vamsi_poondla
10-02 04:18 PM
Get hold of a qualified immigration attorney and ask for a paid advice.
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redcard
08-11 11:17 AM
This looks workable atleast on the face of it. I found this on the tax portion on the web,,maybe you have already seen it..
http://answers.google.com/answers/threadview?id=726542
http://www.valuation-net.com/affiliates/raybower/articles/oct20-2.html
http://www.immigrationportal.com/archive/index.php/t-196854.html
http://answers.google.com/answers/threadview?id=726542
http://www.valuation-net.com/affiliates/raybower/articles/oct20-2.html
http://www.immigrationportal.com/archive/index.php/t-196854.html
visves
09-19 12:35 PM
There was another russian gentleman who got his green card 6 months back and is a student now. Yet, he had driven 3 hours from NJ just to cheer us. He mentioned that he understands how painful this process is and wanted to encourage us by attending.
I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.
He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....
I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.
He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....
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kramac01
08-24 11:15 AM
We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
Hi,
I have a question. Did u see any LUDs in the USCIS website before you got EAD? I got FP notice but i didnt see any LUD change. I am also waiting for EAD.
My service center is Nebraska. Please reply.
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
Hi,
I have a question. Did u see any LUDs in the USCIS website before you got EAD? I got FP notice but i didnt see any LUD change. I am also waiting for EAD.
My service center is Nebraska. Please reply.
more...
go_gc_way
06-22 03:41 PM
I agree .. this should be tried. I do not know heard about this minister before,
my apologies but by title of Ministry he seems to be a appropriate to apprach
for help.
my apologies but by title of Ministry he seems to be a appropriate to apprach
for help.
nk2006
10-09 03:16 PM
I understood that if your employer revokes I-140 you have to start the process all over again with a new emplyer, even with AC21. i thought only if the employer does not revoke can you keep your PD and continue from I-485 stage with the new employer. someone, please confirm if this is wrong/correct
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
more...
learning01
05-01 04:14 PM
DL is issued in CO upto the validity of your I-94, which is fine.
So, for each H1 renewal or extension, you have to queue up in DL office. Also, for dependents visa holders (H4), before you go to DL office, you have to go to SS office, get a letter from them that a SSN cannot be and will not be issued. Such a hassle.
In FL, it is being extended to only 1-94 date.
So, for each H1 renewal or extension, you have to queue up in DL office. Also, for dependents visa holders (H4), before you go to DL office, you have to go to SS office, get a letter from them that a SSN cannot be and will not be issued. Such a hassle.
In FL, it is being extended to only 1-94 date.
2010 Cassie, Nicki Minaj, Amber
rameshk
03-31 02:09 PM
Done! Thanks!
__________________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
__________________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
more...
voldemar
03-03 09:03 PM
---
Employer pays H1B and green card costs, Period.Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
Employer pays H1B and green card costs, Period.Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
hair Cassie, Nicki Minaj, Amber
voldemar
03-28 10:23 AM
Seems today will be hearing on Immigration reform in House Appropriation Committee.
http://www.uscis.gov/files/pressrelease/27mar07.pdf
http://www.uscis.gov/files/pressrelease/27mar07.pdf
more...
hindu_king
09-15 02:00 PM
485 approved on Aug 20. Welcome notice said I'll get the card in 3 weeks. So far no card yet. Are there any others in this situation? People who posted earlier on this forum, please post if you guys received the cards.
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nraj_raj@yahoo.com
04-04 10:43 AM
Thank you core team and other volunteers for all that you have done in support of our collective cause.
more...
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anandrajesh
05-24 12:32 PM
Done... Now hoping for something good to happen
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gg_ny
09-20 10:30 AM
As I am writing, I understand there are 1900 active members and 5800 members. Even if 50% of the members bring one new member each, there will be a tremendous increase. And this can be done via internet: web and emails. Set a target (50% increase?),deadline (Oct 31st?) and have weekly count of new additions displayed prominently. Democrats did that for Howard Dean's campaign and the model has been used for subsequent elections by both the parties.. There were many new members who were asking for rallies on streets. There are others who want to send flowers, 'Remember me' cards to lawmakers. A few others wanted to put up fliers in INdian and Chinese grocery stores. Even 20% of effort to carry out those activities would fetch at least one new member per old one, then the target can be achieved.
IV core had been very voiceferous, when we needed to achieve the funding target in summer. Can they become more involved chalking out a plan to
increase membership, if that really matters? In the membership enrollment form, if there is a field asking if some old members brought the applicant in, then we would know how many old ones really care to do something. Without personal outreach and contact, the rate of new additions will never increase.
Each member has potentially minimum of two votes to spare 6 years from the day he or she gets GC. When presidential elections are decided by ~600 votes in a single voting district, even thousands of potential votes from IV community would appear to be a juicy carrot.
In my work community, there are ~100 Chinese and Indian staffers. As far as I know,my Chinese colleagues, who are more in number and most are in some stage of GC, have not heard of IV or even SKIL bill. They don't need to as all of them are EB2 and hence they are retrogressed for just over an year. Among lesser numbered Indian-origin staffers, the story is the same. On my part, I can spread the word here and breath down the shoulders of some and get them in. I am working for a non-IT non-profit establishment. Just imagine, what happens if a personal quest for new members happen in an EB3-rich IT or finance sectors?
Any suggestions for concrete plan of action? Without a plan, committment from some of us to act as catalysts and keep up the momentum this drive will not work. Bringing in at least one new member per old one is much better than rallying, sending flowers, chocalates, 'Do me a favor' cards etc.
Are we upto this?
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.
IV core had been very voiceferous, when we needed to achieve the funding target in summer. Can they become more involved chalking out a plan to
increase membership, if that really matters? In the membership enrollment form, if there is a field asking if some old members brought the applicant in, then we would know how many old ones really care to do something. Without personal outreach and contact, the rate of new additions will never increase.
Each member has potentially minimum of two votes to spare 6 years from the day he or she gets GC. When presidential elections are decided by ~600 votes in a single voting district, even thousands of potential votes from IV community would appear to be a juicy carrot.
In my work community, there are ~100 Chinese and Indian staffers. As far as I know,my Chinese colleagues, who are more in number and most are in some stage of GC, have not heard of IV or even SKIL bill. They don't need to as all of them are EB2 and hence they are retrogressed for just over an year. Among lesser numbered Indian-origin staffers, the story is the same. On my part, I can spread the word here and breath down the shoulders of some and get them in. I am working for a non-IT non-profit establishment. Just imagine, what happens if a personal quest for new members happen in an EB3-rich IT or finance sectors?
Any suggestions for concrete plan of action? Without a plan, committment from some of us to act as catalysts and keep up the momentum this drive will not work. Bringing in at least one new member per old one is much better than rallying, sending flowers, chocalates, 'Do me a favor' cards etc.
Are we upto this?
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.
more...
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sunny26
08-29 08:19 AM
I Renewed mine last month.I took only normal size photo.I went directly.if u can get into the counter before 12 then u can get same day delivery in the evening else u can ask them to send thr express mail.I was little late because of traffic got my chance only after lunch so ask them to mail and got within 2days.NY consulate says one yr i think
Hello All -
I am planning to get my PP renewed at the NY consulate and had a couple of questions and I was hoping someone could shed some light on them.
i) The DC website states that one can *only* apply 6 months before expiration date but the NY website does not? Mine is going to expire in ~8 months. Anyone know if it is 6 mo across all consulates?
ii) They have it in big red font that the photograph should be 3.5 cm * 3.5 cm, the US standard PP size is 50 mm * 50 mm .. any ideas where I can get them done in the right dimension?
iii) If applied in person do they issue the PP the same evening?
Thanks in advance to anyone who can share their experience esp. at the NY consulate
-Neo
Hello All -
I am planning to get my PP renewed at the NY consulate and had a couple of questions and I was hoping someone could shed some light on them.
i) The DC website states that one can *only* apply 6 months before expiration date but the NY website does not? Mine is going to expire in ~8 months. Anyone know if it is 6 mo across all consulates?
ii) They have it in big red font that the photograph should be 3.5 cm * 3.5 cm, the US standard PP size is 50 mm * 50 mm .. any ideas where I can get them done in the right dimension?
iii) If applied in person do they issue the PP the same evening?
Thanks in advance to anyone who can share their experience esp. at the NY consulate
-Neo
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Macaca
03-07 08:24 PM
Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and Damaris Del Valle. Note: Authors are immigration lawyers.
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer isthe party desiring premium process and who will benefit from such processing,9 then any deductions from the employee’s pay are unauthorized and, as such
Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer isthe party desiring premium process and who will benefit from such processing,9 then any deductions from the employee’s pay are unauthorized and, as such
Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
more...
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gcdreamer05
08-05 01:34 PM
Google for something called "Follow to Join", if you were single then why did you apply for 485? Atleast you could have withdrawn teh application if you had applied by mistake....
But for follow to join i think there is a clause that the person should be married before 485 gets approved, meaning the primary applicant did not add spouse to 485 and his 485 gets approved or the wife does not have 485 approval then they can use follow to join.
But do speak to an attorney if follow to join can be applicable in your case (i remember reading some 60 day limit or so) but please confirm and act accordingly.
Otherwise only other option you have is to get married and bring your spouse on any other visa like h1b or so.
Dontworry my friend speak to a good attorney they may advice what to do.
But for follow to join i think there is a clause that the person should be married before 485 gets approved, meaning the primary applicant did not add spouse to 485 and his 485 gets approved or the wife does not have 485 approval then they can use follow to join.
But do speak to an attorney if follow to join can be applicable in your case (i remember reading some 60 day limit or so) but please confirm and act accordingly.
Otherwise only other option you have is to get married and bring your spouse on any other visa like h1b or so.
Dontworry my friend speak to a good attorney they may advice what to do.
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lazycis
12-20 12:52 PM
Recent update from Murthy seems to confirm our theory that I-140 has to be approved to interfile
Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.
Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.
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dba9ioracle
09-18 11:12 AM
Many asked you about H1B employees...but I have a different question for you...
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
LostInGCProcess
11-10 05:44 PM
The only issue I see with using H1/H4 visa for re-entry is that if your I-485 is approved while you are outside US and you use H1/H4 for re-entry, it invalidates your GC and you have to start all over again. You either need to have your GC or an approved AP in hand when you re-enter US in this scenario...
That is not true. You should have no problem re-entering if you have a valid Visa or AP, even when GC is approved. Technically, you have to be first "admitted" and then the green card status takes effect. you have to show the IO at POE, the latest I-485 status if you have, which they can always check in their system.
That is not true. You should have no problem re-entering if you have a valid Visa or AP, even when GC is approved. Technically, you have to be first "admitted" and then the green card status takes effect. you have to show the IO at POE, the latest I-485 status if you have, which they can always check in their system.
avi
01-15 05:31 PM
Did any one whose I-485 was Xfr'd from NSC->CSC->NSC receive FP notice? If so, please list your city/state where FP is scheduled and if you opened a SR for FP.
In particular, i want to track folks from bay area, CA and those who didn't open SR.
Thanks!
I called them up yesterday and i was kept on hold for around 2:15 hrs before i hung up! the music was not pleasing either! Will give it a try again sometime tomorrow!
In particular, i want to track folks from bay area, CA and those who didn't open SR.
Thanks!
I called them up yesterday and i was kept on hold for around 2:15 hrs before i hung up! the music was not pleasing either! Will give it a try again sometime tomorrow!
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