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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29023
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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1. My current H1B visa stamping date is until Sep 2013 from

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1. My current H1B visa stamping date is until Sep 2013 from my previous employer. I am employed with a new company and have a new I-797 until 2015. I am planning to visit India in Aug, 2013 and return in Sep 2013. My question is, should I go for H1B visa stamping when I visit India or can I enter with my earlier visa stamping date although it would expire within 10 days after my arrival and will there be any problems at port of entry saying your visa is about to expire even though i have a new I-797 approval.

2. My fiance is in her 6th year of H1B expiring in Feb 2014. If I apply for Green Card PERM Labor processing this year for my fiance, will that give H1B extension to her ?. Also if she plans to shift to student visa (F1), will the Green Card PERM processing will be cancelled.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
My question is, should I go for H1B visa stamping when I visit India or can I enter with my earlier visa stamping date although it would expire within 10 days after my arrival and will there be any problems at port of entry saying your visa is about to expire even though i have a new I-797 approval.
You may use your H1B visa stamp right up to midnight on the day it expires. There will be no problem with you entering the US with the expiring visa stamp with 20 days left and an I-797 valid until; 2015. NO issue at all.

2. My fiance is in her 6th year of H1B expiring in Feb 2014. If I apply for Green Card PERM Labor processing this year for my fiance, will that give H1B extension to her ?. Also if she plans to shift to student visa (F1), will the Green Card PERM processing will be cancelled.
I am not clear on how you can begin her PERM. Are you her supervisor?
Also it is too late unless she gets her PERM approved and then files the I-140 and it gets approved. It does not have to meet the 365 pending rule if the 140 is approved;
So if there is no audit it could be possible/
If she runs out of time on getting the I-140 approved she can change status to the F1 and continue the PERM/I-140 and once it is approved then she can use the approved I-140 for a 4 year extension beyond the 6th year.

Judith

 

Can I answer anything further before i go to sleep?

Judith
Customer: replied 4 years ago.

Hi Judith,


 


In my LCA petition, wage rate required is $60k per year and in my h1b filing docs :I-129,H1B data collection and filing fee supplement form rate of pay per year is $75,000. My question is - in my w2, how much amount should be shown as wages at the end of the year. is it 60k? or 75k?

Customer: replied 4 years ago.

Hi Judith,


In my LCA petition, wage rate required is $60k per year and in my h1b filing docs :I-129,H1B data collection and filing fee supplement form rate of pay per year is $75,000. My question is - in my w2, how much amount should be shown as wages at the end of the year. is it 60k? or 75k?
This is really not related to either of your two original questions.
The rate of pay has to be what was stated on the I-129.
You cannot be paid less than what is on the LCA but since the petition wage is higher that is your wage you have to be paid.
Judith
Customer: replied 4 years ago.

Thanks for the reply. If I am only able to make 60k as per my LCA and not on I-129 at end of year, is that an issue ?

“Listen, it’s been great helping you, but I have to attend to my other customers now that we’ve covered your issues about visa stamping and your fiance's extension. I encourage you to check back in with me as your situation progresses. If you like, I can help you with additional questions you may have about things like understanding wage rates and the impact of being paid differently, etc. Here’s my profile link to ask me direct questions: www.justanswer.com/law/expert-Business_Imm_Law - please visit me again!” You can also begin your question with "FOR JUDITH" and I will be available.

Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism I appreciate your positive rating. I have 34 years experience and there probably isn't much I cannot answer for you competently.
Judith

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