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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.

http://informationclearinghouse.info/article22856.htm

What did your attorney advice?

I know someone who went to Canada for the weekend and got the I-94 with the correct date on it.
Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.

Also note that if you have an Indian passport, you will need a visa to go to Canada.

The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.

I did the same thing . Except I returned my I94 while returning to US as the airlines did not take my I94. While returning I just explained my situation to immigration officer and she was knowlegable and issued a new I94.

Hi immilaw member,

Thank you for the response, but my situation is.....

1. My diploma certificate will be dated somewhere around December,2006.
2. My H1B approval notice says my H1 is valid from October-1, 2006.
3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

So now my questions are....

a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

Please suggest.

Hey everyone,

I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?

I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.

Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.

Sent

I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

I have few questions for the experts here.

1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?

Please let me know.. This is urgent for me right now.

Thank you all.

Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.

What made USCIS think that your educational background is not Computer Science? any idea.

RD Texas: 3rd Aug
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered

That's why I only buy from B&H when there is no otehr choice.
Not this case, not yet.

I got mine in 3 months non premium processing for H1 extension (1st 3 years over so applied for second three years) same employer, same profile. So basically the most straight application you can put.

Totally agree.
Another night my wife was worried. I told her that I am still young :). When the worst happens, I can still work in a Chinese restaurant, and put the food on the table for the kids.

I tried to educate some of the university students( MS) about our issue. They dont
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.

thanks again for at least trying.

If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.

It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.

The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.

I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...

I turned out to be my I-485 approval notice!

I just received it yesterday.

Thanks all.

Freedom1.

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Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?

I am in tennessee and would like to participate constructively. However, I will not hesitate to make my disagreements known.

Thats exactly exact..

Are you talking about the Diwali Mela event on November 10th?

Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

Your EB3 applicaiton will not be affected by this new application.

The whole process upto I-140 may cost $10k-15k

This is very good post. I have been waiting for this news where we enter when not working for GC sponsoring employer.

Thanks for sharing.

http://en.wikipedia.org/wiki/List_of_Indian_Americans

Check our own Aman Kapoor listed

Best part of Indian EPF scheme you can withdraw 100% if you quit job or if you are in transition. So no retirement age restriction if somone wants money ;)

In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.

In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.

And we all know how the employers would "Package" their "contribution".

This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.