Is salary reduction possible/legal?
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1. If an employee is on a H1 they cannot have a 10% pay cut unless their H1 was amended and refiled.
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1. If an employee is on a H1 they cannot have a 10% pay cut unless their H1 was amended and refiled.
What if an employer is indicted on multiple counts and he is cleared of all other charges but he pleads to a conspiracy charge with home detention for a few months as his punishment. How does this effect pending cases at his business?
That depends upon whether or not the conspiracy was in fact in relation to the pending cases. For example, if the fraud/conspiracy involved non-payment of H-1 employees, that should have no affect on pending green card cases.
In a recent meeting, USDOL has stated:
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Thanks in advance for your help. My current situation is this :
1. Applied for I140 and received RFE
2. RFE requires Employer's 2007 tax document and my recent W2
3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008.
4. This is my 6th year in H1 B and it expires in October,2009
My questions are:
1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor?
2. If Labor is approved, can I file my I140 premium and apply for 7th year extension?
3. How long will it take to cancel the current I140?
Please help me out regarding this situation.
Thanks and awaiting for your valuable suggestions.
You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.
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If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?
Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.
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U.S. Citizenship & Immigration Services announced it will reopen non-military deferred action cases that were pending on August 7. Letters will be sent this week re-opening all cases that were pending on August 7.
Quotes and Excerpts from Rajiv on the article:
"The newly introduced proposal, in the context of applicability to the Indian diaspora in the US, will cover citizenship applications, applications for adjustment of status filed by those in the USA seeking to obtain green cards (such as H-1B workers, or those on intra-company transfers holding an L-1 visa). It will also apply to green card holders seeking re-entry permits (who wish to stay away from the US for two years)," explains Arlington-based Rajiv Khanna, Managing Attorney at Immigration.com
Discussion Topics:
FAQ: What if H-4 EAD's are revoked by the USCIS || Working on other projects while on H-1B|| Multiple H-1B approvals
Others: F-1 OPT, GC for parents, H1B RFE regarding Specific Specialty
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a proposed regulation to improve the process for granting or denying an initial application for employment authorization documents (EADs) by reforming the current 30-day timeline pertaining to pending asylum applicants.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Acting Director Ken Cuccinelli issued the following statement on the Supreme Court’s decision to permit the enforcement of the Trump Administration’s asylum rule requiring asylum seekers to seek protection in at least one third country they traveled through en route to the United States.
WASHINGTON—USCIS announced that it will celebrate Constitution Day and Citizenship Day by welcoming nearly 34,300 new U.S. citizens during 316 naturalization ceremonies across the nation between Sept. 13 and 23.
Quotes and Excerpts from Rajiv on the article:
“Technology is our only edge in the commercial world and if we lose that, we fall behind. In order to maintain and enhance this, we need a system to attract and keep STEM graduates,” Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said.
For more on this news please see the attachment.
My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019.
However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?
Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS will consider certain fiscal year (FY) 2020 CW-1 petitions seeking an extension of status for temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI) to be filed on time, even if USCIS receives them after the worker’s current period of CW-1 petition validity expires.
Discussion Topics, Thursday, 19 September, 2019
FAQ: Effect of H-1B approval on H-4 EAD || Travel during H-1B amendment and using old employer's visa stamp || For how many years is the H-1B quota exemption valid? || Can a GC pending EAD holder move locations?|| Should I maintain my H-1B after filing I-485 Adjustment of Status || Nonimmigrant visa for a partner in an unmarried gay couple || Impact of multiple pending H-1B
OTHER: Multiple H-1 and H-4 pending || H-1B holder and F-1 holder getting married|| Consequences of simultaneously two H-1B approvals || Impact on green card if working for two employers || Impact of withdrawing LCA || Cross chargeability spouse not present at I-485 interview || Expediting EAD || Working a US job from Canada remotely || Can an employer refuse to produce tax returns? etc.
I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.<br>
I have moved to my current employer in April 2019 and I have approved H1-B for 3years.<br>
Now because I am changing client and location, they have filed amendment and it is currently under process.<br>
I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.<br>
During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Quotes and Excerpts from Rajiv on the article:
Rajiv Khanna, Arlington-based immigration advocate says: “Many of the cases where a change to student status is requested do get approved. But there are also cases where it is rejected owing to the boilerplate reason that the student has the entire family in the US, therefore they have no ties to their home country.” “The life of a youngster and the family unity should not have to depend upon the 'benevolence' of an immigration officer,” he adds
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