lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
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gg_ny
07-17 06:00 PM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
willwin
04-05 09:16 AM
How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds
Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.
Perhaps, the attorney team here on this forum can help us understand how this works.
Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.
Perhaps, the attorney team here on this forum can help us understand how this works.
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willigetagc
08-18 11:22 PM
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.
Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.
Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.
more...
aadimanav
03-02 09:57 AM
Source:
http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm
100,000 pros may return to India from US
As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.
The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.
The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.
Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.
It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.
"A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
"There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.
Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.
"With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.
India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.
The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.
http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm
100,000 pros may return to India from US
As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.
The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.
The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.
Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.
It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.
"A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
"There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.
Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.
"With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.
India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.
The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.
chanduv23
11-13 09:48 PM
Expose these fradulent employers who have no basic ethics
more...
samcam
05-19 10:48 AM
Welcome to our newest member jmehta..
3868 and counting!!
3868 and counting!!
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little_willy
02-23 11:59 AM
Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
more...
walking_dude
03-14 10:22 AM
There is nothing much IV can do to fix the inefficiency of the USCIS. How can IV help if USCIS cannot do its job in time? We can request them to work harder, thats all we can do.
Multi-year EAD/APs ( 3 years) are already part of the ongoing IV Admin fixes campaign. Having 3 year EAD/APs will fix some of the issues mentioned by you.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
Multi-year EAD/APs ( 3 years) are already part of the ongoing IV Admin fixes campaign. Having 3 year EAD/APs will fix some of the issues mentioned by you.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
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STAmisha
03-27 06:31 PM
What documentation I need to convert from H1 to h4? Do I need to go outside US for this. I'm on H1 and I dont have paychecks since I'm on bench.
I want to convert back to H4 soon.
I want to convert back to H4 soon.
more...
ivar
09-11 11:04 AM
I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.
Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.
Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.
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lostinbeta
09-06 03:54 PM
Nice links dan, also nice update on the footer, with the beam approaching from the side. I likes again......
more...
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busy
03-08 10:05 PM
Hi,
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
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jlt007us
09-14 01:20 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
more...
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small2006
07-17 10:51 AM
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?
Thanks.
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?
Thanks.
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beautifulMind
10-08 01:01 PM
Anybody else know more on this topic
Thanks
Thanks
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reno_john
06-11 12:02 PM
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
I searched but could not find it. why.
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
I searched but could not find it. why.
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abc
06-03 12:48 PM
What happens if the current company withdraws the labour after you have moved to the new company.
Is your h1b 8th year extn invalid..
Is your h1b 8th year extn invalid..
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vimalm
08-21 10:14 PM
I have this exact same issue. My wife can't come back before 1st Oct. She will be coming back Late Nov. What we want is to go for H1-b stamping and come back on H1-b.
Last set of questions asked by sunny is what I am also interested in. Can somebody confirm/deny that you can go for H1-b stamping and come back on H1-b (H1-b was filed as Change of status request to be effective on Oct 1).
Last set of questions asked by sunny is what I am also interested in. Can somebody confirm/deny that you can go for H1-b stamping and come back on H1-b (H1-b was filed as Change of status request to be effective on Oct 1).
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!
va_labor2002
09-24 05:44 PM
Dear Core Team and other Members,
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !
I sent an email to him ,requesting to publish an article on legal immigration issues. Please send him an email. Also, please send some documents and real stories to his address by Post. email id is : rajiv@washpost.com
Contact Rajiv Chandrasekaran at:
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !
I sent an email to him ,requesting to publish an article on legal immigration issues. Please send him an email. Also, please send some documents and real stories to his address by Post. email id is : rajiv@washpost.com
Contact Rajiv Chandrasekaran at:
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
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