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chantu
08-21 06:17 PM
Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
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nlalchandani
10-02 06:28 AM
Hi All,
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
Aah_GC
08-17 06:34 PM
Titles do matter as they are the first ones to catch the eye. To me it appears you are moving from a PM position to a tech specialist position (at least on paper) and you might have some problems there. If possible, try to request for a title with "manager" in it. If that is impossible, try to go by matching SOC code. Does your prospective employer have a legal immigration team to help out?
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sidd_k2002
02-10 05:10 PM
Hello All,
I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
Now i want to call my parents on a Vistors B category visa for my graduation.
I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.
1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?
Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
Thanks in advance
I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
Now i want to call my parents on a Vistors B category visa for my graduation.
I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.
1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?
Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
Thanks in advance
more...
needhelp!
10-10 05:41 PM
time to move on...
h1techSlave
04-09 09:50 PM
In my opinion, you should deal with the seller directly with out an agent only if you know the seller personally. Say you want to purchase a house from another IVan, you can do that with out a middleman (Realtor) :)
But you would still need a settlement agency and a lawyer (usually arranged by the settlement agency). And it is advisable to get the loan thru a loan agent.
So what is the roler of a broker/ real estate agent for a buyer.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
But you would still need a settlement agency and a lawyer (usually arranged by the settlement agency). And it is advisable to get the loan thru a loan agent.
So what is the roler of a broker/ real estate agent for a buyer.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
more...
gcnirvana
01-29 12:42 PM
Gururaj Deshpande - Founder of Sycamore N/w
Naveen Jain - Founder of InfoSpace
Naveen Jain - Founder of InfoSpace
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chosenone52
10-02 03:28 PM
But what if the company doesnot have any more requirement when my GC gets approved. Its takes 4-5 years and conditions may change as per time...?
Any opinion?
Any opinion?
more...
samcam
05-19 11:24 AM
Welcome to our newest member rockets12345!
3871 and counting...
29 more to go!!
3871 and counting...
29 more to go!!
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chi_shark
10-08 10:43 AM
not website... just the category... thanks for your opinion...
also, title leaves the possibility that the content talks about a creative new business idea... or some creative twist in interpretation of law...
I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.
And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.
also, title leaves the possibility that the content talks about a creative new business idea... or some creative twist in interpretation of law...
I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.
And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.
more...
bigtime007
06-26 01:41 PM
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
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cjagtap
10-14 07:40 PM
Hello,
I have a same question. I have my EAD but my h1b is expiring in decmber 07 which i am not planning to extend. So do I need to take my EAD and current employment letter to DMV along with tons of other documents to prove the residence status.
Please respond if anyone has done the same.
I have a same question. I have my EAD but my h1b is expiring in decmber 07 which i am not planning to extend. So do I need to take my EAD and current employment letter to DMV along with tons of other documents to prove the residence status.
Please respond if anyone has done the same.
more...
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gsc999
01-20 12:05 PM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
--
The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
--
The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.
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pappu
09-01 09:52 AM
You need to connect with company A and get your documents to prove 2 year experience.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
more...
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sam0407
07-24 02:58 PM
As per my attorney, one year validity is recommended, but, I myself had only 10 months validity in my PP, she said it’s ok and we applied I-485..
BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..
BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..
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gchope2k6
03-17 07:25 PM
Thank you guys for all the replies ! I will let you know what happens !
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fide_champ
03-21 11:26 AM
Please see below for my answers..
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
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InTheMoment
10-14 12:25 PM
Also, a minor correction to the answer on whether all have to wait for 5 years after GC to get naturalized...the only exceptions are military personnel *and* those who married US Citizens (marriage based GC's) - these categories have to wait only 3 years
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bsbawa10
08-14 10:50 PM
The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. You can change the day if you want to. Also please do not sort the data yourself. I will do it periodically. Just enter your info at the end.
Bawa
Bawa
Blog Feeds
10-30 12:30 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgTyQC6iWPdAPauK27Cbqu4yfQ3tC1xRo4nYGbjzE_hwNOoJlIJ1-3XIdpzS2R2zHVw3_9qgIvJ_wi7JwqBKF_62XoCZaYUR3cPPV2dJilrY0qBJ8biX_zUKAajq-Br6I4Uk8Z77fpDQXtL/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgTyQC6iWPdAPauK27Cbqu4yfQ3tC1xRo4nYGbjzE_hwNOoJlIJ1-3XIdpzS2R2zHVw3_9qgIvJ_wi7JwqBKF_62XoCZaYUR3cPPV2dJilrY0qBJ8biX_zUKAajq-Br6I4Uk8Z77fpDQXtL/s1600-h/uscisLogo.gif)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
BECsufferer
08-18 09:16 PM
While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
