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furiouspride

03-31 04:33 PM

Thanks guys for your reply. This was tremendous knowledge that you guys dumped in.

Let's say if I am on the green card (EAD) , then still I can not evade this tax situation correct ?I mean if they pay me and I pay to the company in India who is really responsible for the service.

Right now, with the current setup, the company in India will have to pay corporate taxes on their overseas income. If I'm not mistaken, IT companies have a reduced tax rate in India. All in all, the 4pc should not be a big damper.

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aadimanav

08-23 06:35 PM

What is Code 3 and Code 1 ? My Notice says Code 3

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LostInGCProcess

09-16 04:57 PM

50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6

Thanks

Are you kidding me???????!!!!! $32,000 for 22 ??? So, per person the Attorney charges is:

32000/22 = $1454.54

Which attorney is charging that much to file for H1??

I had to edit it...since 6 of them got the H1...so, its 22 -6 = 16

32,000/16 = $2000.00 (attorney fees) I don't believe you!!! Mr Desi Company Owner.

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EB3_SEP04

07-16 01:08 PM

I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.

http://immigration-information.com/forums/showthread.php?p=20233#post20233

He says that Eb2 India will retrogress to 2003 or 2004.
.

Ron gotcher makes sense to me. Considering the (quota + spill over) vs. the demand, it is just wishful thinking that all EB2-I with PD < 06/06 will get GC in the next few months. I also agree with others that in Oct EB2-I will retrogress back to the original levels (2004), it could go even beyond (to late 2002 or early 2003) that if a handful of EB2-I (who did not get a chance a last year) file 485 in the next 1-2 months.

2 yr EAD rule and this big EB2-I advancement could just be an unfortunate coincidence. But a lot of folks will sure find a 100% correlation nonetheless.

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kpchal2

04-02 01:51 AM

hi any suggestions for the question coophole put up. even i moved out of state and waiting to receive the rfe document. if they suggest that we go to the same civil surgeon is that a mandatory event. i think vin13 went to a different civil surgeon. so i guess we can go to a different civil surgeon. gurus please advice.

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vnsriv

09-26 01:51 PM

Is the AP document mailed to the attorney or to the applicant?

AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .

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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.

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wrldnw4me

05-24 12:21 PM

Fax sent

Thanks for everyone for being part of Immigration voice

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sanju

03-16 02:26 PM

For most Desis, immigration attorney is GOD. And the words coming out of the mouth of Immigration Attorney is the ULTIMATE TRUTH. We as desi community is happy to hero worship someone who kicks us everyday by conspiring to delay our green card application, not pick-up/return our phone calls/emails. That's how we as desis love, to be treated as trash. That's why we worship immigration lawyers as GODs.

In my opinion most immigration lawyers are part of Employer-Lawyer nexus to exploit employees. Most lawyers are in the business of finding loop holes to make more money for the employer (NOT EMPLOYEE).

"In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress." - John Adams, 1776


.

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logiclife

06-30 02:32 PM

This is an opportunity for anyone to call in into the program tommorow(Jul 1) at 4:15 EST to vent your frustration on radio.

Use this opportunity to voice your pain over your labor backlog or 485 slowness or expiring fingerprints or the abysmal FBI namecheck.

Public dialogue is the linchpin of Democracry, exercise your freedom and stand up and speak for yourself.

-------------------

The number to call in would be announced during the show by Debo.

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gc_chahiye

10-16 06:07 PM

gc_chahiye,

Thanks for your suggestions.I checked with my Lawyer about the job title .she says job responsibilities matter in this case.Job title is for any company's internal designation it seems.

I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.

The term Technical Recruiter is very generic This job can be done by any person who doesn't have any technical background .But If a person with good technical skills will bring more value to the company.

The area which i'm focussing is basically IT Sales.Company which is offering me this Technical recruiter position is impressed with my technical back ground and hiring me.They are actually looking for some one who is very senior and having good amount of experience with Technical back ground specially ERP Packages.The role is also not confined to just recruiting but meeting the clients and bidding the tech support and new impementations for the company.

I personally see lot of career growth in this path.But unfortunately there is nothing one can do in this matter.

Thanks,
h12gc

I am little more confused now: even if we ignore the title for a moment, none of the duties you have described:
- hiring software engineers
- bidding on tech support and new implementations
- meeting clients to bring in new business
seem to be inline with that of a software engineer...

I would be uncomfortable about this, but if you believe your lawyer can prove the job duties are substantially similar to that a software engineer in case of an RFE (again going by the O*NET codes as thats what USCIS looks at) you can take a chance.
Atleast get a second opinion from another, good attorney before you decide anything. The market is in general good, and there are lots of jobs around, dont lose years of your waiting time because of one lawyers interpretation of the rules just for the sake of this position.

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genscn

05-30 03:17 PM

It's because you, me, or any temporary legal immigrant will go back home if some law changes, and new batch of H1 B people will come in to fulfill industry requirement, but for illegal, route from South America is a one way street to USA and no going back. Plus, if temporary legal immigrants leave, US Govt. got to keep all our social security, retirement saving etc. if you think from their angle (US govt.), I guess for them, it makes more sense to legalize illegal (so at-least govt. can get some share of money from their taxes) because no matter what govt. do, illegal are never going to go back.


I just don't understand one basic question.

Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)

On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????

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kumar1305

01-19 11:00 AM

People do not buy house to sell it. They buy it so that they can live for a long time. And when you do not know how long you are going to stay in this country(because of immigration issues) then why would they buy. There is something called closing cost, who will pay them if you have to sell?

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Leo07

12-11 12:37 PM

Dollar500,

First, Congratulations on your trip and hope you have a nice and worry free holidays.

I can understand that there are couple of posts that went quite far than you'd normally expect from this forum. It's just that people here are really worried bout raising the funds...and trying to grab every single dollar out there...and you had 'dollar500' on your name:) asking for a cruise question.

It's nobody's business to question you about your cruise and I'm sure those folks did not mean to interfere in your business. They are just trying their best to ask you in a poilte way, if you would be willing to donate some money this holiday season to IV.

These folks who have offered you suggestions or who asked you to leave or the folks like me who are requesting you to stay are NO closer/strangers to IV than YOU are. IV is as much as yours as anybody else's. You are really welcome here and people love your posts(this one is exceptional timing:))

So, Please make up your mind and donate this holiday season.

How about this, let me take the ownership of this question...I'll get this one answered with 99.9% accurate information. How much are you willing to donate IV?( I don't have the answer yet.) You can donate after you comeback from cruise. Just a pledge would suffice now.

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mkkcbe

10-19 01:33 PM

Any idea of how many number of I-140s ? May be 50000+. It looks like it might take at least an year to process these I-140s in NSC/TSC. TSC is faster when compared to NSC, where the priority dates has not been moving, at least for EB1/EB3. What do you say ?

A trivial question: Do they process I-140s based on labor filed date (priority) or I-140 filed date ?

Hopefully they will reinstate PPS for I-140 after they are done with receipting the July/Aug applications.

Good luck to everyone.

kaykay.

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StarSun

08-18 09:41 AM

The conference call in details are as follows:
Time: 9:00 pm EST on Thursday, Aug 19, 2010.
Dial in: 1-712-432-3030
Code: 436964

Members are requested to post their questions on this thread or send the questions to IVCOORDINATOR@GMAIL.COM. Members have to be present for their question to be raised in the call. We should be able to accommodate 10-15 questions in this call.

Please join the conference at least 5-10 minutes early to notify me of your presence, and the questions will be taken up based on this order.

Future conference calls with the attorney on a regular basis will depend on a fair amount of participation tomorrow.

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gc_aspirant_prasad

09-19 09:06 AM

It was truly awesome. Got to talk to two congressmen - helped clarify differences between Legal v/s Illegal immigrants, H1 cap issues v/s GC issues, got almost half an hour at each office. Thanks IV for this opportunity, has helped me grow as a person.

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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.

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tonyHK12

02-25 09:39 AM

I would prefer to have quality of members over quantity of members. (I am only talking about dedication of members). Am I being judgmental? Maybe I am. But I believe my logic is right. You see, the person who does not want to register is also being judgmental, unapologetic, and he probably believes in his logic. He is entitled to his opinion (as I am), however, IV should not sacrifice its integrity to get members who do not believe in it.

I agree, we are an organization and at this point we haven't even asked people to compulsorily donate for Advocacy. I would say, not registering on IV is being extremely narrow-minded and being a crab (benefiting IV?).
Thousands of IV members have created an account on that site, so what is the problem?

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gc_in_30_yrs

10-03 08:50 PM

I have two passports one with H4 Visa stamped and another Surname changed. While entering US, I have used my name as in the Visa (new surname) in the I-94 card.

I have applied for H1B with new surname in this May and change of Status with that I-94.
During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)

Now I got H1 approval and COS approval with my middle name taken as first name and new surname.

1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
2) First name and middle name are interchanged in the passport and H1 approval.
Is this going to create any problem while applying SSN? What are the possible consequences..

Also, any similar scenarios, plz respond..


in your situation it is advised to talk to an immigration attorney like Murthy or someone like that. They can help you out with this. You may be scared to death by some of the posts here.

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chandrajp

08-24 10:54 AM

My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?

In my case my wife was on H4. She had to activate EAD to begin working. For that reason she applied for a new SSN.
Based on my limited knowledge, if anybody activate's EAD and begins working on that EAD, they'll lose their H status. Experts need to confirm this.
This is based on my limited knowledge. For expert advice, always consult a qualified attorney

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