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  • gotgc?
    12-19 04:35 PM
    bumping





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  • H1bEmployer
    09-16 04:47 PM
    50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6

    Thanks





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  • krishnam70
    07-03 06:07 PM
    I have sent an email to US Senator Dianne Feinstein, California.

    Please send an email to your Senators.

    sent my email to John Cornyn of Texas





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  • felix31
    12-14 11:06 AM
    Finally I gave a thought to all this GC business and I am planning to start my Canadian PR too, here are my questions :

    1. Does anybody know of any good immigration cunsulting company for Canadian PR processing ?

    2. How much would be the total cost to get it done throught the consulting services ?

    3. Are there any hidden costs which these companies tell you at the end and try to rip you ?

    Thanks

    You do not need anyone. I am preparing my application by myself as well. Check the official website www.cic.gc.ca and check www.immigration.ca forums for useful pointers and tracking when you apply.
    good luck



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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.





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  • rongha_2000
    05-13 05:19 PM
    This database gives me an idea: Can someone who is good at programming extract all the data and build reports on how many labor certifications are there by category and by chargeability? IV tracker can also use this information to a certain extent. Unfortunately I am not a programmer so I cannot do it but I am sure for experienced programmer this should be a piece of cake.

    What do ya guys say? Any takers? Also we should know how to interpret the data. I have asked additional questions in my previous post. Answer to those will help us a lot.



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  • anandrajesh
    09-19 12:07 PM
    In the Land of 10000 Lakes(Minnesota), State DL issues DL only till your I-94 validity.

    I was waiting for my H1 Approval and that didnt turn up in time before my current one expired. (Thx to Extremely Efficient USCIS) The State revoked my Spouse's license and she was told that she cant drive till she produce a document that states we are legal here.

    Fortunately they accepted my receipt notice and gave her 90 addl days to prove our Legal Status. What a Hassle...





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  • kufloyd
    06-13 07:04 PM
    Hello,

    My 485 status online just changed today. Here's the new message:
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
    --------

    The previous message said that "my case was transfered from CA to NSC on Sept 12th 2007". I had been seeing the previous message for the past 9 months. Anyone knows what the new message means?

    Coincidentally, I had called today and spoke with an IO to check on the status of my 485. He said that within 30-60 days it should get assigned to an officer. Would this have any bearing on the new status message? I see an LUD with today's date.

    Thanks much for any help,
    Kunal



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  • sanju_dba
    06-25 03:26 PM
    My lawyer told me that my H1B status is maintained for 240 days after my visa expires.
    Visa is for getting into the country only, an expired visa will not invalidate your H1 status.





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  • rimzhim
    01-26 09:55 AM
    We have 8000+ members but only 200+ contributed. I have been thinking about it and here is one possible answer. If you look at the poll result about whether we should push for 485 or not, there are about 280 guys supporting this goal. Maybe almost all recurring contributions are from this group. :confused:
    where is this poll?



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  • pappu
    04-15 03:25 PM
    immigration related frequently asked questions

    FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)

    Thank you





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  • getgc2008
    11-22 11:27 AM
    I am still waiting. I created a SR and reply was to wait for biometrics. I am going to India in dec. Any recommendation on what to do if I still have not got the card?



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  • EkAurAaya
    11-30 09:13 PM
    Thank you guys for the good wishes :)

    Here is what we learned from my case, please feel wordsmith it and put it on wiki -

    Some History:
    My PD - Feb 2003 EB3 (140 was marked for CP)
    May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
    June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.

    We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)

    My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays

    Her Lawyers advice: We have not come across such situation, we think we should file anyways.

    Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)

    Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.

    So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.

    Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).

    Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.

    Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval

    Hope this helps!





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  • GCVivek
    03-29 04:52 PM
    No, I did not misunderstand. That reply had no quote included and therefore was directed to the person who opened the thread (see very first post from AkhiChopra) and that has everything to do with salary. :o
    I think you misunderstood. The OP is talking about his friend, his company and payment from clients. It has nothing to do with salary



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  • rajuseattle
    07-14 08:52 PM
    this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.

    one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.

    All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.

    Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.

    NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.

    We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.





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  • raysaikat
    01-15 12:12 PM
    Thank you so much for your responses! I did not mean to lie to the consulate when I answered "no" on the form the previous time. I think the thing that we've actually came back in time proves it.


    This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements.

    The new DS-160 form doesn't have this questions because I've heard that many people were confused by it. The consulate officer did not ask us if we were planning to immigrate to the US. I know of quite a few people who were issued a non-immigrant visa while replying "yes" to that question. Does it mean the law was broken on that case?

    Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.

    You need to *prove* that you have no intention for immigrating to US. Your intention is within your head; it does not start from any given date or given action by USCIS. The IO needs to "read your mind". The legal standard is that the court concedes that no one can know for sure what one's intentions are, however, the immigration officer can make a reasonable guess at the intentions by observing the actions you took or someone else took on your behalf.

    In your case:

    1. Someone filed I-130 for you. This is for permanent immigration to US.
    2. You have family ties in US.
    3. You have traveled to US before (I do not know how frequently).
    4. You want to join a university that does not even have your major; that too you do not know what exactly you will study in that university. This itself is a very strong indication (at least in my mind) that you are not really interested in the education, but you applied to that university just for coming to US.

    All together, it shows a clear pattern of observable evidence that your intention is to immigrate to US.



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  • GCVivek
    03-29 04:50 PM
    ETIN is a MUST for any company to pay a different company. Remember, when Company-A pays Company-B, Company-A shows that amount as EXPENSE (or Loss) on their tax filing. So, if there is loss somewhere, there must be a profit somewhere. Therefore Company-A will show that the expense or loss was due to paying that amount to Company-B.

    IRS does not care about names, it identifies companies and individuals only by numbers (SSN, ITIN, ETIN, etc.)

    lol you are complaining about 4% tax? :)
    1. not sure about this...normally you need a SSN or TaxID to open a back account here...however some banks dont require it...which is what illegal immigrants exploit.
    so if its done without a SSN or TAXID then you may get away without paying tax.
    However some companies wont pay you if you dont have a TaXID or SSN

    2. worst of the 3 ideas...cause u will be paying individual tax rate...of around 30% or more





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  • AirWaterandGC
    07-12 02:40 PM
    But sure can be punished and punished severely ! Let justice prevail.

    My question is a person with no shame, can he feel shameful???:confused:





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  • saimrathi
    07-03 06:59 PM
    On 7/3/07, Senator_Clinton@clinton.senate.gov <Senator_Clinton@clinton.senate.gov> wrote:

    Dear Friend:

    Thank you for taking the time to share your thoughts and concerns with me
    via e-mail. I hope you will understand that, because of the volume of
    e-mails I receive from residents of New York State, I cannot at this time
    respond to messages received from residents of other states. I encourage
    you to contact your U.S. senators if you have an issue or concern that
    needs immediate attention. You can access your senators electronically by
    visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
    of their contact information. If you are still interested in learning
    more about the work I am doing on behalf of New York State, I hope you
    will continue to monitor my work through my website at
    http://clinton.senate.gov.

    Sincerely,

    Senator Hillary Rodham Clinton
    New York State





    sareesh
    08-04 10:43 AM
    I want to start a new EB2 application but my manager is not willing. Actually, my labor is MS + 2 years but my attorney thought my I-140 will get rejected since I have included 1 month of internship in those 2 years of experience. I have masters + over 8 years of progressive experience. Working in the position over 6 years. Not blaming anyone just ranting because I don't want to change jobs now.

    Thanks,
    SG.





    softcrowd
    01-07 12:04 PM
    It's very unfortunate! But I don't think other Indian IT companies (or Indian s/w industry in general) are in trouble! Which country does n't have its own share of such incidents?.....US also has seen it's own Enron & WorldComs!!



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