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  • msyedy
    01-04 09:56 AM
    Let us build a force to push this bill with the help of IV.

    We shall over come




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  • fasterthanlight�
    05-19 05:49 PM
    Agreed.




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  • raydon
    03-24 11:00 PM
    I've heard about AC21. What is AC360 - some new USCIS provision ?




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  • immihelp123
    03-31 09:04 PM
    ztopia,

    I changed my employer on EAD and did not go through the H1B route.

    Thanks



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  • theoneit
    02-14 05:30 PM
    hi,

    I am a little confused on my case. This is how it is:
    I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
    At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.

    I have a few doubts/questions:
    1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
    and
    If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?

    Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?

    I hope I am able to explain my confusion well. Any help on this is appreciated.

    Thanks !!




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  • RadioactveChimp
    05-02 09:26 PM
    nice! actually that's pretty creative!



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  • vrkgali
    02-13 11:36 AM
    Pappu, very good article. I saw this in this month's Kiplinger.

    A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!

    these things are like taking a duck to the pond ... for a Desi..




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  • abrahamL
    03-19 05:11 PM
    Hi,

    I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.

    Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.

    And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?

    Thanks!

    Abraham



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  • AreWeThereYet
    08-04 09:37 AM
    Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.

    I like that. Thanks for posting the update.




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  • grupak
    11-15 01:29 PM
    North Carolinians join us. Lets work together.

    We had our first meeting, there are plans to meet local lawmakers. We need member participation.



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  • NNReddy
    07-05 11:32 AM
    Do you know anybody that applied for extension based on medical grounds. So far I applied for extension 5 times during last 8 years for my mother-in-law and my brother-in-law and my father-in-law but all based on tourism/visiting grounds. I got extension all 5 times. Now that my mother-in-law wants to go back to india, but she just had a surgery and still in hospital and she needs to go to india next week. So we need to apply for extension.




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  • priya.r
    12-24 01:30 PM
    Hello,

    Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

    The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

    If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

    Should the increase happen on October 1st 2010 when the H1B kicks in,

    or should the increase happen when the H1B gets approved ( between april - october )

    or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

    or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


    I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


    Hoping for your valuable replies as soon as possible.

    Thanks



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  • cooldude
    07-02 08:56 AM
    I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
    What's your source??




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  • macrosky
    07-08 07:12 PM
    My H1b application was delivered to USCIS on July 1st. I just find FLC data center has updated new 2008-2009 prevailing wage database which is also effective on July 1st. If based on the previous 2007-2008 database, my salary is above the prevailing wage, but if based on the new one, my salary is a little below that one.
    Which database whill USCIS choose to use on my case?



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  • dbevis
    September 14th, 2004, 11:48 AM
    It's news to me. Injection molded connectors are easy to produce while maintaining tight tolerances, so I'm skeptical of that warning.

    Many people have had pictures lost even with "good" cards, so that claim sounds more like a scare tactic.

    Personally, I think I'll continue to go with SanDisk Extreme, as they have really good warranty (lifetime guarantee). I'm also concerned with knowing I have honest specs so I"m getting the data rates claimed for the product.

    Don

    http://itavisen.no/art/1304403.html?PHPSESSID=6f659d505057356c057c50b88ed ea679 reports that the Norwegian Nikon distributor Interfoto held a press conference today warning people against using "cheap" memory cards from vendors not on Nikon's approved list.

    According to Interfoto the cheap memory cards doesn't fit too well physically and can damage the camera. Their service department report pins that are either broken or even forced into the camera itself.

    In addition there has been problems with pictures disappearing when "the card crash".

    Interfoto recommends Sandisk and Lexar, as well as Microdrives from IBM/Hitachi. (Interfoto is the Norwegian Lexar distributor btw)

    Has anyone else heard something similar?

    EAD or H1b [Archive] - Immigration Voice

    View Full Version : EAD or H1b





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  • admin
    04-06 10:51 AM
    I'm deleting the original text of this post since it is causing confusion: Only Hagel Martinez Provisions Being Considered, Not Oct 05 Hagel Bill.

    I've started getting phone calls, and emails on this.

    Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.



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  • tsiger
    04-18 07:07 AM
    coool!




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  • Blog Feeds
    08-12 09:50 AM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:



    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.


    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)




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  • rvr_jcop
    04-29 01:26 PM
    Hello,

    I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?

    From the Oh-law website:

    Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.




    gcformeornot
    01-29 05:52 PM
    H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
    Since you haven't started working and assuming you haven't accepted the offer from the
    H1 sponsoring employer, YOU should be fine.

    Please take advise from your company attorney.

    you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.




    zico123
    06-22 06:21 PM
    Both my daughter and I have her old I-94 number on our new I-94s. They did not put my old I-94 number on my new I-94.
    Your new I-94 should have your your old I-94 number. Same applies to your daughter. Her new i94 should have same number as her old i94.



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