'r H1b stamp expired.
more...
Hinglish
01-08 12:59 AM
I appreciate your interest in my posts :)
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waitin_toolong
07-30 01:31 PM
Congratulations,
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
more...
arunmohan
11-14 03:51 PM
Thank you roseball. What is H1 COE?
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miguy
06-25 10:22 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
more...
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fide_champ
04-07 09:37 AM
AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
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chanduv23
09-15 09:47 PM
Nothing will happen to you if your employer sees you on TV
EVERYONE TO DC
EVERYONE MUST GO
EVERYONE TO DC
EVERYONE MUST GO
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Hinglish
01-08 12:59 AM
I appreciate your interest in my posts :)
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Sakthisagar
11-08 03:14 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Lot of people in IV and also some of my friends expereince now in stamping Visa are totally different ones, So you are ok if you are having the H1 of the company you are working for if you are doing a consulting job. Be prepared to answer some of the queries consulate can ask like.
Details of all employees working for your company, their payment methods.
Company tax filing etc.. un-necessary questions.
do not want to scare you, Please take all the documents which is possible to carry!
Best of Luck.
May GOD Bless.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Lot of people in IV and also some of my friends expereince now in stamping Visa are totally different ones, So you are ok if you are having the H1 of the company you are working for if you are doing a consulting job. Be prepared to answer some of the queries consulate can ask like.
Details of all employees working for your company, their payment methods.
Company tax filing etc.. un-necessary questions.
do not want to scare you, Please take all the documents which is possible to carry!
Best of Luck.
May GOD Bless.
more...
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chanduv23
12-24 02:25 PM
Please post your own blog sites here if you have written articles about immigration and have any videos, cartoons, PSA etc....
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meridiani.planum
09-21 02:15 PM
sri1309..Thanks for your reply but can we get homes for 300 to 400 k there. How about bay area
proper bay area in any decent neighbourhood is going to run anywhere from 600K-2million. For 400k I think the only places in south bay would be either parts of south san jose or Milpitas. Neighborhood is not going to bevery nice.
Another option (depending on where you are working) could be part-way up the bay, say union city, or San Ramon.
Check ziprealty.com
proper bay area in any decent neighbourhood is going to run anywhere from 600K-2million. For 400k I think the only places in south bay would be either parts of south san jose or Milpitas. Neighborhood is not going to bevery nice.
Another option (depending on where you are working) could be part-way up the bay, say union city, or San Ramon.
Check ziprealty.com
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reddymjm
03-12 09:49 AM
Good one
spicy_guy
09-08 10:55 AM
Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS
If you were in India, you would have asked for more OS. huh?
If you were in India, you would have asked for more OS. huh?
YesGC_NoGC
03-19 10:06 PM
There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
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