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  • HRPRO
    01-18 09:30 AM
    H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.

    Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.




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  • bb20078
    10-10 09:20 AM
    I also want to know the answer to this question

    Can you re enter USA on H4 after using EAD

    On the immigration form at the port of entry, can you put H4 and say YES to do you work?




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  • Sakthisagar
    02-24 03:25 PM
    I think it is like this, if you apply before hand like 6 month before your Visa expiring date your chances of getting an RFE for client letter is minimal, provided you stick to the same employer and all necessary documents like paystubs, tax pay reciept etc, is submitted.

    If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...

    I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.

    So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.

    Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.

    May GOD Bless




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  • waitin_toolong
    07-30 03:41 PM
    some 15-25 yrs back this used to be possible. I know of someone whos mom was air-hostess, and delivered the baby here and all of the family members got GC based on that baby.

    But they closed this loophole sometime back.



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  • sargon
    05-11 12:45 PM
    You really scared me. My family is supposed to come via Delhi tomorrow. Please refrain from posting such threads.




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  • ns007
    06-15 10:44 AM
    After reading the alert on immigration-law.com website I contacted my firm's attorney. According to them they have requested 3yrs extension based on my approved I-140. Now since the dates are current, they may grant either 3yr or 1yr extension. But, they won't deny the h1 extension petition.


    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:



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  • feedfront
    09-16 02:51 PM
    Done




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  • rajuram
    11-08 11:54 PM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf



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  • wahwah
    09-27 01:19 PM
    what you're describing is day trading but you will only catch the eye of the IRS ONLY if you're making $50K of above in profits or you're buying and selling $100K of shares in short period of time....in other words, any amt that is more than your salary.

    buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.

    i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.

    i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.


    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya




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  • kutra
    07-21 04:04 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.

    True, however...

    USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.

    Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!



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  • walking_dude
    01-30 02:10 PM
    Thanks. Hope you sent individual E-mail to each one of them.

    My request to everyone is don't send Bulk E-mails addressed to all newspapers. It will get ignored. Only individually addressed E-mails have a chance of getting read.

    Also, please don't resort to the short cut of using BCC for all the E-mails. There is a high likelihood that your E-mail will get labelled SPAM and get deleted or land in 'SPAM'/'Bulk Mail' folder.

    If your E-mail is ignored as Bulk mail it doesn't serve our purpose. So please customize the message and send individual E-mails to your local newspapers. Local papers in your city/county are more likely to give weightage to your E-mail than a newspaper based in a faraway city or county. Target local newspapers first.

    Sent email to all the ones below..
    Use following list!




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  • prem_goel
    08-05 05:15 PM
    that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"

    Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.



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  • starscream
    09-16 04:24 PM
    There is a separate original thread for calls in support of HR5882

    http://immigrationvoice.org/forum/showthread.php?t=21393

    people who are calling please post replies on that thread....so that we can get a good count..instead of having 2 separate threads




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  • theperm
    05-07 03:21 PM
    Thanks! :-)



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  • gcfriend65
    12-07 02:47 PM
    Its ok to take online classes as long as you are on your h-1.

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)




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  • vsc
    01-31 06:44 PM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?



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  • ita
    01-23 01:26 PM
    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.




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  • NKR
    09-21 01:18 AM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?

    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".




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  • haider420
    06-12 07:53 AM
    PLEASE HELP ME OUT!!!!

    i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
    -my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
    -how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
    -if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??




    h1bemployee
    02-26 10:43 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    Original LCA salary is like 58k and current one is 40k




    Pineapple
    12-26 05:04 PM
    I sent mine back over two and half months ago.. still no sign of a replacement card.. I called USCIS and they said they received the card, and are "reviewing the file". (how long does it take to figure out the freakin photo is wrong?). Did not specify how long will it take before they issue a new one.



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