sábado, 25 de junio de 2011

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  • coolstonesa
    03-10 05:24 PM
    H1B is a work permit and as a dentist she can't work without a license. So H1B can't be filed without a license as she fails to meet minimum requirements to work.




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  • provine
    08-19 05:35 PM
    I file pwd around the end of Feb this year. It's still pending. Anyone else is having the same issue? What can I do for this? Ask for tracking number from lawyer and call DOL? Please advise.

    I am so frustrated...




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  • Munna Bhai
    01-18 01:08 PM
    and trust me they will find one....

    BTW - Canadian Dollar is doing better that USD...!!!!

    If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.




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  • RNGC
    02-09 07:40 PM
    People,

    I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?


    Here is my little girl's letter:
    http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf

    If we can't do this simple task, how can we expect the govt. to change laws for us ?

    I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.

    Download the document from here:
    http://h1.ripway.com/likefree/LettertoPresident.doc

    I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?

    Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.

    Here is a link with more letter templates:
    http://immigrationvoice.org/forum/showthread.php?t=16506

    Broken Immigration System: (if some one can rotate this file please let me know!)
    http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf



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  • hivicks
    04-07 09:48 AM
    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks




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  • pady
    08-28 12:52 PM
    My SR is for my 485, I didn't renew my EAD or planning to renew as I am not using it



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  • rjgleason
    January 17th, 2005, 07:41 AM
    Thanks guys!

    Bob, I'm clueless on portrait photography, but they look very good to me! :)

    As far as the games is concerned, I try to keep the shutter speed at 1/500 or maybe 1/400 if necessary, to freeze motion reasonably well. There's still movement visible on sticks and pucks, but that's fine IMO. The arenas I've been to so far (small local areans for lower divisions) generally have poor lighting so... I usually get f/2-f/2.8 and 1/500 or thereabouts, and I'm still underexposing slightly. Use larger apertures and too much is OOF, the DOF is too shallow as it is. I'd love to try hockey in better light.

    EDIT: Forgot the lenses... most good ones seem to come from 300/2.8 (mostly from the seats as it's on the long side), 135/2 (best results so far) and 85/1.8. My 70-200/2.8 is a bit of a disappointment, it is nowhere near as good as the 135/2 when used wide open. I've also started playing around a bit with wide-angles, it can give you some unusual action shots as long as you have the nerve to remain by the boards when the players come storming by. :)


    Thanks Anders.......I think I will try my 200 1.8 and 135 2.0 (I'll also bring my 85 1.8)




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  • belmontboy
    01-18 02:58 PM
    Chances for an audit are 95%:(

    do u have any source for this?

    If you don't, you should learn not to give answers that you don't know.



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  • ksiddaba
    08-22 03:23 PM
    My questions:
    While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.

    While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.

    Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.

    As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.




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  • imind
    03-12 03:50 PM
    You can go to dice.com or any other jobportal and search for any IT job and you will see lot of jobs says:

    NO H1Bs....ONLY EAD/GC/CITIZENSIP .



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  • 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.




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  • bhatt
    08-05 04:56 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    It is just depeneds on luck.
    My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
    Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.



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  • x1050us
    06-26 05:03 PM
    My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?




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  • Desertfox
    02-07 06:33 PM
    desi3933, Thank you so much for posting this document. I will keep a copy of this with me while travelling through the border cities.

    I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.



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  • rahul2699
    05-19 12:18 PM
    Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.

    it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification




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  • dealsnet
    03-05 07:08 PM
    Talk with hospitals in your area. May be $10K for the expense, if you didn't find any insurance to cover the pre-existing condition.
    Spend it to get a US citizen child or save that money and make delivery happen in India.

    btw her location will be @ Portland, Oregon.

    Regards



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  • chantu
    08-21 10:36 PM
    Again, no problem at all. My parents will come after 1 year after getting their visa. It is same case with me. But make sure that when they come, they should not overstay beyond six months or whatever I-94 date.

    Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.

    One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.




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  • samswas
    05-13 08:39 AM
    I'm still waiting ... PD 6/12/2006




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  • a_to_z_gc
    02-19 12:15 PM
    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!


    Yes it really IS impossible to determine which will move quicker.

    and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

    EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.




    magician7989
    09-05 05:00 PM
    Anybody going to the DC Rally. We really need to lobby for change in the immigrations system. Immigrants inject a lot of wealth of capital and wealth in the US.




    snathan
    06-07 01:03 PM
    I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has �TEMPORARY� written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why �TEMPORARY� is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I�ll get hard time getting loans etc b/c people will think I may move out any time as I am here �Temporarily�

    Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.

    http://www.dps.state.ok.us/


    Why dont you check with attorney and take them to court. Just getting/being angry wont help.



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