actaccord
02-11 06:25 AM
you don't break any law when recording conversations. Check the law on both states (if you are currently in different state than the other party you are calling) as most state don't allow recording of phone conversation without other party permission.
key note....Document and have everything in writing/email/recording...
key note....Document and have everything in writing/email/recording...
asanghi
03-23 02:37 PM
I live in South Bay. Please let me know how can I help?
THanks
THanks
eagerr2i
11-15 05:22 PM
In California,
www.edjoin.org
You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.
Pls PM me if you need more details.
www.edjoin.org
You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.
Pls PM me if you need more details.
helpfriends
04-17 09:07 AM
They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
more...
chehuan
01-26 08:04 PM
so the job description said BS + 5 years experience or Master +2 years
and they rejected him saying he was not BS +5
none took care of the second part Master +2 years and hence it got rejected
and they rejected him saying he was not BS +5
none took care of the second part Master +2 years and hence it got rejected
fatjoe
10-23 03:50 PM
My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.
more...
rajenk
02-11 12:56 PM
Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
ItIsNotFunny
09-23 10:15 AM
I don't get it - where are the rest of the 2468 members?
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
more...
Nw2GC
05-07 08:32 PM
I will be submitting my paper work soon!
Sachin_Stock
08-13 02:32 PM
Any gurus can answer this question?
more...
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.
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.
nandini
08-03 06:02 PM
i had applied for 3 extension in May, in June when all dates were current i was given 1 year extension . After July 2nd ,as they became unavailable again my emailed my attorney and she spoke with USCIS and without having to reapply i was given extension till 2010.
i think you are eligible for 3 year extension.
i think you are eligible for 3 year extension.
more...
sekhar007
08-13 10:25 PM
Hi,
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
sundarpn
11-17 11:33 PM
Another question is when using AC-21 to change jobs via H1b transfer, (or even EAD for that matter)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
more...
go_guy123
10-02 02:06 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.
Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).
Most people dont realize that GC is not the end of story. GC is yet another type of
immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.
Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).
Most people dont realize that GC is not the end of story. GC is yet another type of
immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.
DianaSteve
12-07 11:23 AM
I cannot find the status online or on the phone. I get the same message. They don't give info to the beneficiary. So attorney called and after spending 30 mins on the phone they were able to locate my I140. He said that once they put it online they will sent an email. This was few weeks ago and still nothing happened. But my employer received a letter from Nebraska stating that attorney or someone called to find the status of the I140 and that it will take some days(I don't remember the exact number as I know that it will take much longer than what they specified) to process this case.
There are so many people who are in this situation.
Hope this helps.
There are so many people who are in this situation.
Hope this helps.
more...
rajev_kk
10-10 04:55 PM
You have slogged all these years. Take a break, have a Kit-Kat and take a vacation in Italy. Have heard it's pretty good. Have a good time.
Beemar
10-04 09:04 PM
Congratulations.
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
mhtanim
09-16 08:59 PM
July 9th Filer. Application originally sent to NSC. Got transferred to CSC. CSC I-485 receipt notice shows Receipt Date as July 9th. However, last week CSC transferred I-485 to NSC. The I-485 transfer notice (issued by CSC as well) shows "Receipt Notice: September 12".
dc2007
08-05 12:56 PM
It was less than year. See answers below..
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
LOL123
09-05 10:24 AM
The applications that were sent between July 2 and July 17 have been transferred to other service centers. the applications reached during this time period is taking a little longer to process.
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