gcseeker2002
09-16 03:16 PM
<quote>"Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery."</quote>
$32000 in lawyer fees ? How may H1s were that for ? 50 ? 100 ?
$32000 in lawyer fees ? How may H1s were that for ? 50 ? 100 ?
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vjkypally
07-19 05:15 PM
If they do that assuming 500K people apply for premium they can generate over 2.5billion dollars. Add to that all the investment this 500K people will make once they get their GC. Like buyin houses and makin other investments. All this should be brought in front of people so that they see there is a big advantage for them in us getting GC's
pmb76
07-14 05:38 PM
A few days I called Comcast to disconnect CNN and CNN headlines from my cable. The Comcast representative was surprised as to why I want to cut CNN. She transferred me to her supervisor. The supervisor noted down my complaint and said that he will get back to me in 3 business days. Next day I got a call from Comcast that they will block CNN entirely from my cable. I thanked them as I will not have bigotry coming into my house anymore.
Sanju, I agree with you that it is very hard to listen to bigotry when it is particularly aimed at us. However not listening to it and avoiding it doesn't make it go away. We must know our enemy and always keep track of what they are up to. Arya-Chanakya the great statesman of Chandragupta's court once said "Keep your friends close and enemies closer" This statement is so very true to this day.
Sanju, I agree with you that it is very hard to listen to bigotry when it is particularly aimed at us. However not listening to it and avoiding it doesn't make it go away. We must know our enemy and always keep track of what they are up to. Arya-Chanakya the great statesman of Chandragupta's court once said "Keep your friends close and enemies closer" This statement is so very true to this day.
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file485
02-28 02:04 PM
I spoke to 2 attorneys...we just cant trust them..it will be finally we who will get screwed big time..
1 said, we can get an RFE asking for the latest i94.
2nd said...in the worst case senario..we will get the H1 issued without the i94..which means that we have to back to home country for H1 stamping..that will be a nightmare in Madras in my case..!!
1 said, we can get an RFE asking for the latest i94.
2nd said...in the worst case senario..we will get the H1 issued without the i94..which means that we have to back to home country for H1 stamping..that will be a nightmare in Madras in my case..!!
more...
sanju_dba
06-25 05:17 PM
http://www.immigrationportal.com/archive/index.php/t-215457.html
I tried further and here is what i found, AP usage DOESNOT invalid your H1.
http://www.murthy.com/news/UDnewins.html
( I hope there is no new rule on top of this )
I tried further and here is what i found, AP usage DOESNOT invalid your H1.
http://www.murthy.com/news/UDnewins.html
( I hope there is no new rule on top of this )
hopefullegalimmigrant
04-18 07:25 PM
Thanks for sending the email. Whats the email address that we can use to reach Obama.
Contact the White House | The White House (http://www.whitehouse.gov/contact)
Lets DO something, Please send email, regular mail or what ever method or means.
Contact the White House | The White House (http://www.whitehouse.gov/contact)
Lets DO something, Please send email, regular mail or what ever method or means.
more...
pointlesswait
05-05 08:37 PM
I would consult an attorney to understand your residency status..
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
2010 Ra#39;s Al Ghul versus Poison Ivy
muffins
05-31 09:02 PM
Might wanna ask Telekinesis about that. I actually have no 3D knowledge what so ever. I just know how to make it look "flashy".;)
If you odont know how to make those liquidy lookin things than how did you make it?
If you odont know how to make those liquidy lookin things than how did you make it?
more...
gc_in_30_yrs
10-03 11:38 AM
you might also need a copy of your approved Labour application.
I am not sure if you can get the documents directly from the UCIS becuase the documents belong to your employer and not you.
you can try through Freedom of Information Act(foia.com). but it might take a while to get the documents.
All that is required is only I-140 Approval Notice. Labor Cert is not required.
I am not sure if you can get the documents directly from the UCIS becuase the documents belong to your employer and not you.
you can try through Freedom of Information Act(foia.com). but it might take a while to get the documents.
All that is required is only I-140 Approval Notice. Labor Cert is not required.
hair 72%. atman
prem_goel
06-22 01:56 PM
Consult with the attorney on alternate evidence. I believe USCIS in most cases does accept alternate forms of evidence. Not every company issues experience letter, so in this case alternate evidence should suffice provided you have enough of it. As mentioned above, I wouldn't bring up the bond issue. That'll potentially open up can of worms unnecessarily. A company is not obligated by law to issue experience letter.
more...
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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WeShallOvercome
07-19 02:19 PM
My employer has always provided me the receipt numbers. I'm talking about the physical receipt notice which I might need just in case i need to invoke AC21.
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
more...
house Rogues#39; Gallery: Poison Ivy
ags123
02-17 12:26 PM
mhathi's listing of unknowns is right it makes the analysis not useful. More importantly there is a 6 month missing period in the FY2005 data from Oct 2004 to Mar 2005. I have been searching for this as my case was filed in this period. The FLC data is maintained by some guy in Utah whom I emailed. He got back and said that data is not available as Backlog reduction centers were being setup and they havent entered those 6 months into the dataset. I expect that there was a surge in applications in those 6 months before PERM came into existance. So without that data the analysis is pointless.
tattoo Take Batman for instance.
wata
09-29 12:30 PM
Thanks,
I think so. I have one of my friend. His case got transfer to Texas. He filed 2 months earlier than me. He got approved already in late August.
Thanks,
Wata,
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
I think so. I have one of my friend. His case got transfer to Texas. He filed 2 months earlier than me. He got approved already in late August.
Thanks,
Wata,
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
more...
pictures Jokers Asylum Poison Ivy #1
snram4
01-18 02:48 PM
Useful info from Murthy.com
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
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WaitingForMyGC
02-13 03:16 PM
mine is 11/01/04 ...I searched in 2004, 2005 and 2006 databases, could not find either
Guys any other place where we could dig this information. My application is also not listed in any of the database.
Guys any other place where we could dig this information. My application is also not listed in any of the database.
more...
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virens
09-26 03:11 PM
My application reached USCIS on Aug 14th.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
girlfriend Batman, Poison Ivy,
swede
09-20 09:54 PM
Really great job on the singing Pankaj!!! It was really impressive!
Even though it was not really the anthem for anyone there, it was a nice gesture to sing the national anthem of the people we are asking to help us. Plus, it is the only anthem that we all have in common...
Also, you have chosen to move to this country, please have the courtesy to adapt to American values. Singing the national anthem is always right.
Even though it was not really the anthem for anyone there, it was a nice gesture to sing the national anthem of the people we are asking to help us. Plus, it is the only anthem that we all have in common...
Also, you have chosen to move to this country, please have the courtesy to adapt to American values. Singing the national anthem is always right.
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humdesi
12-14 12:02 AM
Can somebody explain how unused visas are recaptured?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
rbalaji5
07-17 01:14 AM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Where are you located?. East bay?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Where are you located?. East bay?
Gravitation
08-18 05:32 PM
You have an approved I-140, so the PD belongs to you.
Find a job that requires either an MS degree or BS+5 years experience (this could very well be your current job). File a new perm. When it's approved file for a new I-140 in EB2 attaching the copy of the old approved I-140 asking to capture that date.
Then attach your new I-140 with EB2 to your existing I-485 application.
Find a job that requires either an MS degree or BS+5 years experience (this could very well be your current job). File a new perm. When it's approved file for a new I-140 in EB2 attaching the copy of the old approved I-140 asking to capture that date.
Then attach your new I-140 with EB2 to your existing I-485 application.
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