Monday, July 4, 2011

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  • gcfordesi
    04-23 01:00 AM
    My employer was trying to scare me saying AC-21 is trouble there will be lot of queries about title ,wages etc.... Still i am going ahead
    Just wanted to say that you are not alone here Lets take a chance its any day better than staying with this greedy employers in this recession time .





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  • pappu
    07-18 02:53 PM
    Thanks. You joined recently. we already have such issues and more on the radar and try to find opportunities to push whatever possible. The next action item and plan is posted ion another thread. As we have more information available for our members we will post on the site.





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  • manchala
    02-23 10:20 AM
    My friends - if you have already applied for 485, you are reaping benefits of 2 year EAD which IV worked for. This inturn saving some money and giving you peace of mind. Please donate a piece of that money towards advocacy efforts and IV. This will help you get your GC faster and help many other. I did my part 100$ towards this advocacy. I asked my friends to do the same and attend if possible.





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  • lotta
    07-19 07:31 PM
    -Can USCIS offer premium processing on I-485 after they re-capture lost visa numbers ?

    You have to understand the semantics of the system. Probably USCIS can adjudicate the applications much sooner. However, there is no reason for them to do so. Otherwise the number of immigrants that are coming in will only increase. One way to reduce the number of incoming immigrants is to lengthen the process.



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  • ita
    10-17 04:06 PM
    CNN-IBN,NDTV to major part , Indian express, Hindu ,Times group to some part work for certain elements outside India(West,Arab,Communism as far as I know) and a certain family(ies) within India.
    So don't worry about the quality of their news .It may look like they are influencing the society but even they don't have such power and they are not everything.So we don't have to let our minds be consumed with disappointment,anger. Instead we should focus on what we can do to improve things with whatever resources we have.
    Least you could do is not visit those sites.

    Prannoy Roy of NDTV is half Indian and is married to Prakash Karat's(communist) wife's sister.
    Rajdeep Sardesai of CNN-IBN is a classic example of Macaulian Indian and he has connections with Prannoy Roy of NDTV which goes way back to his stint with NDTV.

    As we know there was split in old Indian express .Shekhar Gupta 's Indian express works for Gandhi family though it may not be so obvious some times.

    Express buzz the other part of the old Inidan express ,rediff are some of the news site(s) that are somewhat better.

    So yes things are bad but are not that bad either.

    Indian media was also kind of all over the place about the White House Diwali celebrations and American media totally ignored it.

    I have a feeling this media war on everything that's Hindu is like passing cloud.Also it's understandable especilly when the power centres ruling India are western.

    Look at the abrupt change in A.P political scenario when the govt's eyes,hands got so greedy, long that they got to the treasures of the sacred religious,spiritual centers. I read somewhere A.P govt was working on this master plan of selling the Tirumala treasures as govt coffers were empty what with distribution of free money to people, and all other kinds of corruption.

    A wave always recedes before it makes that huge jump.





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  • eyeopeners05@yahoo.com
    06-19 04:58 PM
    Someone referred this creditunion in this post and when i checked the rates, they seem to be better than dcu.org.


    When i checked the eligibility criteria to join penfed, its vague and it seems that if i join military officers assn of america for 13dollar annual membership(which i dont need to retain) , i can get their membership. Is this correct?

    If i get membership with this moaa, would that hurt my greencard process as the greencard assumes no affiliation with any military associations etc... (i remember some questions like that). Can someone please advise ?

    Thanks



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  • hanu_78
    08-14 07:53 AM
    Count me in too
    I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.

    PD : EB3 SEPT 2002.





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  • letstalklc
    03-31 12:34 PM
    Done.

    Very good letter.

    Great job IV Team.



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  • delhirocks
    12-03 10:19 PM
    Optimist, thanks for the clarification. Do you get a 3 year extention if?

    a) I140 is aproved
    b) I140 filed but pending

    Thx

    not true. Irrespective of whether your 485 is filed or not, if your PD is not current, you can get a 3 year extension of your H1 if your I-140 is filed.
    Saying this based on personal experience, and this has also been clarified by USCIS in its FAQ. Your attorney needs to mention that and ask for 3 years when the extension request is made. If they request one, they'll get one.





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  • HopeSprings
    07-12 02:25 PM
    Hey guys this is interesting and useful info and AILA and AILF should take note of this.

    If they approve EB3/India/APR2004 and EB2/INDIA/AUG2005 saying the dates were current on Jul1 or Jul2 , applying the same logic they can't reject applications that were files when the dates were still current. And also give fair chance to others to react between bulletins.
    You are right, priderock. If indian2006 is willing, his case can be used as an example by AILF but I think we should be happy for those who got approved and spare them any more trouble.

    However, looking at indian2006's case, I had one question.
    If they allocated visa number on 1st July then, why was the approval done on 10th? I think in one of the earlier posts it was mentioned that they need to use it in 7 days or else return it to DOS.



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  • gc28262
    03-18 08:28 AM
    This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

    There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.

    This is all nonsense !





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  • genscn
    05-30 03:32 PM
    It's hard to believe that US economy will go down if they make some tough rules around H1 B visas or worse cancel H1 B program. I means, we can argue that it might create shortage for skilled works but if US really need some skilled workers, they can get it any time ( Like straight green cards for nurses etc). it’s few trillion dollars economy which won’t go down just because of H1-B visas holders.


    We the legals... pay taxes, contribute to this economy by spending earned money here in the US, abide by the rules, carry medical insurance.

    We keep doing this, till we get our green cards or till we permanently leave this country. It is a win - win situation.

    The strict H1-B rules that are added to this Senate bill will be removed or some work around will be sorted out or else the US economy will go down.

    The question now is how confident we are that they will get an amendment to give us some EB visa relief.
    The high tech employers have a problem with the new merit based system which is going to take away the reins of holding an employee from them. Employers of other industries have raised their concern against this new system which gives more points to degrees and not skill. This system is also causing a lot of concern among the familiy members here.This system will take a lot of time to kick in.

    1) The tech lobbyist can add pressure to give relief to current members in backlog so that they can hire them soon. They know that many skilled people are stuck with their companies because they can't switch due to the GC process.
    2) Can add pressure by saying that they need us now and not after 5 years when we get our GC.
    3) We need to force them to understand that they should give relief to legals too when they are doing a lot for the illegals.

    That is all I think can be possible.



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  • sam_hoosier
    05-12 01:48 PM
    below is data of pd from last four years for eb2-i - only for jun, jul & aug.
    Except july fiasco , i don't see dates ever moving forward in july vb; but they do move in august vb.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in july but in august?

    Jun 06 : 01jan03 | july 06 : 01jan03 | august 06 : U ---> no change in july. Aug backward
    jun 07 : 01apr04 | july 07 : C | august 07 : U ---> july fiasco
    jun 08 : 01apr04 | july 08 : 01apr04 | august 08 : 01jun06 ---> no change in july. Aug forward
    jun 09 : 01jan00 | july 09 : 01jan00 | august 09 : 01oct03 ---> no change in july. Aug forward
    jun 10 : 01feb05 | july 10 : ?????? | august 10 : ???? ---> do your really expect forward movement in july?

    dil ke khush rakhne ko ghalib yeh khayaal accha hai ;)





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  • gondalguru
    07-16 11:03 AM
    meridiani.planum, thanks for giving me red. I dont think EB2- India will go back to 2002/2003 for the October 2008 visa bulletin. Even if it goes back to that old dates it comes back to 2006/2007 very quickly.

    I will give you a green too. You have been a great help to forum members understand retrogression issues.



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  • arihant
    05-24 02:12 PM
    Thanks.





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  • damialok
    07-11 03:20 PM
    To claim as dependents, IRS requires that you pass two tests(many more but specific to your case)

    Substantial Presence requirement, 184 days and may include previous years stay.
    Income Requirement, I dont know the actual 2006 limit for income but it has to be less than $5000-$6000

    If you can pass both then you can file but you will require a Tax Id(ITIN) from IRS prior to doing that.

    What can happen at the maximum is that you might get audited and if you use a professional tax agent then you can easily rebut these. Also the IRS's auto auditing rules are unlikely to audit individual returns if the windfall is less than a certain amount. I guess the amount would be around $2000~$3000, as the cost for attorneys,staff and other resources will not make this audit viable.

    I claimed my sister at that time on F1 about 5 years back and was successful. Your parents should be no different. The lack of communication(systematic) between IRS and USCIS is boon for us in this case. If it were truly streamlined, USCIS would have never let the 184 days be accumulated in the first place.

    On the actual amount that you can get back depends on your tax bracket. Looks like each Dependant is worth about $5k~$6k of deductions. Assuming that you are in the 30% fed tax return bracket that would amount to around, $1.5K ~$1.8K net return. You may also be eligible for state deductions if that applies in your case, which would increase the latter amount.



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  • paskal
    09-22 12:01 PM
    there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
    a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!





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  • waitin_toolong
    10-09 12:56 PM
    you have to apply for extension hope you got the passport renewed.

    Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.

    If you have filed for I-485 then your status will become AOS.





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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.





    bkarnik
    01-16 01:40 PM
    July 23rd filer. NSC>CSC>NSC. Did not get FP notice and will be travelling to India this friday for 2 months. So called up Customer service and opened SR for both me and wife on December 20. Got appointment for me for Jan. 16th but nothing for my wife in the first week of Jan. Then a week ago got a second set of appointments both for me and wife but now on Jan. 18th.

    Anyways, reported to USCIS office in Des Moines today (Jan. 16th) per original letter. Wife accompanied me and I had all the appointment letters with me. Explained to the security guy (a very nice old gentleman) about the situation with upcoming travel, etc. He went and soke with the USCIS manager and she was gracious enough to allow my wife to get her fps done with me. Was out of the place in about an hour. They had a new machine installed and the person from the machine manufacturer was demonstrating how to use to the local staff, so we were all guinea pigs. Scanned four fingers from left hand followed by thumb, then four fingers from right hand followed by thumb, this was followed by each finger individually rolled across the scanner, then took FP of right index finger and asked me to sign (similar to a credit card digital sign box). Took a photo and that was it.

    One piece of interest to people who for some reason missed theit appointments and forgot to reschedule. I was informed by the security guy that there is a grace period of 87 business days after your initial appointment date for you to walk-in and get your fps done. However, you need to call the center to find out what day of the week is alloted for walk-ins. (It is Wednesday for Des Moines office).

    If you have multiple appointments for different days (like I had), go to the earliest one if possible and get both the notices stamped with the stamp indicating that biometrics were taken on that date.

    Cheers!
    BKarnik





    MD_123
    04-10 12:39 PM
    Latina:

    I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.

    IV team, if I'm wrong about this, please correct me.


    The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.

    What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).

    1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit

    2) With the hard quota, this 10K now goes to UNSKILLED immigrants.

    This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!

    Can I be any clearer?



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