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05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
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billz
07-22 07:02 PM
Unfortunately, your idea didnt work...
It just made the animation go even weirder..
Thanks anyway for the reply
CAN ANYONE PLEASE HELP ME?
:(
It just made the animation go even weirder..
Thanks anyway for the reply
CAN ANYONE PLEASE HELP ME?
:(
veni001
04-05 10:05 PM
I entered US on H1 and the officer stamped the I-94 expiry date to the expiry date of the passport. I applied for a new passport but forgot about the I-94 expiry date. Does it mean that my H1B is expired and not valid? Can I re-enter US on the same H1B visa. Or, my H1B is no longer valid and I have to use AP?
Please let me know.
You are correct, you have been accumulation illegal stay since your i-94 expiration, when did it actually expire? if it is more than 180 days you better see a good immi attorney!
If you have i-485 pending, then your status is AOS pending since i-94 expiration and is legal.
we would appreciate if you could update your profile before posting your response.
Please let me know.
You are correct, you have been accumulation illegal stay since your i-94 expiration, when did it actually expire? if it is more than 180 days you better see a good immi attorney!
If you have i-485 pending, then your status is AOS pending since i-94 expiration and is legal.
we would appreciate if you could update your profile before posting your response.
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jnc
07-12 02:15 PM
fromnaija,
Thanks for your answers.
jnc
Thanks for your answers.
jnc
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kumarc123
05-04 01:13 PM
I agree ..I wonder what kind of effect will swine flu have ..it certainly gives the anti-immigrants a huge advantage (as predicted by pat buchanan) ...
Will this bill contain a merit based sytem? I know Obama was the the key author of a bill based upon merit based in 2007.
Has anyone of you come across any type of information which reflects on Merit based immigration system this year?
Will this bill contain a merit based sytem? I know Obama was the the key author of a bill based upon merit based in 2007.
Has anyone of you come across any type of information which reflects on Merit based immigration system this year?
snathan
05-04 01:44 PM
CuriousWho would you prefer contributing to?
a. ....I'd pay money to track my case with my data-included.b. ImmigrationVoice -- I believe in it and it pays forward.
c. None...........I don't trust both
d. Both...........I LOVE both and/or have loads of money.
Can you explain me...?
a. ....I'd pay money to track my case with my data-included.b. ImmigrationVoice -- I believe in it and it pays forward.
c. None...........I don't trust both
d. Both...........I LOVE both and/or have loads of money.
Can you explain me...?
more...
prashant1j
01-07 10:48 AM
My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.
thanks,
thanks,
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days_go_by
07-20 01:01 PM
I wouldn't say Gates is a loser, but whoever really believes this is one.
--
just relax, check his id "nonimmi", he/she would say that.
--
just relax, check his id "nonimmi", he/she would say that.
more...
CHHAYA
11-15 08:50 AM
I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.
PD - 05/03 EB3-I
PD - 05/03 EB3-I
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ahmed
04-24 10:02 PM
It loves you back :love:
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dbevis
February 3rd, 2004, 10:51 AM
That little sucker looks to be one heck of a feature packed little camera. If you did not think about FF and pro stuff this would make the consumer camera one real tough decision! Nice little camera!
Scott
2,000 images on one battery/one charge - impressive. The battery looks oh so close to the BP-511 - just not quite the same as to be interchangable. Why, why, why? ;) The world has enough battery form-factors already.
Odd that it's has a minimum ISO 200.
Overall the specs look really good. No samples images to look at yet, tho'.
OK, Canon, now let's have "the rest of the story". What else have you got for us, now that you've seen the other player's hand?
Don
Scott
2,000 images on one battery/one charge - impressive. The battery looks oh so close to the BP-511 - just not quite the same as to be interchangable. Why, why, why? ;) The world has enough battery form-factors already.
Odd that it's has a minimum ISO 200.
Overall the specs look really good. No samples images to look at yet, tho'.
OK, Canon, now let's have "the rest of the story". What else have you got for us, now that you've seen the other player's hand?
Don
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seahawks
06-15 01:58 AM
I have been reading so many thread on filing but I haven't heard anything on what to do, look for after we file the 485 paper work
Can somebody provide the normal steps and what to expect after 485 gets filed. Is there a number you get, is there something you check online, what to expect in mail, what to check with the attorney, what is Finger printing, when to expect EAD, Travel Parole.. Do we need to call a hotline, I keep hearing Infopass. What is the final thing like do they stamp in the passport and we assume we have the GC? All I know is GC is not green:)
Sorry, have no clue what is the after ..
Thanks
Can somebody provide the normal steps and what to expect after 485 gets filed. Is there a number you get, is there something you check online, what to expect in mail, what to check with the attorney, what is Finger printing, when to expect EAD, Travel Parole.. Do we need to call a hotline, I keep hearing Infopass. What is the final thing like do they stamp in the passport and we assume we have the GC? All I know is GC is not green:)
Sorry, have no clue what is the after ..
Thanks
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teikyo30
08-05 06:29 PM
I read the letter myself when it came yesterday. It clearly stated there is no appeal due to the fact that she applied to early.
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kumar1
12-01 03:34 PM
H1 and H4 are 2 different classes.
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The7zen
01-01 03:17 AM
How are you planning to celebrate?
Nothing big...those days are all gone :(
What is your new year resolution?
Single Digit Body Fat %...I am @15now....came down from 22.
Nothing big...those days are all gone :(
What is your new year resolution?
Single Digit Body Fat %...I am @15now....came down from 22.
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Blog Feeds
04-30 10:20 AM
See Cartoons by Cartoon by Joe Heller - Courtesy of Politicalcartoons.com - Email this Cartoon
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-humor-youre-not-from-around-here-are-you.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-humor-youre-not-from-around-here-are-you.html)
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rjgleason
February 5th, 2005, 08:41 AM
Nice group of shop[ts but the first one is best. May I suggest that if you put your pics in the thread and request opinions or critiques, you may want to add what the shooting details are.
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jasmin45
07-22 07:42 PM
Hi my wife is missing her birth certificate can i aplly with all the rest of the documents and send it in later beacause it can take some time to find it in russia or any other suggestions thanks
Affadivit for Birth certificates from parents will be fine. you must have 2 affadivits for the missing birth certificates stating the reason for non availability of birth certificates, person's relationship with the applicant and the circumstances for knowledge of birth. It is always advisible to provide additional documents like school leaving certificates etc.. as proof of birth date, place and parents names along with affadivit to substantiate the evidance in support for missing birth certificate.
Affadivit for Birth certificates from parents will be fine. you must have 2 affadivits for the missing birth certificates stating the reason for non availability of birth certificates, person's relationship with the applicant and the circumstances for knowledge of birth. It is always advisible to provide additional documents like school leaving certificates etc.. as proof of birth date, place and parents names along with affadivit to substantiate the evidance in support for missing birth certificate.
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ivx
03-15 10:19 AM
Murthy.com posted this topic
Proposed Changes to I-129 Would Affect H1B & Other Employers
MurthyDotCom : Proposed Changes to I-129 Would Affect H1B & Other Employers (http://www.murthy.com/news/n_cha129.html)
I believe this topic hasn't been discussed on IV. Looks like the proposed changes are going to make lives of Consulting company employees much harder. Thoughts from IV members?
Proposed Changes to I-129 Would Affect H1B & Other Employers
MurthyDotCom : Proposed Changes to I-129 Would Affect H1B & Other Employers (http://www.murthy.com/news/n_cha129.html)
I believe this topic hasn't been discussed on IV. Looks like the proposed changes are going to make lives of Consulting company employees much harder. Thoughts from IV members?
softwareguy
07-20 01:50 PM
This is not from Bill Gates. It's an excerpt from the book "Dumbing Down our Kids" by educator Charles Sykes. It is a list of eleven things you did not learn in school and directed at high school and college grads.
lifestrikes
03-03 10:40 AM
Preview Video Link (http://www.msnbc.msn.com/id/3036789/ns/msnbc_tv-morning_joe/#41866432)
For Thursday, Tom Brokaw addresses the concern that America is losing its best and brightest immigrants because of visa restrictions. From 1995 to 2005, a quarter of start-up technology or engineering companies had at least one immigrant founder. How do we keep immigrants, many of whom were educated here, from leaving?
For Thursday, Tom Brokaw addresses the concern that America is losing its best and brightest immigrants because of visa restrictions. From 1995 to 2005, a quarter of start-up technology or engineering companies had at least one immigrant founder. How do we keep immigrants, many of whom were educated here, from leaving?
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