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problems101
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Posted on 10-06-09 11:51
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Hello Friends, Im currently in H1b, and working full-time. But I am also doing some side work for a few people. I get paid in check. Is this going to cause a problem to me in future? Please enlighten me. Also, if you know current status on EB3, please let me know as well.
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pyaradeshbasiharu
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Posted on 10-06-09 12:16
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Do you have H1B approved for the Sidework too? If not , that's an immigration Violation...
" You can't work on H1B for other employers until and unless concurrent H1B is also approved from other employer"
Watch out, on the current economic and immigration climate , it is going to cause a problem in Future..
Dude, u already have Fulltime Job , You are being greedy..Your mistake will haunt u in ur Future Immigration endeavor
PD on EB3 is 01JUN02..
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xx-nepal
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Posted on 10-06-09 12:31
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For the above question. The simple answer is you cannot, unless you have approved H1Bs from all parties. I too have a question reagarding H1B salary. Can an employer increase an employee's salary ( i mean by a lot ..like $20,000) without amending the H1B petition. The duties have not changed significantly, but the amount of work has increased, and hence the raise. Thanks!
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pyaradeshbasiharu
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Posted on 10-06-09 12:42
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On H1B you are supposed to receive Salary equal to or greater than the Prevailing Wage Rate..
Just to be in the Safe side , File an LCA amendment to reflect the increment in Salary you will be receiving..
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problems101
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Posted on 10-06-09 1:15
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Thanks for comments guys. pyaradeshbasiharu Click here to subscribe to pyaradeshbasiharu's postings. You will get notification when the users posts in sajha. I do not have h1b for side job, but I did not fill out any employment form or gave my SSN. Would this still get me in trouble? You may think im being greedy for doing this but my full-time employer is paying me very low(40s) and I have been working for them 2+ yrs.
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pyaradeshbasiharu
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Posted on 10-06-09 1:26
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Sorry i used the word "greedy" but u can't work for other employer..
If u r Working in Cash, should be fine..But u never know when USCIS want's to dig the graves and pull the records..If they want they can pull your "Nalibeli" even without SSN...
I encourage u to file H1b for another employer if u also want to work for that employer..You have worked so hard to reach this point and some stupid mistakes can cost u dearly....
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problems101
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Posted on 10-06-09 1:31
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Thanks pyaradeshbasiharu, you're right. appreciate your suggestions. Click here to subscribe to pyaradeshbasiharu's postings. You will get notification when the users posts in sajha.
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xx-nepal
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Posted on 10-06-09 3:58
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Thanks Pyaradeshbasiharu, So, there is no need to file a H1B petition for significant increase in salary, just filing an ammended LCA is sufficient? Again, just to make it clear..no need to file an I129? Please let me know.
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pyaradeshbasiharu
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Posted on 10-06-09 4:17
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Were u getting the Salary Greater than or equal to the Prevailing Wage rate Mentioned in LCA?
If yes then..U don't have to worry About Anything ,not even LCA or I-129..U should be fine..But if Your work Location has changed and that has resulted in the Increase in Salary, u have to file H1B Amendment.
"Generally, an amended H1B petition must be filed where work location is changed if the change is not covered by the LCA; change of person’s duties from one specialty occupation to another; or there is a material change in the terms and conditions of employment."
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xx-nepal
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Posted on 10-06-09 4:32
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Thanks again, Yes it has always been greater than the prevailing wage. And no, the work location has not changed and the duties have not changed (yet). So if the duties change I will file amended H1B (this would mean both LCA and I129, right?) So, basically I am safe to take any amount of increase, since they have no language for that. This is pretty cool.. Regards.
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pyaradeshbasiharu
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Posted on 10-06-09 4:37
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" change of person’s duties from one specialty occupation to another; or there is a material change in the terms and conditions of employment"
you have to file I129,LCA AND OTHER REGULAR H1B APPLICATIONS IF AFOREMENTIONED CONDITION HOLD TRUE..nd look for the words mentioned in bold...
hope it helps
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