glus
05-06 12:50 PM
Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
unknown123
01-02 07:34 PM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
black_logs
11-07 03:50 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
eastindia
08-03 09:30 PM
The summer intern who replied to your email did not read it. Why don't you now go and protest against disrespect to your valued email and meet the Senator. Do you really think sending emails will get yes or no on a bill. Unless you are Bill Gates sending an email, who cares. We do not even have votes.
more...
sukhmeet
05-11 02:08 AM
Hi,
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
maristella61
04-20 09:22 AM
He is talking about the original first letter of approval , not an extension
Does any one have any input or suggestion?
Does any one have any input or suggestion?
more...
Flash-Matic
10-28 11:07 PM
TheAnimePanda = AIM
GC_1000Watt
12-03 04:50 PM
Dude! Just go with confidence and you'll be fine. Have all the documents with you. Have your pay-stubs handy with you.
I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
I was also asked to show my last 3 pay-stubs. Good luck!
Thanks!
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
I was also asked to show my last 3 pay-stubs. Good luck!
Thanks!
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
more...
psaxena
03-03 03:17 PM
May be later will have the PD for the namecheck and FBI Name check bulletin. Then will all discuss to propose a new bill to reform FBI Name check retrogression(ofcourse at the same time fighting about caste/Race/Color/blah blah)
IV admin please make a section for the entry of the FBI NC PD also.:D:confused:
IV admin please make a section for the entry of the FBI NC PD also.:D:confused:
sathishav
02-24 08:54 AM
Congrats Beautiful Mind. It is good to hear EB3 to EB2 porting. (Though I don't have plans to do it)
more...
roseball
03-07 03:25 PM
Still valid meaning it has not expired.
tabletpc
11-20 01:59 PM
RK, Just HDFC is fine..!!!
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.
is this fine or should the state of residence be Karnataka...???
Thanks
more...
payur
07-10 09:45 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
shirish
03-12 02:54 PM
This is not a PD transfer case rather it is AC21 case.
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
more...
ssdtm
12-11 04:49 PM
Here is good thread that answers most of your questions
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
uslegals
11-11 07:07 PM
I would appreciate any advice whether E-filing is eligible for folks have I-485 case pending.
Thanks !
Thanks !
more...
bslraju
05-26 04:16 PM
Dear Members:
My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.
They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.
They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.
Guys, had any one come across this situation ? can you please advise?
Thank you in advance
---------------------------------------------------
2001 entered but still fighting for GC batch.:)
My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.
They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.
They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.
Guys, had any one come across this situation ? can you please advise?
Thank you in advance
---------------------------------------------------
2001 entered but still fighting for GC batch.:)
eager_immi
02-12 10:51 PM
it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
dealsnet
03-30 12:14 PM
According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If any mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If any mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
kaisersose
06-04 10:30 AM
Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
paritp
03-04 04:34 PM
congratulations.!!!!!!!!!!!!!!
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