jimusa
03-07 09:04 PM
Hi,
I am being told by my employer that Prevailing wage applies for the hours from the start of an employment to the end of the year irrespective of any vacations.
I joined my current company in Feb 2010 and went to India for 1.5 months in Oct-Nov and came back, My prevailing wage hours is calculated from Feb 2010 till the end of the year ignoring the break I took when in India. So, even if I am paid for only the hours I worked here, I have to match the Prevailing wages based upon the hrs from Feb 10 till Dec end 2010.
They want me to pay them the difference as I had a low billing rate and my total earning is lower than the prevailing wage based upon this calculation.
I don't see sufficient information on the web for this clause.
Please help.
Thanks
Jimmy
I am being told by my employer that Prevailing wage applies for the hours from the start of an employment to the end of the year irrespective of any vacations.
I joined my current company in Feb 2010 and went to India for 1.5 months in Oct-Nov and came back, My prevailing wage hours is calculated from Feb 2010 till the end of the year ignoring the break I took when in India. So, even if I am paid for only the hours I worked here, I have to match the Prevailing wages based upon the hrs from Feb 10 till Dec end 2010.
They want me to pay them the difference as I had a low billing rate and my total earning is lower than the prevailing wage based upon this calculation.
I don't see sufficient information on the web for this clause.
Please help.
Thanks
Jimmy
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vivekv
09-22 02:41 PM
Hi All,
USCIS has mailed my wife two different EADs upon renewal. The first EAD sent to us has a 2yr validity. About a couple of weeks later, she got another one, this time with a 1yr validity.
I spoke with my attorneys and they seem to indicate that the one with the 2yr validity should be the valid document of reference from here on.
My questions are,
1) have any of you experienced this kind of a goof up before?
2) do I just take my lawyer's word for it and ignore one of them?
Please advise...
:confused:
USCIS has mailed my wife two different EADs upon renewal. The first EAD sent to us has a 2yr validity. About a couple of weeks later, she got another one, this time with a 1yr validity.
I spoke with my attorneys and they seem to indicate that the one with the 2yr validity should be the valid document of reference from here on.
My questions are,
1) have any of you experienced this kind of a goof up before?
2) do I just take my lawyer's word for it and ignore one of them?
Please advise...
:confused:
Macaca
12-04 05:31 PM
Old Tensions Test Congress; Democrats Seek A Political Center To Avoid Stalemate (http://online.wsj.com/public/article/SB119664099934911173.html) By David Rogers. Wall Street Journal, Dec 3, 2007
WASHINGTON -- Congress returns today to face a pile of unfinished work, little time and many White House veto threats. With the budget process at risk of collapsing for the second time in as many years, there is a sense that lawmakers are back to where they started after the 2006 election: divided by Iraq but chasing the dream of a political center from which to govern.
The best shot for Democrats is to find that center and build coalitions with moderate Republicans to complete Congress's agenda before the holidays. But the bitter divisions with President Bush over the Iraq war make that more difficult.
"The more they take Bush to the woodshed on Iraq, the more difficult it is to bring over moderate Republicans," says Neil Newhouse, a Republican pollster.
Compounding the problem are the moods swings and often combative nature of the Democratic leadership. Republicans tend to march four abreast, even if it means heading off a political cliff as in the 1995 government shutdown; Democrats resemble a family packed into a station wagon and yelling different directions at the driver.
House Appropriations Committee Chairman David Obey (D., Wis.) is highly respected but can hurl insults and convey distrust even as he looks for compromise. "Against my better judgment, I am going to assume you will have good faith," he said of budget talks with Republicans. If there's not good faith? "It's not going to be pretty," Mr. Obey promises.
Democrats, as the party charged with running Congress, would pay the heaviest price for stalemate. But Republicans aren't insulated from blame, especially if they are seen as walking away from compromises important to voters.
The tensions reflect the twin legacies of the 2006 elections. Antiwar sentiment helped bring Democrats back to power while independent voters wanted an end to gridlock in Washington.
Recent votes suggest a bipartisan consensus may be emerging. The passage of an energy bill with tougher fuel standards for cars appeals to independent voters. (See related article on page B1).
In the mid-'90s, when Newt Gingrich's "Republican Revolution" collided with then-President Clinton, he never got more that 240 votes in early skirmishes over defense- and appropriations-bill vetoes. Current Speaker Nancy Pelosi has averaged 275 votes, thanks to Republican support for her efforts to expand child-care and education funding.
This month's deadlines will sorely test the new majority. A stop-gap spending bill to keep the government operating expires Dec. 14. Middle-class households counting on tax refunds don't want to go into the New Year without protections from the alternative minimum tax. And the Pentagon says it will send out furlough notices before Christmas for thousands of civilian employees unless it gets more war money.
Trying to avoid a collapse in the budget process, Democrats are trimming $10.6 billion from prior House and Senate spending bills, which will be packaged into a single omnibus package approaching $490 billion in discretionary appropriations.
Most domestic accounts will be held to 3% increases over 2007 levels. Significant new money is preserved for veterans' medical care as well as $3 billion in emergency funds for border security, both bipartisan priorities. And after falling two votes short of overriding Mr. Bush's veto, a $150.8 billion labor, education and medical- research budget would be reduced by $3.6 billion.
Other major issues include:
Health Care
The spending talks parallel efforts to win passage of a $35 billion, five-year expansion of the State Children's Health Insurance Program. Democrats will move to extend the program with additional funds to guard against state shortfalls at least through 2008. Republicans are seeking a line barring federal aid for any household whose gross income exceeds 300% of poverty or about $41,000 for a single parent and child. Democrats have agreed to such a cap for SCHIP but will want more concessions from moderates before extending the same requirement to much of Medicaid, the larger state-federal health-care program for the poor and disabled.
Farming
With winter wheat planted and farmers seeking operating loans for next year's crops, there is growing anxiety at the pace of the farm bill, which has stalled in the Senate. Some type of extension may be needed, but Chuck Connor, the acting Agriculture secretary, says "there is still time to get this done."
The threshold test could be whether lawmakers embrace the administration's goal of barring subsidies to any farmer with adjusted gross income above $200,000. "That would be an important signal," said Mr. Connor, suggesting that the administration would be more willing then to show some flexibility about Congress's demands.
WASHINGTON -- Congress returns today to face a pile of unfinished work, little time and many White House veto threats. With the budget process at risk of collapsing for the second time in as many years, there is a sense that lawmakers are back to where they started after the 2006 election: divided by Iraq but chasing the dream of a political center from which to govern.
The best shot for Democrats is to find that center and build coalitions with moderate Republicans to complete Congress's agenda before the holidays. But the bitter divisions with President Bush over the Iraq war make that more difficult.
"The more they take Bush to the woodshed on Iraq, the more difficult it is to bring over moderate Republicans," says Neil Newhouse, a Republican pollster.
Compounding the problem are the moods swings and often combative nature of the Democratic leadership. Republicans tend to march four abreast, even if it means heading off a political cliff as in the 1995 government shutdown; Democrats resemble a family packed into a station wagon and yelling different directions at the driver.
House Appropriations Committee Chairman David Obey (D., Wis.) is highly respected but can hurl insults and convey distrust even as he looks for compromise. "Against my better judgment, I am going to assume you will have good faith," he said of budget talks with Republicans. If there's not good faith? "It's not going to be pretty," Mr. Obey promises.
Democrats, as the party charged with running Congress, would pay the heaviest price for stalemate. But Republicans aren't insulated from blame, especially if they are seen as walking away from compromises important to voters.
The tensions reflect the twin legacies of the 2006 elections. Antiwar sentiment helped bring Democrats back to power while independent voters wanted an end to gridlock in Washington.
Recent votes suggest a bipartisan consensus may be emerging. The passage of an energy bill with tougher fuel standards for cars appeals to independent voters. (See related article on page B1).
In the mid-'90s, when Newt Gingrich's "Republican Revolution" collided with then-President Clinton, he never got more that 240 votes in early skirmishes over defense- and appropriations-bill vetoes. Current Speaker Nancy Pelosi has averaged 275 votes, thanks to Republican support for her efforts to expand child-care and education funding.
This month's deadlines will sorely test the new majority. A stop-gap spending bill to keep the government operating expires Dec. 14. Middle-class households counting on tax refunds don't want to go into the New Year without protections from the alternative minimum tax. And the Pentagon says it will send out furlough notices before Christmas for thousands of civilian employees unless it gets more war money.
Trying to avoid a collapse in the budget process, Democrats are trimming $10.6 billion from prior House and Senate spending bills, which will be packaged into a single omnibus package approaching $490 billion in discretionary appropriations.
Most domestic accounts will be held to 3% increases over 2007 levels. Significant new money is preserved for veterans' medical care as well as $3 billion in emergency funds for border security, both bipartisan priorities. And after falling two votes short of overriding Mr. Bush's veto, a $150.8 billion labor, education and medical- research budget would be reduced by $3.6 billion.
Other major issues include:
Health Care
The spending talks parallel efforts to win passage of a $35 billion, five-year expansion of the State Children's Health Insurance Program. Democrats will move to extend the program with additional funds to guard against state shortfalls at least through 2008. Republicans are seeking a line barring federal aid for any household whose gross income exceeds 300% of poverty or about $41,000 for a single parent and child. Democrats have agreed to such a cap for SCHIP but will want more concessions from moderates before extending the same requirement to much of Medicaid, the larger state-federal health-care program for the poor and disabled.
Farming
With winter wheat planted and farmers seeking operating loans for next year's crops, there is growing anxiety at the pace of the farm bill, which has stalled in the Senate. Some type of extension may be needed, but Chuck Connor, the acting Agriculture secretary, says "there is still time to get this done."
The threshold test could be whether lawmakers embrace the administration's goal of barring subsidies to any farmer with adjusted gross income above $200,000. "That would be an important signal," said Mr. Connor, suggesting that the administration would be more willing then to show some flexibility about Congress's demands.
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desi3933
08-26 05:01 PM
I got my H1 approved in Oct 2004 and it was from Oct 2004 - Oct 2007. I used only 6 months of H1 and later went on TN (work visa for Canadian citizens) and remained in US working on TN for 4 years. I was in US all these years. Now even the earlier H1 approval duration is over, Can I apply for H1 with another employer using the old 2004 H1 quota cap or it has to be under new 2009 cap? Thanks in advance.
Your H1 is NOT subject to cap as you had H1 in last 6 years.
________________
Not a legal advise.
Your H1 is NOT subject to cap as you had H1 in last 6 years.
________________
Not a legal advise.
more...
rrajendra
08-05 04:11 PM
The expiry date of B1/B2 is printed on the visa. Getting F1 does not invalidate B1/B2. Unless the visa issuer put a stamp on the B1/B2 as "Cancelled", it is still valid!
parag_a2z
12-19 02:30 AM
Hi All,
I have H1B stamped from company A which is valid untill Oct 2008. I am planning to go to India in Jan on my new transferred H1B from company B.
Do I have to take an appointment in India for getting my new H1 stamped? Or can i just show my new approved H1B from company B on my port of entry in US, when I come back?
I have H1B stamped from company A which is valid untill Oct 2008. I am planning to go to India in Jan on my new transferred H1B from company B.
Do I have to take an appointment in India for getting my new H1 stamped? Or can i just show my new approved H1B from company B on my port of entry in US, when I come back?
more...
glus
02-25 01:26 PM
NO, a 3-year extension is possible after I-140 is approved. In your case you will get a one-year extension based on PERM which is pending for 1 year, or is approved by the time you need to file for H-1B extension.
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TexDBoy
07-23 01:08 PM
Hi all,
Looks like our company is going to merge with another company in the next 2 weeks and the name is going to change ... I am not sure about Tax-id ....
I filed 485 during the July 2007 rush and had I-140 approved in May 2007. I am currently on H1 expiring in Sep 08 .. I sent the papers to the lawyer for extension last week with the current company's documents ... not sure if they applied yet ...
So my questions are:
a) Do I need to do an I-140 Amendment for sure ... (or) can I use AC-21
b) Any risks associated with I-140 Amendment? If something bad happens to the Amendment, Can I still use the priority date (Dec 2006) ...
c) Should I file for H1B Amendment also
Thanks ..
Looks like our company is going to merge with another company in the next 2 weeks and the name is going to change ... I am not sure about Tax-id ....
I filed 485 during the July 2007 rush and had I-140 approved in May 2007. I am currently on H1 expiring in Sep 08 .. I sent the papers to the lawyer for extension last week with the current company's documents ... not sure if they applied yet ...
So my questions are:
a) Do I need to do an I-140 Amendment for sure ... (or) can I use AC-21
b) Any risks associated with I-140 Amendment? If something bad happens to the Amendment, Can I still use the priority date (Dec 2006) ...
c) Should I file for H1B Amendment also
Thanks ..
more...
praveen2008
04-26 10:28 AM
Hello,
I am currently working for employer A on a 6th year H1 with approved 140 petition. MY current H1 is expiring June 2010. In the meantime I got an good offer from employer B who applied for H1 transfer using my approved 140 petition and I got an RFE. My question is god forbid , that if my H1 transfer petition is denied with employer B , can I continue working for Current employer A and if he can file for my H1 extension, come June? Also would there be any recursions, considering i already applied the H1 transfer now with the new employer ?
Please advice and i thank you in advance
I am currently working for employer A on a 6th year H1 with approved 140 petition. MY current H1 is expiring June 2010. In the meantime I got an good offer from employer B who applied for H1 transfer using my approved 140 petition and I got an RFE. My question is god forbid , that if my H1 transfer petition is denied with employer B , can I continue working for Current employer A and if he can file for my H1 extension, come June? Also would there be any recursions, considering i already applied the H1 transfer now with the new employer ?
Please advice and i thank you in advance
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thecuriousguy
04-10 12:37 PM
My wife will be relocating to Toronto,Canada for work and I will be traveling between the US and Canada. My employer is fine with me telecommuting 50% of the time which means I will be working 2 weeks remote and 2 in the USA for the next one year. I will continue to be a US FTE [Software Development] and also pay US taxes. Will I be able to continue being on H1B status while I travel or do I have to explore other visa options? Since I will be returning to the US every 20 days [and by road] will I be able to use the automatic I94 revalidation?
Thanks in Advance!
Thanks in Advance!
more...
logiclife
03-07 11:35 AM
http://immigrationvoice.org/forum/showthread.php?t=3396
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mmk123
08-04 12:46 PM
sorry, posted on wrong forum initially.
Reposting with new thread.
****
Applied: April first week - it went in 2010 rush
Received: April last week
RFE: June first week
July first week: RFE response sent
July last week: Approval notice sent
August first week: approval notice received
Documents requested for RFE (also suggested by lawyer):
- Client Letter, role/responsibilities, duties, technologies used, company profile etc.
This letter also clearly stated all entities involved and their relationships with each other.
- Purchase Order and Other contract related stuff (all possible). Everyone co-operated.
- Badge (main bulding, her office), timesheets
- photos (cubicle/office building,company logo etc), login screen, machine etc, client phone directory
- copies of recent pay stub and offer letter, job duties
Thanks to everyone who contribute on this forum. It helped us a lot. This is for my wife.
Reposting with new thread.
****
Applied: April first week - it went in 2010 rush
Received: April last week
RFE: June first week
July first week: RFE response sent
July last week: Approval notice sent
August first week: approval notice received
Documents requested for RFE (also suggested by lawyer):
- Client Letter, role/responsibilities, duties, technologies used, company profile etc.
This letter also clearly stated all entities involved and their relationships with each other.
- Purchase Order and Other contract related stuff (all possible). Everyone co-operated.
- Badge (main bulding, her office), timesheets
- photos (cubicle/office building,company logo etc), login screen, machine etc, client phone directory
- copies of recent pay stub and offer letter, job duties
Thanks to everyone who contribute on this forum. It helped us a lot. This is for my wife.
more...
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alapkd
05-15 10:05 PM
Appreciate any help and legal advise.
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seltzer
02-10 01:05 AM
Since you're already using EAD, you are no less safer to take up a new job. The most important thing is to be able to keep renewing your EAD til your GC arrives.
more...
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smsthss
07-18 12:21 PM
Hi,
There is an article in AILA about VISA BULLETIN REVERSAL: NOW WHAT?. Does anybody have any access to that..
There is an article in AILA about VISA BULLETIN REVERSAL: NOW WHAT?. Does anybody have any access to that..
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ajju
11-13 09:33 PM
This looks similar to the PERM applied for labor... It would be faster for new applicants.. but old applicants could get stuck again... for years... and years... not due to visa.. but due to transformation...
more...
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waitin_toolong
07-26 01:04 PM
she can start work from Oct 1st no problems for her I-485
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tridiv
07-12 03:32 PM
I just missed 120-90 day window for filing EAD. My EAD expires on oct 12 and today is July 12TH.
Other stats:
Have H1B active with current employer till Feb 2009
Just got my priority date current - EB2 July 2004 for India
I-140 approved, I-485 and I-140 filed last year receipt date Sept 2007
Questions:
How can I get new EAd now?
I can continune working on H1B correct?
Any impact on my 485 application that now will process due to PD being current?
PLEASE HELP. I am confused and worried a bit.
Other stats:
Have H1B active with current employer till Feb 2009
Just got my priority date current - EB2 July 2004 for India
I-140 approved, I-485 and I-140 filed last year receipt date Sept 2007
Questions:
How can I get new EAd now?
I can continune working on H1B correct?
Any impact on my 485 application that now will process due to PD being current?
PLEASE HELP. I am confused and worried a bit.
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cj4ualways
09-11 03:40 PM
Hi,
I am on H-1B with a company and have been through my 4years of H-1. Now they are saying that they might not be able to apply for my PR before the start of my 6th year of H-1 and are offering me the following option: Need to leave US and go back to India or any other country, will be paid US salary and then after one year will be brought back on a L-1A visa. Now my question is can they pay in US dollars while i am outside US and still be able to come back on L-1A visa? or do i need to change into local payroll?
I am on H-1B with a company and have been through my 4years of H-1. Now they are saying that they might not be able to apply for my PR before the start of my 6th year of H-1 and are offering me the following option: Need to leave US and go back to India or any other country, will be paid US salary and then after one year will be brought back on a L-1A visa. Now my question is can they pay in US dollars while i am outside US and still be able to come back on L-1A visa? or do i need to change into local payroll?
aphotica
03-08 03:59 AM
i want some experience working for a person who would like me to make them various medias from websites to graphics. i mostly create absract art but can also do photo manipulation.
i have standard knowledge in;
Photoshop
3dsmax
& html
Visit my site and contact me via email.
bochap_@hotmail.com
www.aphotica.vze.com
Or see my artworks
www.aphotica.deviantart.com
:phil:
i have standard knowledge in;
Photoshop
3dsmax
& html
Visit my site and contact me via email.
bochap_@hotmail.com
www.aphotica.vze.com
Or see my artworks
www.aphotica.deviantart.com
:phil:
Blog Feeds
01-20 08:10 AM
The National Foundation for American Policy has released a policy brief regarding the new GAO report on the H-1B program and notes that the GAO blows a torpedo through the common complaint that the H-1B program is just a way to bring in cheap guest workers. NFAP GAO H-1B report
More... (http://blogs.ilw.com/gregsiskind/2011/01/nfap-gao-report-confirms-h-1b-workers-paid-as-much-as-comparable-americans.html)
More... (http://blogs.ilw.com/gregsiskind/2011/01/nfap-gao-report-confirms-h-1b-workers-paid-as-much-as-comparable-americans.html)
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