Tuesday, June 21, 2011

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  • bbct
    02-16 02:00 PM
    Thanks for responding.

    I was going back through the statements that we received from the Insurance Company. The statements shows OASDI tax withheld, which is the SS tax. I believe, the employer is equally responsible to contribute 6.2% of the income to the SS and 1.45% to medicare. That means, this income should be added to the SS wages and medicare wages by the employer. I would be complaining about this employer tomorrow to IRS.

    bbct :

    My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.

    I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.

    AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.

    HTH





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  • ivuser
    02-16 04:40 PM
    CMCN
    Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
    Content :
    Job switch after getting Green Card!?

    Question:
    My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.


    Answer:

    The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
    If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.

    I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.

    I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)

    So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.





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  • HV000
    11-19 11:44 AM
    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs

    IV should publish backlog examples such as this one to the media. This person has waited for over 7 years to get immigration benefits from the govt!!





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  • kothari_rupesh
    08-13 11:56 PM
    possible reason for mysterious rejections :

    You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
    You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.

    Could this be the case with some apps mysteriously being rejected?

    my application reached NSC at 7:55am on July 2nd and I got my physical receipt notice today, mine was signed for by R Williams. checks didnt get cashed yet.



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  • sys_manus
    11-15 10:01 AM
    If the masters degree is from tier 1 or 2 schools I support else NO!





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  • paskal
    01-27 12:18 AM
    there is a gross misconception that iv is focusing "only" on 485 filing. and repeating is ad libidum is not helping.
    the 485 measure is a short term tactical decision.it was taken after it became clear that nothing else could be added to an appropriation bill currently.remember that the attitude of the majority is to have a comprehensive bill ONLY.
    certain members took to angrily denouncing the whole idea leading to a great deal of unpleasantness, of course the fault was on both sides as no tolerance for the opposing opinion was shown. it's sad though that some of these people now bad mouth iv on other forums.
    as long as we insist on bickering and being divided, we will never succeed
    let's just stop now, if that's all everyone wants to do on a daily basis. we can all stew in our own sweet juices for the next 20 years...WAITING.



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  • Dj-Studios
    06-01 04:55 PM
    That's more like it. :P





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  • techbuyer77
    09-17 02:21 PM
    How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.

    My pd was current on June Bulletin
    January 27 2004 ROW



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  • Caliber
    01-04 12:12 PM
    I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong. I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
    One of my friend's 485 was denied after 2.5 years. Their H1 was over and did not extend. Both Husband and wife were working on EAD and they never even had 1% doubt about not getting approved. The reason was that the base labor was already utilized by his employer for another employee and that guy got GC about 2 months before this guy. Incidentally both are friends and worked for the same company. But USCIS was kind enough to allow him to continue provided they file for new labor through Perm and they also got the Old PD. Then they applied in Perm through Sheela Murthy and then got their GC in almost like 45 days. This happenned about 8 months back. PLEASE REMEMBER THIS SITUATION. I am not sure if this is USCIS mistake for approving 140 for 2 people with the same labor. This still haunt's my friend's family as I remeber the day they got the rejection letter.





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  • desi485
    07-01 06:39 PM
    Having now worked with RG, I have two words for him: Ron Rocks!



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  • inskrish
    07-20 09:04 PM
    Along with the DOB affidavits, do we also need the cert for non-availability of BC?

    Hi,

    If you don't have birth certificate, you must submit 2 affidavits and the non-availability certificate.

    Regards,
    IK





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  • Karthikthiru
    02-07 11:27 AM
    H1 Extension applied on 11/21/2007 and H4 for my wife on the same day

    Karthik



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  • walking_dude
    11-19 05:07 PM
    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    http://www.onetcodeconnector.org/

    Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).


    How do Promotions impact one's existing GC application?

    for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?

    I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).

    I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!





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  • corba
    05-09 10:52 AM
    I am already actively participating in all the event for "Filing 485 when PD is not current" in immigarationvoice ...

    I sent my contribution amount for IV's April month washington campaign also ...

    I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...

    Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...

    So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...



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  • nozerd
    12-14 01:59 PM
    Exactly. No one is comparing USA & CANADA.

    For the ppl who say no jobs in Canada - well find a job and then move there. Or live in Canada in border town and commute to work daily to US.





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  • paskal
    07-25 09:01 PM
    mean NOTHING.

    My I-140 was approved in June.
    Even as of now- the processing date in NSC for EB2-NIW is Feb 07.

    My EAD was approved in July, has the NSC processing officially reached my RD? of course NOT! It's still stuck on April 16th.

    The dates are a joke.



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  • grupak
    03-06 06:49 PM
    I wrote in my old post "pay without leave"... I meant "leave without pay" ...:o





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  • nish17
    05-24 12:31 PM
    Fax sent





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  • bajrangbali
    04-10 12:31 PM
    Beautiful friday and these scumbag news! If he sues you, counter-sue him for unnecessary duress.

    First things, he will never sue you...it costs him more than what he can ever get from you so dont bother
    Regarding your pay: if you did not get paid for the time you worked, do you still have the timesheets you submitted at client-site? If you have them prepare a complaint with DOL, attach the timesheets and clearly mention what has been going on since you completed work and any emails or phone bills showing calls between you and employer. Clearly mention your employer threatened to sue you if you pursue opportunities outside his company.

    Filing a complaint is easy, cheap and risk-free - do not be afraid - and do not be rude - just do it

    Let the scumbags pay for their crimes...:mad:





    alethos
    12-30 05:35 PM
    WOWEEE!

    Soul has my vote. I especially like the kid in blue buried in the snow bank! :)

    Great work!





    komaragiri
    07-19 03:59 PM
    Very good move in positive direction. Hopefully this will become reality.



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