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    • roseball
    03-31 11:11 PM
    Hi please can anyone kindly help? My husband would like to transfer to another company, but his current company is paying him lower than the prevailing wage. They said that the base salary plus overtime were meeting the prevailing wage requirement, but according to DOL regulations, the prevailing wage shouldn't include overtime pay. If the H-1B transfer petition is filed by the new company and we submit the current pay stubs which show a lower pay, will that be a problem? What are the possible solutions without making the current company pay more to make up the #s (they are not willing to do so)? Just don't want to get into trouble and get investigation involved.
    We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!

    I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.




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    • ronnie0479
    09-14 11:36 AM
    My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.

    My Query is:

    Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?

    Thanks,
    -Ski

    Yes, you can continue to work on pending H1 application. On pending H1 extention there is no limit for how long you can keep working. if you get an approval then you can just continue working till your next H1 expires and
    thus you dont have to take a break.




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    • lecter
    June 12th, 2005, 04:54 PM
    strawberry looks yummy!!!!
    be careful with lens addiction (ehheheheheh)
    Rob
    I485/I765 check payble to confusion [Archive] - Immigration Voice
    Log in

    View Full Version : I485/I765 check payble to confusion





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    • Mirage_GC
    06-23 05:18 PM
    I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.

    But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.

    Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:

    1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
    2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
    3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.

    Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.

    I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.

    I trust this information will be perused and I will be available to given additional input.

    Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.

    I am articulating this for the benefit of one and many.


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    • rs_nyuser
    12-14 08:13 PM
    Gurus

    Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.

    She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.

    Please help.
    Thanks in advance.




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    • jaggubhai
    08-12 09:48 PM
    I just checked the copy sent to me from my law office. It says I-485 pending for the current status. I got the EAD renewed without any problem.

    I saw somewhere that you can alos write AOS pending.

    Hope this helps.


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    • coolpal
    04-14 11:49 AM
    Are you working for your new employer now? (I assume not).
    Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...

    But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....

    pal :)




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    • gc_in_30_yrs
    09-16 07:58 AM
    I want all of us to discuss the good things that we do as legal immigrants to America.

    Once we come up with all; we can summarise into an article and we can send it to local news papers, so that all the people are educated with what legal immigrants are; and the benifits that we bring to American Society.


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    • jamesbond007
    10-28 03:18 PM
    Politicians are used to pander to their audience.
    All he did was to use some keywords - "strategic alliance"; "peace"; "fight terror"; "immigration reform" etc.
    He needs to list out the specific issues that he thinks are issues; and then propose a solution that would not only fix the said issue, but also prevent it from recurring.
    Broad statements don't mean anything. Everyone knows the immigration system in this country is broken. But no politician has listed out (nor acknowledged) the root causes of the broken system.

    But unfortunately, being a politician, he will not say anything that would put him in a corner.


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    • roseball
    11-12 01:34 AM
    The only impact will be that you will lose your earlier PD (if 140 gets approved).......Also, it could cause you issues with H1 extensions if you are in 6th year of your H1 and are re-starting the GC process....Note that your LC/I-140 must be filed or should be pending for 365 days or your I-140 must be approved in order to get H1 extensions beyond the 6 year term....


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    • tanmoymuk
    03-02 02:09 PM
    I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.

    Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.

    Urgent help will be greatly appreciated.




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    • puvathoor
    04-08 03:30 PM
    Agree with the post above.. Lots of H1Bs are filed by unscrupulous employers who bring a person on H1B and don't pay them till they get a contract / client to bill the H1B to..

    USCIS needs to investigate this.. Time to write to USCIS to be more vigilant in monitoring these firms to ensure real people with real jobs out there can get the H1Bs


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    • imconfused
    05-24 04:26 PM
    I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.

    Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?

    thanks,




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    • reddymjm
    02-26 07:29 PM
    Hi-

    I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.

    I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
    I-485 : $395.00
    I-765 : $180.00
    I-131: $170.00

    Can someone please advice if I need to include the fee for AP and EAD renewal.

    Thanks
    I think it is Aug 17th or afterwards and in new fee structure you do not have to pay for the renewal.


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    • Ramba
    08-19 04:17 PM
    Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?

    I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.

    If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?

    If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?

    Which option is better?

    I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.




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    • Blog Feeds
    11-16 02:40 AM
    As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:

    Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.

    Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)




    More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)


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    • gopi544
    06-30 05:41 PM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.

    Thanks for the quick replay,

    So it means that if she dose not have the AP with her while she leave US, she can not use it.
    Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.

    Thanks again for the suggestion.




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    • perm2gc
    08-30 09:55 AM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
    You attorney will have Receipt Number.You can email/call him..




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    • wa_Saiprasad
    07-23 08:26 PM
    Very helpful. Thanks for the post.




    newtoh1
    03-05 04:10 PM
    Hi
    My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.

    1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.

    2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?

    Can you please respond back ASAP.Thanks.




    gg_ny
    10-18 10:46 AM
    Hi,

    I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
    Thanks.

    -gg_ny


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