americandesi
04-13 02:58 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
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chanduv23
03-16 02:19 PM
Thanks to all for your valuble information, hope, sertasheep, miguy. Your information is very educative.
Now, this just proves a fact that it is relatively easier to get good physician jobs in the US after completing residency, even on a h1b, whereas if we go out to different countries, a lot of issues may arise. The next option would be Canada and for Indian nationals it would be India (private hospitals and practice)
So retrogression is a big concern for physicians and is impacting physician careers. I recommend all IV physician members must come forward and educate all those h1b physicians/ residents/fellows etc.. who are still ignorant of what they have got into, believe me, a lot of people don't know what is going on and they still think things are going fine.
Now, this just proves a fact that it is relatively easier to get good physician jobs in the US after completing residency, even on a h1b, whereas if we go out to different countries, a lot of issues may arise. The next option would be Canada and for Indian nationals it would be India (private hospitals and practice)
So retrogression is a big concern for physicians and is impacting physician careers. I recommend all IV physician members must come forward and educate all those h1b physicians/ residents/fellows etc.. who are still ignorant of what they have got into, believe me, a lot of people don't know what is going on and they still think things are going fine.
rimzhim
06-01 01:38 PM
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
Are you sure of this? I, of course, hope you are right. It would be great!
Are you sure of this? I, of course, hope you are right. It would be great!
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mishras
05-14 10:49 AM
This is not a joke, we have received this querry, and are seeking some helpful advice.
more...
GreenCard_Soon
02-16 12:38 PM
Hi,
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
rainbow0929
08-08 05:08 AM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
more...
ras
02-07 12:18 PM
Any guess!!!
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Anogar
03-05 02:12 AM
I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..
and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P
You didn't misread it, he said:
I think it's natural to switch from Flash Studio to Flex Builder in the some point of time.
Never mind...
And I also disagree. Flex has some strong points, but ultimately there isn't much you can't accomplish with Flex that you couldn't have done with Flash + Flash Develop, or FDT, or something like that. Obviously no one uses the Flash IDE to code once they reach a certain point, but that doesn't mean the only (or best) option is to move to Flex Builder. I find Flex Builder to be sort of cumbersome, and for working with artists, which I'm always doing, I much prefer using the Flash IDE.
and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P
You didn't misread it, he said:
I think it's natural to switch from Flash Studio to Flex Builder in the some point of time.
Never mind...
And I also disagree. Flex has some strong points, but ultimately there isn't much you can't accomplish with Flex that you couldn't have done with Flash + Flash Develop, or FDT, or something like that. Obviously no one uses the Flash IDE to code once they reach a certain point, but that doesn't mean the only (or best) option is to move to Flex Builder. I find Flex Builder to be sort of cumbersome, and for working with artists, which I'm always doing, I much prefer using the Flash IDE.
more...
rcr_bulk
07-23 11:22 AM
as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
My AP got approved in about a month. I applied some time between 7-10 of last month and I got it on 10th of this month.
on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?
I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
My AP got approved in about a month. I applied some time between 7-10 of last month and I got it on 10th of this month.
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arjunpa
10-07 12:28 PM
Thank You all for the valuable inputs.
I have an update.
I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,
H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
I have an update.
I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,
H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
more...
DDLMODES
10-09 07:47 PM
Service request ?? What is that ??
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
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EndRetro
06-20 01:03 PM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
more...
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kicca
01-31 05:29 PM
^^^
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pinoyInDC
06-25 03:12 PM
The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.
But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.
It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.
But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.
It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.
more...
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mambarg
07-27 06:58 PM
Is your question about Approved 140 or Pending 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
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Green_Always
02-01 05:17 PM
Enjoy !!
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GCBy3000
04-15 06:35 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
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nomi
12-08 08:20 AM
DEAR FRIENDS OF AMERICAN PROGRAMMERS, ENGINEERS, NURSES, PHYSICAL THERAPISTS AND SCIENTISTS,
Our citizen network did quite a job again today.
I cannot predict. But as the Senate offices begin to close their phones down for the evening (even as the Senate continues to do business), our friends on the Hill are feeling much more confident that we will wake up tomorrow morning and find that Sen. Cornyn and and the tech industry lobbyists will NOT yet have succeeded.
Some, though, believe Cornyn will make another attempt tonight to get a vote on his bill to almost double H-1B visas and employment-based greencards next year. Once the phone lines are down, however, you just have to take a rest and know you did what you could and hope that your efforts were enough to pull us through this evening.
Your thousands of phone calls made a major impression on all Senate offices and on both Republican and Democratic leadership offices in the House.
Our Capitol Hill Team is hearing from many staffers that this has been one of those "Phone Phenomenon" days in which one issue practically ties every office up in knots.
AND NEARLY 100% OF THE CALLS ARE ON OUR SIDE -- AGAINST HELPING THE TECH COMPANIES, UNIVERSITIES AND HOSPITALS TO USE MORE FOREIGN LABOR TO DEPRESS THE WAGES OF THEIR AMERICAN WORKERS
You may not have any idea how important that has been.
Perhaps most importantly, it has made our best Senator allies exceptionally determined to block Sen. Cornyn (R-TX). Our latest nose count is that nobody is backing off their "holds" that are keeping the Cornyn SKIL Act legislation from reaching the floor of the Senate.
Cornyn and the tech industry lobbyists continue to try to strike deals with the Senators to get them to remove their HOLDS. But backed by what they see as an overwhelming constituency knowledge of the issue and constituency opposition to increased foreign importation, the "holding" Senators are not budging. We are unaware of any of them accepting a deal to change their position.
The reason individual Senators are able to exercise such power with these holds is because Cornyn has to get a lot of normal precedure waived in order to bring up his bill at the last minute like this.
Our understanding is that Majority Leader Frist (R-TN) could go ahead and bring Cornyn's bill to the floor even with the holds if he wants to. But then he would have to get at least 60 of the 100 votes to break the holds of their colleagues -- which is kind of a personal thing.
The more that you make this bill seem totally radioactive the less likely Sen. Frist will want to end his Senate career on such an explosive note, or that 60 Senators would want to vote to break the holds.
A big thank you to all who have helped again today. There are hundreds of thousands of households this evening spread across the country that will have a much happier Christmas if we succeed in blocking the threat to their jobs, wages and standard of living that Cornyn's bill represents.
Our nation's nurses, physical therapists, scientists, engineers and programmers have studied hard and worked hard and invested considerable money to be able to do these jobs. Why should our government import massive numbers of foreign workers (which no independent study has shown are needed) when that action would cause so many middle class American households to suffer?
At NumbersUSA, we spend a lot of our time championing better treatment for the poor. But we also believe in the protection of middle-class Americans. You who have acted today have done a great service to these households.
I expect to have marching orders for you first thing tomorrow morning based on what the situation has become by that time.
THANKS,
ROY
P.S. If you didn't read Prof. Norm Matloff's San Francisco Chronicle op-ed today, please do so now because it explains so well why we consider this fight against major increases in legal foreign workers to be as important as our fight against illegal immigration.
Read the article here:
http://www.numbersusa.com/interests/hightech.html
Our citizen network did quite a job again today.
I cannot predict. But as the Senate offices begin to close their phones down for the evening (even as the Senate continues to do business), our friends on the Hill are feeling much more confident that we will wake up tomorrow morning and find that Sen. Cornyn and and the tech industry lobbyists will NOT yet have succeeded.
Some, though, believe Cornyn will make another attempt tonight to get a vote on his bill to almost double H-1B visas and employment-based greencards next year. Once the phone lines are down, however, you just have to take a rest and know you did what you could and hope that your efforts were enough to pull us through this evening.
Your thousands of phone calls made a major impression on all Senate offices and on both Republican and Democratic leadership offices in the House.
Our Capitol Hill Team is hearing from many staffers that this has been one of those "Phone Phenomenon" days in which one issue practically ties every office up in knots.
AND NEARLY 100% OF THE CALLS ARE ON OUR SIDE -- AGAINST HELPING THE TECH COMPANIES, UNIVERSITIES AND HOSPITALS TO USE MORE FOREIGN LABOR TO DEPRESS THE WAGES OF THEIR AMERICAN WORKERS
You may not have any idea how important that has been.
Perhaps most importantly, it has made our best Senator allies exceptionally determined to block Sen. Cornyn (R-TX). Our latest nose count is that nobody is backing off their "holds" that are keeping the Cornyn SKIL Act legislation from reaching the floor of the Senate.
Cornyn and the tech industry lobbyists continue to try to strike deals with the Senators to get them to remove their HOLDS. But backed by what they see as an overwhelming constituency knowledge of the issue and constituency opposition to increased foreign importation, the "holding" Senators are not budging. We are unaware of any of them accepting a deal to change their position.
The reason individual Senators are able to exercise such power with these holds is because Cornyn has to get a lot of normal precedure waived in order to bring up his bill at the last minute like this.
Our understanding is that Majority Leader Frist (R-TN) could go ahead and bring Cornyn's bill to the floor even with the holds if he wants to. But then he would have to get at least 60 of the 100 votes to break the holds of their colleagues -- which is kind of a personal thing.
The more that you make this bill seem totally radioactive the less likely Sen. Frist will want to end his Senate career on such an explosive note, or that 60 Senators would want to vote to break the holds.
A big thank you to all who have helped again today. There are hundreds of thousands of households this evening spread across the country that will have a much happier Christmas if we succeed in blocking the threat to their jobs, wages and standard of living that Cornyn's bill represents.
Our nation's nurses, physical therapists, scientists, engineers and programmers have studied hard and worked hard and invested considerable money to be able to do these jobs. Why should our government import massive numbers of foreign workers (which no independent study has shown are needed) when that action would cause so many middle class American households to suffer?
At NumbersUSA, we spend a lot of our time championing better treatment for the poor. But we also believe in the protection of middle-class Americans. You who have acted today have done a great service to these households.
I expect to have marching orders for you first thing tomorrow morning based on what the situation has become by that time.
THANKS,
ROY
P.S. If you didn't read Prof. Norm Matloff's San Francisco Chronicle op-ed today, please do so now because it explains so well why we consider this fight against major increases in legal foreign workers to be as important as our fight against illegal immigration.
Read the article here:
http://www.numbersusa.com/interests/hightech.html
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amitkhare77
09-04 09:54 AM
Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
Lill
03-02 03:59 AM
oi :D im gonna join too if i can.. when are the last day for submission? (or what its called in english XD hehe)
cbpds
06-25 05:58 PM
Well dont you work for less?.....based on the market rate?
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Remember $8 per hr is tax free as well
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
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