pani_6
06-05 09:51 AM
I think next month its predicted that the Visa numbers will move forward and then retrogress again...so in October again there may be forward movement..what do you guys think!
wallpaper quot;Tenho coisa melhor para ti
indio0617
01-08 02:53 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.
I would say it is a 50 -50 chance given their profile.
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.
I would say it is a 50 -50 chance given their profile.
shruthii_1210@yahoo.com
09-30 12:07 PM
Hi,
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
2011 Há quem a utilize pra definir
reddymjm
03-16 01:26 PM
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
more...
desi485
10-11 01:52 PM
fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.
txh1b
09-14 03:43 PM
Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.
Good Luck!
Good Luck!
more...
ashres11
04-28 05:12 PM
Friend,
I did google search to find email address ends with @dol.gov and did mass emailing to all of them and finally they started invetigation on my previous employer and he is now behind federal bar.
I did google search to find email address ends with @dol.gov and did mass emailing to all of them and finally they started invetigation on my previous employer and he is now behind federal bar.
2010 Igreja Evangélica Batista em
furiouspride
08-14 09:56 AM
ok. Any other suggestions?.
are you scared of going to a lawyer and talking to him/her in person? i seriously wonder :) this is an online forum. are you going to base your decision depending on a few internet users' opinions? go find a good lawyer and get yourself that green card dude!
are you scared of going to a lawyer and talking to him/her in person? i seriously wonder :) this is an online forum. are you going to base your decision depending on a few internet users' opinions? go find a good lawyer and get yourself that green card dude!
more...
prasadn
03-01 08:27 PM
When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
hair Anjinhos
vivache
10-04 04:32 PM
So can I submit the docs through my family .. now and just go for the final interview?
This way I can go to the embassy the day I land in Mumbai.
Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.
This way I can go to the embassy the day I land in Mumbai.
Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.
more...
manand24
08-14 03:43 PM
I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
hot A química da poesia.
leo2606
09-26 10:21 PM
It may be a silly question, can some one tell me what is the difference between EB3-ROW and EB-3?
more...
house Com a proximidade do Carnaval,
chanduv23
01-06 09:52 AM
Just say "All izz well" and watch out for the bulletin :)
tattoo Amor, Recados para orkut,
dilipb
02-08 05:00 PM
The day I applied that day the PD was current.
Are you joking that I will get my GC soon.
All the last so many months, people have been talking that its going to take about 5-6 years still to get a GC, because there are not much GC VISA numbers available.
Also that date is showing as 19 july 2007. does it mean that they have just picked up my application and started processing and will take few months to process since they have to go thru FBI check etc and all other weird processes?
Does anyone have any hard data that there are any chances soon for getting GC in hand?
Are you joking that I will get my GC soon.
All the last so many months, people have been talking that its going to take about 5-6 years still to get a GC, because there are not much GC VISA numbers available.
Also that date is showing as 19 july 2007. does it mean that they have just picked up my application and started processing and will take few months to process since they have to go thru FBI check etc and all other weird processes?
Does anyone have any hard data that there are any chances soon for getting GC in hand?
more...
pictures Amor, Recados para orkut,
bobby
05-17 07:33 PM
Contact the USCIS Ombudsman's office directly. http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
If you search online you should be able to find the telephone number for the main switchboard at DHS in Washington and then ask for the ombudsmna's office. You will probably need to submit your problem in writing with supporting documentation. Weve had a problem where USCIS made an error and have been dealing with the ombudsman's office for over a year. Patience is needed and followup on a regular basis. Eventually the problem will be escalated to senir USCIS staff in Washington for resolution. Be tenacious!
If you search online you should be able to find the telephone number for the main switchboard at DHS in Washington and then ask for the ombudsmna's office. You will probably need to submit your problem in writing with supporting documentation. Weve had a problem where USCIS made an error and have been dealing with the ombudsman's office for over a year. Patience is needed and followup on a regular basis. Eventually the problem will be escalated to senir USCIS staff in Washington for resolution. Be tenacious!
dresses imagenes de amor con frases y
suny_saini
08-06 07:17 AM
I-140 was approved on october 08, 2002
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
more...
makeup Intérprete: Linda Chilombo
Macaca
04-22 09:07 AM
Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle
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 is the party desiring premium process and who will benefit from such processing, 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 is the party desiring premium process and who will benefit from such processing, 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.
girlfriend Falar de Amor 09 Sinal de
Winner
03-25 10:26 AM
Just curious�
Do these banks, which received TARP funds, have offshoring partners like TCS/Wipro? How is the offshoring part working? What does the H1B bill say about offshoring?
Do these banks, which received TARP funds, have offshoring partners like TCS/Wipro? How is the offshoring part working? What does the H1B bill say about offshoring?
hairstyles Prova de amor - 09/02/09 (1/4)
nogc_noproblem
05-28 02:35 AM
Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).
bajrangbali
06-19 04:34 PM
US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.
Why is US bothered about the protests in Iran regarding elections? BBC, CNN and other media is flaming those young protester's passions. If you see the comments on these news sites, they all come from Iranians under 25 yrs..everyone knows that is hot-blood age and people take defeat to heart. Media is showing this as a civil war :D
How about the civil war in Iraq? How about the protests of Indian students in Australia and the racial attacks on them? How about the recent massacre of tamilians in SriLanka?
Afterall, US media is no different than third-world mafia which can go to any extent to SELL their version..hopefully people have not yet forgotten about the WMD in Iraq :D
US Media should take care of the domestic issues in US rather than posting biased news and flaming young adults in other countries...
Self-righteousness and justification of the politicians is shameful to say the least while complaining about the Iran protests while covering up the rapes and abuses in US prisons. And US will not allow Iran to have a nuke :D can you believe that coming out of the only country which used nukes on CIVILIANS and that too TWICE :D
Ron Paul is right...US should mind their own business instead of maintaining a world empire...lets get the financial crisis mess cleared up..lets get the people back to work and reduce unemployment...why all the hypocrisy, what for??
Why is US bothered about the protests in Iran regarding elections? BBC, CNN and other media is flaming those young protester's passions. If you see the comments on these news sites, they all come from Iranians under 25 yrs..everyone knows that is hot-blood age and people take defeat to heart. Media is showing this as a civil war :D
How about the civil war in Iraq? How about the protests of Indian students in Australia and the racial attacks on them? How about the recent massacre of tamilians in SriLanka?
Afterall, US media is no different than third-world mafia which can go to any extent to SELL their version..hopefully people have not yet forgotten about the WMD in Iraq :D
US Media should take care of the domestic issues in US rather than posting biased news and flaming young adults in other countries...
Self-righteousness and justification of the politicians is shameful to say the least while complaining about the Iran protests while covering up the rapes and abuses in US prisons. And US will not allow Iran to have a nuke :D can you believe that coming out of the only country which used nukes on CIVILIANS and that too TWICE :D
Ron Paul is right...US should mind their own business instead of maintaining a world empire...lets get the financial crisis mess cleared up..lets get the people back to work and reduce unemployment...why all the hypocrisy, what for??
VivekAhuja
09-29 01:53 PM
You cannot get reimmbursed or file a claim. You can but will not get $$ back.
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