go_guy123
05-09 09:44 AM
It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
wallpaper short hair with red tips.
willgetgc2005
02-08 08:21 PM
rimzhim,
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
vin13
03-17 01:02 PM
Good info about EAD or H1-B. Thanks for posting
2011 short black hair red
pm1010
08-07 04:05 PM
Guys,
It purely depends on your personal circumstances and how much you are willing to stretch. Though the life in Canadian - US is pretty similar, in my experience we all are so attached to the US that moving to Canada may not work for all of us.
I had Canadian PR in Year 2000 , i temporariliy moved to explore my option with longterm plans , but unfortunately it did not work out , i even tried windsor-detroit option, it too stressful and i personally feel it ani't worth !!
My 2 cents!!!
It purely depends on your personal circumstances and how much you are willing to stretch. Though the life in Canadian - US is pretty similar, in my experience we all are so attached to the US that moving to Canada may not work for all of us.
I had Canadian PR in Year 2000 , i temporariliy moved to explore my option with longterm plans , but unfortunately it did not work out , i even tried windsor-detroit option, it too stressful and i personally feel it ani't worth !!
My 2 cents!!!
more...
casinoroyale
03-18 12:15 PM
You should read that RonGothers thread - he is strongly of the opinion that maintaining H1B status while AOS is pending is useless. Moreover, it seems like USCIS can revoke your remaining H1B when they deny AOS application basically kicking you out of the country immediately. Now as a practical matter, I don't think they are doing that anyway. So guys, once you burn up your 6 year H1B, there is no real strong cushion if 485 gets denied. To heck with these laws. Stupid and irritating.
...and the confusion regarding this rule continues :)
...and the confusion regarding this rule continues :)
telekinesis
12-31 01:29 AM
Me and lost decided to get owned in at least one battle, expect some ownage from us next time! :evil:
more...
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.
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same_old_guy
10-23 05:47 PM
Mine was EB2 at NSC. My I-140 RD is May 16 and got cleared on 18th Oct. Last thing I heard they are processing May last week now.
more...
ganguteli
06-25 12:55 PM
I have added the poll.
Ganguteli - I told you what I think, its your choice now.
I am also asking people to think so that they are not taken advantage of.
Ganguteli - I told you what I think, its your choice now.
I am also asking people to think so that they are not taken advantage of.
hair dark brown hair red highlights
anilnag
03-22 04:33 PM
I am seeing layoffs are on rise in IT sector these days in California. I am in a good business district area in southern California and most of the companies have frozen new hirings and lots of others are laying off.
Job sites are showing many openings but even if you apply the percentage of calls you get have reduced drastically. Hanging on to wht you got if you can seems to be the only option these days..
Job sites are showing many openings but even if you apply the percentage of calls you get have reduced drastically. Hanging on to wht you got if you can seems to be the only option these days..
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thomachan72
05-09 12:45 PM
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 ...
It is hard to say dont loose hope but really thats the best option possible anyways. Is your family also affected or are they back here in the US? Your son is in which grade? If he is back with you in India it might be best to inform his school about the delay. Hopefully you will hear great news soon so keep the faith. Best..
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 ...
It is hard to say dont loose hope but really thats the best option possible anyways. Is your family also affected or are they back here in the US? Your son is in which grade? If he is back with you in India it might be best to inform his school about the delay. Hopefully you will hear great news soon so keep the faith. Best..
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Naruto
10-06 06:22 PM
LRIndy
Thanks for the information. One more question, are you applying for green card via employment or marrige?
Thank you ....
Thanks for the information. One more question, are you applying for green card via employment or marrige?
Thank you ....
more...
house house short hair red
485Mbe4001
07-09 06:48 PM
see below:
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
yes
2. If I am a GC holder living in India?
yes
3. I am neither a US citizen nor a GC holder living in India?
yes
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
Dont bother calculating this because by the time you become 65 SS will not be the same as it is today, it can be bankrupt or the retirement age would increase to 75..80 god knows. I dont think anyone can give you a solid answer to this particular question. the calculator does not include your specific situation
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
yes
2. If I am a GC holder living in India?
yes
3. I am neither a US citizen nor a GC holder living in India?
yes
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
Dont bother calculating this because by the time you become 65 SS will not be the same as it is today, it can be bankrupt or the retirement age would increase to 75..80 god knows. I dont think anyone can give you a solid answer to this particular question. the calculator does not include your specific situation
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jonty_11
12-11 12:41 PM
They are going in the opposite direction, looks like our efforts have angered them more than anything else.
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razis123
01-17 08:57 PM
yes..got laid off and now in the job hunting...i believe everyone has to bear the brunt of the lies of the wars
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grupak
07-10 04:47 PM
NIW is tricky. As you have PhD, you can apply yourself (w/o sponser) in EB1 Researcher catagory, if you do that kind of job.
The only self-sponsoring category are: EB2-NIW and EB1-EA (Extra Ordinary). EB1-EA is harder but EB2-NIW is not easy either. NIW will have to argue why labor certification should be waived. Talk to a lawyer. You will have to show YOUR work not just the field you work in has merit and in national interest. And you bring unique abilities to the US. Your past achievements and not future potential counts more.
The only self-sponsoring category are: EB2-NIW and EB1-EA (Extra Ordinary). EB1-EA is harder but EB2-NIW is not easy either. NIW will have to argue why labor certification should be waived. Talk to a lawyer. You will have to show YOUR work not just the field you work in has merit and in national interest. And you bring unique abilities to the US. Your past achievements and not future potential counts more.
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guygeek007
11-20 09:54 AM
Take a look @ this link
http://immigrationvoice.org/forum/showthread.php?t=10645
I was in a wait state for 16 months until my 140 was cleared earlier this month. Continue business as usual, your case will eventually go thru if all your docs are in place and your case is clean ( no 3 yr Ed issues).
http://immigrationvoice.org/forum/showthread.php?t=10645
I was in a wait state for 16 months until my 140 was cleared earlier this month. Continue business as usual, your case will eventually go thru if all your docs are in place and your case is clean ( no 3 yr Ed issues).
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waitin_toolong
10-09 12:56 PM
you have to apply for extension hope you got the passport renewed.
Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.
If you have filed for I-485 then your status will become AOS.
Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.
If you have filed for I-485 then your status will become AOS.
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add78
03-18 04:58 PM
RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
That is NOT true. desi3933 and I quote directly from the INA or AC-21 or UCSIC Field Memos. Please read the Yates or Neufeld memo and you will get all the answers. Many lawyers themselves do not have all the info at their fingertips and will ultimately refer to the law. By definition, a law is created to not leave "anything" to interpretation, thus the cumbersome "lawyerspeak" in which it is written. In rarest of cases where there "might" be ambiguity, it is usually clarified by Memo releases or Judicial precedences.
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
That is NOT true. desi3933 and I quote directly from the INA or AC-21 or UCSIC Field Memos. Please read the Yates or Neufeld memo and you will get all the answers. Many lawyers themselves do not have all the info at their fingertips and will ultimately refer to the law. By definition, a law is created to not leave "anything" to interpretation, thus the cumbersome "lawyerspeak" in which it is written. In rarest of cases where there "might" be ambiguity, it is usually clarified by Memo releases or Judicial precedences.
roseball
04-09 05:42 PM
You are right axp817, but small correction.
Company A (old company) attorney filed I 485 based on the I-140 approval from
company A.
Oh well....The only thing which can save your I-485 now is an offer letter from company A for future employment upon your GC approval. I hope you can get it. Your attorney should have let you know about this when he was filing your I-485. And as far as he giving you a choice to pick an employer, afaik, I don't think you have a choice since your I-485 was filed after your changed employers. You need a letter from company A, period. (This is my opinion)
Company A (old company) attorney filed I 485 based on the I-140 approval from
company A.
Oh well....The only thing which can save your I-485 now is an offer letter from company A for future employment upon your GC approval. I hope you can get it. Your attorney should have let you know about this when he was filing your I-485. And as far as he giving you a choice to pick an employer, afaik, I don't think you have a choice since your I-485 was filed after your changed employers. You need a letter from company A, period. (This is my opinion)
a1b2c3
11-30 11:35 PM
:D I did enjoy my stress free day... didn't give the middle finger yet, but did bring up some things that have been bothering me for years... that need to change... no more taking me forgranted :D
nice! have not yet been able to do whatever you have done.:)
nice! have not yet been able to do whatever you have done.:)
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