General Green Card

Prevailing Wage - H-1 and GC

15 years ago By Chief Editor

Question details

When is the employer bound to pay the prevailing wages as determined for an LCA and if the applicant is already working in the sponsored position. I have an H1B which was renewed recently, but my LCA was filed in March of 2008. Hence there were three wage determinations that were done for me - First one at the time of the initial H1B filing, second one at the time of the Labor for PERM and third one for the renewal. So at what dates does the prevailing wage come into effect as they happen to be different every time.

The employer is obliged to pay you the H-1 renewal wage now and the PERM wage after you get the GC approval.

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DWI and Naturalization

15 years ago By Chief Editor

Question details

I was stopped by a police once and received a traffic ticket.I paid the ticket in time but I was not aware that my license was suspended,since the suspension notice was sent to my old address which was never frwded back to me.I was stopped again few months later by police officer and he told me my license was suspended.I appeared in the court.I pleaded guilty,since I was driving w/out insurance.They dropped the "driving without a valid license" charge and fined me $100 for driving without insurance.BMV then suspended my license for 2nd time for 1 yr.Is this a problem filing N-40?

USCIS can question anything that has bearing upon good moral character.

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Naturalization Information Sessions

15 years ago By Editor

Below is a list of upcoming naturalization information sessions for legal permanent residents and interested naturalization applicants. Topics covered at these FREE sessions will include:

naturalization eligibility requirements
the naturalization process
the naturalization test
rights and responsibilities of U.S. citizenship

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Sponsoring Niece and Nephew

15 years ago By Chief Editor

Question details

I am a US citizen. Can I sponsor my niece who is 8 years old and nephew who is 4?

It depends upon how we define the term "sponsor." If you mean can you apply for their green cards, the answer is no. If you mean can you provide an affidavit of support for them to visit or study in USA, the answer is yes.

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Green Card holder parents bringing to US a child born outside USA

15 years ago By Chief Editor

Question details

If the Child is born in India and we have the GC by that time, is there any way the child can travel to US?

Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;
b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)
c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child
d) the child is under the age of two years
e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called

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Guestbook Entry for Johnson Susai, United States

15 years ago By Anonymous (not verified)

Name

Johnson Susai

Country

United States

Comment

I just wanted to thank you Rajiv and his team, esp Prerna, Rita and Pramita for their wonderful work and guidance throughout my greencard process.

I-485 AOS Pending, Employer's Bankruptcy

15 years ago By Chief Editor

Question details

My company (an LLC) is filing Chapter 11 Bankruptcy to restructure debt. They are planning to emerge out of Bankruptcy filing as a "C corp" company. We were told that there wont be any interruption to the day-to-day business.

1. How does it effect my H1B visa and GC application (filed I-485 - pending)?

2. Do I need to re-apply (transfer) H1 B to the new company or can I send an amendment?

3. Do I need to file AC 21 portability or send an amendment to pending I-485 application?

1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or green card.

2. An amendment should be filed, though it is debatable if it is required.

3. In my view, AC21 port is easier.

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Guestbook Entry for Ashish Agrawal, United States

15 years ago By Anonymous (not verified)

Name

Ashish Agrawal

Country

United States

State

New Jersey

Comment

Hi Rajiv, I want to take this moment and offer you my utmost gratitude and thankfulness for your support and cooperation in my Green Card process. My case was little complicated as I had another I-485 with another lawyer with different job descriptions but same company. But with your expertise there was no RFE . This has been possible by the perseverance and dedication that was offered by your office. And I want to specially thank Amrita who has been exceptionally helpful to me for all these years. I must have contacted her zillion times for questions and concerns that never left me alone. But she always maintained her professional outlook and gave me the best guidance. This entire immigration process was only possible through your support. I will highly recommend your law firm for all immigration matters. Its the best indeed. Regards, Ashish Agrawal

Obtaining H-1 Extension beyond 6 years

15 years ago By Chief Editor

Question details

My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

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Important questions on H-1, AP and Travel

15 years ago By Chief Editor

Question details

1. I am on H1B. It is valid until 2010. Since I am hearing that there are many queries on the port of entry, do ou think I should travel back to the country with valid AP or H1? Which one is more preferable?

2. Considering I have valid H1B until 2010 and valid AP (though I don't have AP at the moment). I plan to stay on H1 as long as I am waiting for my greencard. But for travel purposes I use AP. Does coming back into the country using AP will change my status from H1 to EAD?

3. How long is AP processing taking these days?

4. All my co-workers are getting huge queries on H1 extension or H1 transfer. Is AP processing also getting queries? Should I even start AP processing?

5. Please list out all the documents that I should carry while traveling?

1. I think I prefer AP. Read the Cronin memo and you will understand that even if you enter using AP, you will be considered to be on valid H-1 as long as you were maintaining H-1 status before you left. Search the word "Cronin" on my blog .

2. No. See answer above.

3. It is impossible to predict times. Plan for a six-month turnaround.

4. Do not be scared of queries. We are yet to lose an H-1 case. I am not aware of any queries on AP.

5. Advance Parole and Passport.

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