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  • desi3933
    05-19 03:30 PM
    .... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
    .....
    .....
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
    .....

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin





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  • pbojja
    03-30 11:30 PM
    Congratulations !! When was your last FP done ? Did you get the second FP ?

    Thanks ..October 2007 . No second FP





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  • StuckInTheMuck
    07-11 06:26 PM
    Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
    Thanks
    It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).





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  • fromnaija
    04-20 05:28 PM
    IF you move to a different city that is not within the same Metroplolitan Area, yes you will have to restart your GC process. The good news however is that you can retain the priority date if your old I-140 is approved.



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  • Refugee_New
    07-25 12:05 PM
    Gurus, tell me one thing.

    After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?





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  • amitpan007
    06-29 03:15 PM
    I have gone thru this exercise. There is no Individual health insurance plan in TX that covers maternity. I am expecting a baby in few weeks and switched whole family into my employer's plan few months ago and pay the difference from my pocket. If you have more specific questions PM me.



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  • BharatPremi
    08-10 05:22 PM
    guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.





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  • satyasaich
    08-30 01:12 PM
    Please let me know if i can give Continental air lines "one pass" miles. i think i have around 20000.

    Requesting other members as well to donate



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  • sidbee
    01-02 08:01 PM
    I really wish , i could file my 485 in 2 years, If not i am moving to UK.
    Another question , being a junior i have, How does IV use our donations to compel USCIS/DOS to do things in favour of LEGAL IMMIGRANTS?





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  • glamzon
    07-20 05:01 PM
    No Clue... on this topic ..sorry



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  • good idea
    06-02 09:53 AM
    Interview Date: Friday May 6, 2011
    My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
    Visa Officer: A Lady
    Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
    Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
    Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
    Current status: last correspondence via email was on May 13th, no response as of yet.

    Am I experiencing this because of my employment model? Any comments from anyone?
    Did anyone else have similar experience? Anyone from Southeast Asia?

    -Yes, this is because of E/V/C model. I have never come across such case (221g) if someone works at employer location, except one, that guy's passport had some issue, and his case got sort out with in a week, in-fact, he did not get 221g. I have not come across case with E/C model too.

    -I know at least 7 guys with E/V/C model waiting in India because they got 221g, and still waiting for decision.





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  • gc_kaavaali
    06-05 05:38 PM
    Is it DHL courier service?

    I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says

    Status: Notice Left

    We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    The address where i sent is
    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    Any clue what may be going on - this is another round of fun :confused:



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  • gc_maine2
    05-24 08:36 AM
    Good job Salil. Keep up the good work.





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  • vani
    08-26 02:49 AM
    Hi,
    I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?

    Greatly appreciate your reponse.

    Rgds,
    Vani



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  • maddipati1
    08-15 12:54 PM
    Great.. please contribute to DC rally in anyway you can.

    Great.. update ur profile with ur contribution





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  • Queen Josephine
    June 19th, 2005, 08:53 PM
    It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)

    If you get frustrated with it, drop a note. I actually did the rainbow pic this am before I left the house.... took screen shots while doing it and made a pdf file for you. I just haven't had time to get it up on my website yet though. Maybe tomorrow!



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  • gchopefull
    10-02 04:04 PM
    what do u mean by
    "There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon)".
    does this means that if company files for appeal the 485/ead will be denied and revoked?
    or if company files for mtr the 485/ead will be denied and revoked respectively?
    thanks





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  • aau
    08-08 10:34 AM
    Sorry to hear about your friend's situation.

    If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.



    Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).

    Think before you write..





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  • nixstor
    04-09 03:42 PM
    Ideas are dozen a dime irrespective of whether they are good/bad. As you observed that this is a good idea and IV has already approached websites like rediff/sulekha, only to be asked for enoromous amounts of money for featuring IV on their website. So we need $$$ via contributions or the situation should get so worse that media will write for free.

    There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.





    pa_arora
    05-15 07:08 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?
    Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.





    Lisap
    08-03 12:11 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....



    1 comment:

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