pd_recapturing
10-22 09:53 AM
Well, my attorney filed interfiling last friday and according to him, my 485 file should be updated with the new I-140 in 3 to 4 weeks from now. He informed that we should not expect any written confirmation from USCIS though. I will keep you guys updated in this regard. In the mean time, if anybody in the forum has gone through this process, please share your experience.
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hopefullegalimmigrant
04-18 07:23 PM
You are right! I should have addressed him as Mr. President.
cheg
08-23 04:55 PM
Hi. I don't know the answer to your first question but from what's I've read, anyone who is adjusting status needs to do fingerprinting and it's done every year until greencard is approved. For your second question, a person needs to fill out I-9 form (http://www.uscis.gov/files/form/i-9.pdf) through employer to activate EAD. For your third question, you can search the threads for late june filers. You might find the answer in all their replies there. Congratulations for getting your EAD. We're still waiting for ours. :confused:
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
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
2011 Ruud Van Nistelrooy Man Utd.
chanduv23
02-07 04:38 PM
They won't be any better off here.Instead of being kicked out fair and square, they will be made to decay on H1 visas for 15-20 years. Talk of choosing a rock over a hard place. Besides, the British MPs seem to at least understand what skilled immigration means - here they will have the pleasure of being grouped with meat-packers and grape-pickers who matter-of-factly walked across the border.
I think its also a lesson for those tired of the US immigration system and considering moving to other countries - lets face it, immigrants are not exactly welcome anywhere. Either stick it out, or return to home country.
yes I shared my views with few friends who are moving to US on h1b from UK and advised them that grass is not greener here either. For some reason, a lot of people still do not understand the retrogression issue, anyways, when they come here they will know :)
I think its also a lesson for those tired of the US immigration system and considering moving to other countries - lets face it, immigrants are not exactly welcome anywhere. Either stick it out, or return to home country.
yes I shared my views with few friends who are moving to US on h1b from UK and advised them that grass is not greener here either. For some reason, a lot of people still do not understand the retrogression issue, anyways, when they come here they will know :)
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JunRN
12-18 03:36 PM
It's just a caution. Some people would like to take it slowly but surely, some people love to run fast with a risk of stumbling in the middle. Whichever you go, the finish line is always the same.
All I am saying is if you wish the fast route with the risk of stumbling, then go for it. If not, try the slow but sure route.
All I am saying is if you wish the fast route with the risk of stumbling, then go for it. If not, try the slow but sure route.
dpp
11-19 10:30 PM
I have got FP appt notice 7 days back. I am July 2nd filer, filed at NSC, but transferred to CSC and then back to NSC. Also, got AP and EAD approved long time back from CSC.
I had seen a similar thread for NSC->CSC->NSC filers, but can't seem to find it anymore---did anyone whose cases got transferred to CSC receive FP notice?
I am a July 2nd filer, EAD/AP approved from CSC, case transferred back to NSC back in early Sept--still waiting for FP notice for over 4 months now.
PS: I am not desperate for FP notice---and i know it's going to be several years wait--just want to get the FP done and move to an apartment with lesser rent :-)
I had seen a similar thread for NSC->CSC->NSC filers, but can't seem to find it anymore---did anyone whose cases got transferred to CSC receive FP notice?
I am a July 2nd filer, EAD/AP approved from CSC, case transferred back to NSC back in early Sept--still waiting for FP notice for over 4 months now.
PS: I am not desperate for FP notice---and i know it's going to be several years wait--just want to get the FP done and move to an apartment with lesser rent :-)
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vactorboy29
02-19 02:25 PM
I wouldn't want Laloo to get his paws on my money. It is better in a Swiss account. :-)
This money may be yours if it route back to Indian Govt but guess what? None of the politician wants to do that reason is ..............corruption my dear friend.
This money may be yours if it route back to Indian Govt but guess what? None of the politician wants to do that reason is ..............corruption my dear friend.
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sdrblr
09-17 04:41 PM
I guess it depends on how powerful and influential the congressmen are and whether they are on the immigration or finance committee :)
Caliguy,
why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
SoP
Caliguy,
why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
SoP
more...
niklshah
09-19 10:35 AM
it was a proud moment for me and my wife to attend the rally. I really felt that we are trying to make some differance. hats off to aman kapoor and whole core team who are putting their heart and soul even though they have green card already. salute to core team.....but as aman and logiclife said this is just beginning, real work starts now,we have to educate the people in power about differance in legan and illegal immigration. so people lets start spreading the message to the people whom we know and who are not active.
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roseball
11-10 05:26 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...
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BEC_fog
07-08 03:59 PM
I just finished listening to the interview and it went great. Jay Pradhan did a nice explanation of the problems. Also the rebuttal to the low wages/job stealing issue was good.
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nashorn
12-17 12:53 PM
I wonder why your lawyer is asking you to change the number of years. your hiring manager should be the one comming up with Job Description and Justification. May be he already has one and all you need to do is send it over to your lawyer
It's always not the case. My boss sent the request from the atterney about job requirement to me, saying you two work it out. I had to work out requirement that is acturally in favor of me, but not obvious to others. And why are those requirements too. Those requirements are the key. If you didn't get them right, and lots of people applied for the postion, you are in trouble. My HR mageger told me she hates the interviews and making records of them.
Here we have the atterneys who know the law but in most of the case not much or even nothing about the specific job involved. And in the other side the boss who knows the job, but not how to play trick. To work this out, it will involve intense and lengthy back and forth between them. No boss would like that. So you always find yourself doing this.
It's always not the case. My boss sent the request from the atterney about job requirement to me, saying you two work it out. I had to work out requirement that is acturally in favor of me, but not obvious to others. And why are those requirements too. Those requirements are the key. If you didn't get them right, and lots of people applied for the postion, you are in trouble. My HR mageger told me she hates the interviews and making records of them.
Here we have the atterneys who know the law but in most of the case not much or even nothing about the specific job involved. And in the other side the boss who knows the job, but not how to play trick. To work this out, it will involve intense and lengthy back and forth between them. No boss would like that. So you always find yourself doing this.
more...
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gg10004
07-13 10:45 AM
^^^^
gg10004 - Great news !!!
Keeping fingures crossed
Lawyer already fedexed July applications yesterday and is recommending the same to all his applicants.
gg10004 - Great news !!!
Keeping fingures crossed
Lawyer already fedexed July applications yesterday and is recommending the same to all his applicants.
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jonty_11
05-22 03:39 PM
What kind of businesses will give u certificate of work? to prove u were illegal before jan 1 , 2007
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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.
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techbuyer77
09-17 02:21 PM
How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.
My pd was current on June Bulletin
January 27 2004 ROW
My pd was current on June Bulletin
January 27 2004 ROW
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chi_shark
09-11 01:15 PM
Perfect! many thanks for posting that link. it looks like our dear HR5882 is light years away from being signed into law... so I just tamed my expectations... However, we definitely need to keep up those phone calls. Fair Disclosure: I have called only once or twice... Folks, I am very less motivated about this thing getting better. But I am a dedicated spectator. Please pardon me in advance for in-action.
found this excellent details and thought should share it. :)
Have also highlighted #6 where HR 5882 is currently at
http://www.vote-smart.org/resource_govt101_02.php
found this excellent details and thought should share it. :)
Have also highlighted #6 where HR 5882 is currently at
http://www.vote-smart.org/resource_govt101_02.php
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csbbay
05-24 01:10 PM
sent
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telekinesis
05-24 12:51 PM
Sounds good. Almost done with mine!
By the way, the title at the top of the browser assumes I'm graphicslash.
By the way, the title at the top of the browser assumes I'm graphicslash.
Lou_Sifffer
04-17 11:59 AM
you have to know AS HTML PHP XML XSLT by heart and you have a Deadline
You do?
When did there become a minimum list of things you must know before you can get a job?
Where did this list come from?
You do?
When did there become a minimum list of things you must know before you can get a job?
Where did this list come from?
dilbert_cal
03-17 02:22 AM
1. Whats wrong with the profile - care to elaborate ?
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
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