DDash
08-08 12:03 PM
Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?
Well said Kshitijnt. You spoke the words that I wanted to speak :) Unfortunately, in this forum either people respond with the answers that don't make sense or use cliches.
Well said Kshitijnt. You spoke the words that I wanted to speak :) Unfortunately, in this forum either people respond with the answers that don't make sense or use cliches.
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texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
raj2007
05-14 08:10 PM
Divorce in India takes a minimum 1 year to adjudicate if you were married less than 1 year. Otherwise, it is up to the discretion of the judge. Courts in India require a 'cooling period', with 'counseling / mediation'. Latter is basically a a sham.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
It is very complicated to get divorce in India, if your wife don't file with you. Divorces are valid in India when there is no fraud and agreed by both the parties.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
It is very complicated to get divorce in India, if your wife don't file with you. Divorces are valid in India when there is no fraud and agreed by both the parties.
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ngopikrishnan
08-19 08:32 PM
Can someone please post a sample employment verification letter? Thanks!
more...
conchshell
08-05 02:42 PM
On July 31st we got an email informaing us that my wife's EAD is approved and card production is ordered. Again on August 4th we got an email stating that the case is approved. Now we are surprized because if the case was actually approved on July 31st, she may get a two years EAD, but if it was approved on August 4th, she may get the EAD for one year only, as our PD is current.
BTW, My approval CRIS email came on July 28th, and I have got my EAD card for two years validity.
BTW, My approval CRIS email came on July 28th, and I have got my EAD card for two years validity.
akhilmahajan
06-19 10:54 AM
Could you please share the letter? I am also looking for a sample format.
Thanks
I just sent you a PM also.
Thanks
I just sent you a PM also.
more...
answers_seeker
02-25 06:04 PM
Got my RFE finally. It is for an employment letter. They gave me until 3/19. (RFE was generated on 2/13)
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
-a
Got my wife's RFE today ( sent to the lawyer who scanned it for us). My wife apparently forgot to sign the medical form before the physician sealed it. We need to go back to the physician have it signed in his presence and have it sealed by him again. Not a big deal I guess.
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swarnapuri
12-12 12:47 PM
http://travel.state.gov/visa/frvi/bulletin/Visa_Bulletin_For_January_2007.html
more...
andrei
07-10 08:15 AM
Attacking Lou Dobbs will help those who purposefully blur the distinction between legal and illegal immigrants. While Dobbs sometimes talks about H1Bs, his main focus is on illegal immigration and he's mostly sympathetic to legal immigration, in my opinion.
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TomPlate
02-28 11:37 AM
Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.
Please share your thoughts on this.
Please share your thoughts on this.
more...
chanduv23
11-16 02:47 PM
Good stuff, We will all do this. As such, most of the reqruiters, when they contact you on phone they say "My client is not interested in hiring h1b candidates, you must have at least a Green Card or a EAD or must be a US citizen", I was under the impression that a company has the right to proceed with considering you for a job based on whether you are a EAD or a GC or a citizen
Can IVs lawyers give more information about this?
Can IVs lawyers give more information about this?
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champu
03-12 12:07 AM
Nope.
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
I concur...
(I said it many a times before)
No American company hires Foreign Worker from India.
Only way to come to USA 10 years back was small time consulting co or Big companies like infy, tcs (now some pseudo US co like IBM, Accenture has also joined the club) where you need to run away from them sometime without resigning.
Small time consulting must exist to satisfy the staffing needs of US companies. They understand the personal needs of immigrant workers. Most of these companies provide better salary and health insurance than TCS, etc.
Only Morons who fake resume/degrees get abused by them as they bench more than they work
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
I concur...
(I said it many a times before)
No American company hires Foreign Worker from India.
Only way to come to USA 10 years back was small time consulting co or Big companies like infy, tcs (now some pseudo US co like IBM, Accenture has also joined the club) where you need to run away from them sometime without resigning.
Small time consulting must exist to satisfy the staffing needs of US companies. They understand the personal needs of immigrant workers. Most of these companies provide better salary and health insurance than TCS, etc.
Only Morons who fake resume/degrees get abused by them as they bench more than they work
more...
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h88
02-05 04:31 PM
Originally posted by senocular
wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee
Even more sometimes:
http://www.kirupaforum.com/showthread.php?s=&threadid=11090
wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee
Even more sometimes:
http://www.kirupaforum.com/showthread.php?s=&threadid=11090
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natrajs
08-31 04:33 PM
Guys, this article is 100% correct. There are about 1 million people stuck at various stages of the green card process, H-4 dependents cannot work, and H-1Bs cannot get salary raises. Don't detract from such a good and accurate article.
Yes I agree with the article
Yes I agree with the article
more...
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zilmax007
07-27 05:32 PM
An Indian man walks into a bank in New York City and asks for the loan officer. He tells the loan officer that he is going to India on business for two weeks and needs to borrow $5,000.The bank officer tells him that the bank will need some form of security for the loan, so the Indian man hands over the keys to a new Ferrari parked on the street in front of the bank. He produces the title and everything checks out. The loan officer agrees to accept the car as collateral for the loan.The bank's president and its officers all enjoy a good laugh at the Indian for using a $250,000 Ferrari as collateral against a $5,000 loan. An employee of the bank then drives the Ferrari into the bank's underground garage and parks it there.Two weeks later, the Indian returns, repays the $5,000 and the interest, which comes to $15.41.The loan officer says, "Sir, we are very happy to have had your business, and this transaction has worked out very nicely,but we are a little puzzled. While you were away, we checked you out and found that you are a multi millionaire. What puzzles us is, why would you bother to borrow "$5,000".The Indian replies: "Where else in New York City can I park my car for two weeks for only $15.41 and expect it to be there when I return".
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pointlesswait
07-22 05:23 PM
to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
i have read of instances when the PD was successful and few instances when it was not...
so i am not sure..what the criteria is..
but if you are in the same industry..PD porting should not be an issue..
....
i have a feeling sooner or later PD porting may be banned by USCIS..;-)
I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
i have read of instances when the PD was successful and few instances when it was not...
so i am not sure..what the criteria is..
but if you are in the same industry..PD porting should not be an issue..
....
i have a feeling sooner or later PD porting may be banned by USCIS..;-)
I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
more...
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VSS2007
06-26 04:12 PM
Could you please send to me also?
Send you a PM also.
Send you a PM also.
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GCInThisLife
07-19 01:56 PM
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
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perm2gc
12-20 12:11 PM
If someoe is on H1B then he converted to H4. Then He converted to H1B.
He didnot leave(USA) the country any time. How his time calculated.
Thanks
the time on H4 will not be counted.That is what the document is all about.
He didnot leave(USA) the country any time. How his time calculated.
Thanks
the time on H4 will not be counted.That is what the document is all about.
HarshJ
10-02 01:50 PM
If you have the receipt #s cant you approach the local service center with infopasss and request expedited processing?
amitjoey
01-31 12:43 PM
I hope with this funding mechanism they could hire more efficient people and get things done fast.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.