delax
07-27 01:48 PM
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
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pappu
03-10 11:43 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
simple1
05-01 04:32 PM
Take this scenario.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
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sumant18
08-27 04:48 PM
Any updates on your end? I am in the same situation. My wife received hers over a week ago but I am still waiting. Approval notice received more than 2 weeks ago.
I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
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HelloGC07
08-07 11:52 AM
Talked with IO today, No information about my application yet!
Got new LUD dated 08/05/07 on already approved I-140
I thought it meant something...I am so disappointed :(
Got new LUD dated 08/05/07 on already approved I-140
I thought it meant something...I am so disappointed :(
tonyHK12
02-10 10:31 AM
Here is the transcript
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
looks like there is some hope for us in 2013 if the elections go well :) This is all in good humor though , no one expects DT to upset the apple cart.
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
looks like there is some hope for us in 2013 if the elections go well :) This is all in good humor though , no one expects DT to upset the apple cart.
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esh06
09-21 06:52 PM
Application sent on aug 8th.Checks got cashed on sep 18th.
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chanduv23
07-09 09:12 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
more...
gsc999
06-21 11:50 AM
Yes, we have to wait for CIR to die. Sooner the better, because once House Republicans start holding hearings on CIR, this slow death for CIR might stretch beyond July. Extended mockery of house legistlative process will leave us hanging in a limbo.
Once this CIR charade is over we can move a new bill with only legal immigration provisions through Senate. Hopefully, Democrats will regain House majority this November. Even if they don't, this will be a litmus test for house republicans who have been so vocal in supporting the streamlining of legal immigration.
Once this CIR charade is over we can move a new bill with only legal immigration provisions through Senate. Hopefully, Democrats will regain House majority this November. Even if they don't, this will be a litmus test for house republicans who have been so vocal in supporting the streamlining of legal immigration.
hair Leave it to Lady Gaga,
krishnam70
07-11 09:05 PM
Eom
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TheOmbudsman
10-25 09:10 PM
"The market has a way of regulating itself".
That is probably the most absurd thing said in this forum.
Purgan, please do some basic research and you will see you are plain wrong. There is no way you will see your dream coming true. Govenment intervention when it comes to regulate the influx of foreign labor is everywhere. It is controlled. You just allow less or more people coming in and that is fair. If you allow the gates of a third world country to open for good and flood this with programmers to a point where you would be making $10/hour, nobody sane wants to get downgraded to that level. Foreigners with a funny accent like us would be competing for jobs. Probably employers would love and exploited people in the third world countries would love that, but I have to tell you things don't work that way.
Similar polls were conducted by Zogby, CNN, etc. I outlined other evidences there. Only individuals with an open mind can read between the lines though.
when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...
That is probably the most absurd thing said in this forum.
Purgan, please do some basic research and you will see you are plain wrong. There is no way you will see your dream coming true. Govenment intervention when it comes to regulate the influx of foreign labor is everywhere. It is controlled. You just allow less or more people coming in and that is fair. If you allow the gates of a third world country to open for good and flood this with programmers to a point where you would be making $10/hour, nobody sane wants to get downgraded to that level. Foreigners with a funny accent like us would be competing for jobs. Probably employers would love and exploited people in the third world countries would love that, but I have to tell you things don't work that way.
Similar polls were conducted by Zogby, CNN, etc. I outlined other evidences there. Only individuals with an open mind can read between the lines though.
when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...
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mpkmaster
06-22 11:27 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
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house Lady Gaga Photo: Judas Music
imneedy
08-30 08:36 AM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
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PDOCT05
08-28 09:16 AM
I have seen several July 2nd Filers at NSC whose cases Transferred to TSC are getting receipts.That's good sign...,Does any july 3rd filer got receipt?
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pictures Lady Gaga#39;s Judas Video
bluesky1
10-08 01:20 PM
Getting really worried now! What happened to our packages? I asked my lawyer and he said all the applications filed together with mine have received receipts except mine? Is that normal? Did you guys ask your lawyer? Did the applications filed together with yours all get receipts?
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sledge_hammer
02-12 12:33 PM
I never claimed I'm going to refrain from going ballistic with words when insults are hurled at me! Maintaining high moral standards and bad language usage doesn't always have to be mutually exclusive. Your logic is waaaayyyyyy flawed if you think they are, my friend!
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
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a2k2
11-17 04:54 PM
Done!!
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ssa
07-28 12:47 AM
It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
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shyamkishore
02-09 09:26 PM
Dear IV Guys,
I have been a passive observer of this forum.
I have done one time contribution of 100$.
Here are the details:
Payment details
Transaction ID: 57T11728MH365274A
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
Item/Product Number: Contributions
Buyer: Shyam Kishore Kuppu Rao
Regards,Shyam
I have been a passive observer of this forum.
I have done one time contribution of 100$.
Here are the details:
Payment details
Transaction ID: 57T11728MH365274A
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
Item/Product Number: Contributions
Buyer: Shyam Kishore Kuppu Rao
Regards,Shyam
bayarea07
02-03 04:02 PM
Another Question, How do you imagine yourself in this country when you are 60 Years old and with no security system around, that was the biggest question that has always intrigued me.
desi3933
01-30 05:23 PM
You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.
Show me the information on official web site and I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
Show me the information on official web site and I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
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