pmamp
03-07 04:31 PM
Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.
I think H1B expenses must be paid by employer. However, GC fees need not be... as GC is an optional element (employer is not required to process GC for every H1B employee).
I think H1B expenses must be paid by employer. However, GC fees need not be... as GC is an optional element (employer is not required to process GC for every H1B employee).
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nomi
12-11 01:03 PM
This will not affect retrogressed applicants since they cannot file concurrently anyways....BUT people who can move from EB3 to EB2 will affect since EB2 for rest of the World is current right now.
WillIBLucky
08-11 01:47 PM
According to an IO i talked to recently the background check has 6 stages which includes name check.
Sometimes for verifying the names and address they send it to local USCIS office for verification.
So it may not be for interview. But you could be in the last stages of the background check and will be approved soon IF the dates are current for your PD.
Good luck!
Sometimes for verifying the names and address they send it to local USCIS office for verification.
So it may not be for interview. But you could be in the last stages of the background check and will be approved soon IF the dates are current for your PD.
Good luck!
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umeshsak
06-30 02:53 PM
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
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browncow
04-14 02:20 PM
congrats. enjoy the freedom.
GCAmigo
07-13 01:45 PM
Joomla!
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gc_dreamer_485
10-09 01:26 PM
Thanks for the responses.
YEah i did get my passport renewed rigght after i came back from Canada.
However i totally forgot about my I-94.
So you think the only way to get the i-94 extended is to go out of country.
Even i heard about getting I-94 renewed from major international airports. Does anybody has any further information related to this?
Please advise.
YEah i did get my passport renewed rigght after i came back from Canada.
However i totally forgot about my I-94.
So you think the only way to get the i-94 extended is to go out of country.
Even i heard about getting I-94 renewed from major international airports. Does anybody has any further information related to this?
Please advise.
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paulcao1978
01-26 02:04 PM
It's almost the end of Jan now. Do we have a fax compaign or sth similar?
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Sheetal81
08-23 05:01 PM
TSC - I was stunned to see it in the mail today..We got our receipt no's just last week..
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monkeyman
10-17 09:51 AM
Is there a pattern for RFEs? Why some on gets an RFE for AP?
Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).
Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).
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pappu
12-26 11:21 AM
So you mean I should not even think of invoking AC21 EVEN after 180 days ?
Maybe some people had problems using AC21. But at the same time a lot of people do use it. Every person must take the decision after consultation with a good attorney in AC21 matters and after looking at their own GC, Job, career and personal life situations. There are some areas like salary and same or similar job criteria that must be carefully looked at. There is no general answer to the question above. Each person must do what is best for them. It is speculated that a lot of people will invoke AC21 from next month after crossing 180 days and seeing that the upcoming visa bulletins will only push the dates back for countries like India and China. This would certainly frustrate a lot of people who do not see any career growth and may have to decide if they wish to be stuck in the same job for several more years or change jobs.
Maybe some people had problems using AC21. But at the same time a lot of people do use it. Every person must take the decision after consultation with a good attorney in AC21 matters and after looking at their own GC, Job, career and personal life situations. There are some areas like salary and same or similar job criteria that must be carefully looked at. There is no general answer to the question above. Each person must do what is best for them. It is speculated that a lot of people will invoke AC21 from next month after crossing 180 days and seeing that the upcoming visa bulletins will only push the dates back for countries like India and China. This would certainly frustrate a lot of people who do not see any career growth and may have to decide if they wish to be stuck in the same job for several more years or change jobs.
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bigboy007
08-21 02:36 PM
Any more on NSC -> TSC transfer cases who got Receipts or Checks cashed?
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punjabi77
09-10 11:49 PM
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
I do understand there are expenses incurred on the employer side too.
Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
I do understand there are expenses incurred on the employer side too.
Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..
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GCAmigo
03-07 02:51 PM
All this would only help the child continue to stay in US with a Legal Status.. But he/she would still be a dependent(H-4) that means cannot do any part-time job & at the same time pay higher tuition fees.. whereas the DREAM Act proposes to give GC status to the children of illegal immigrants.. seems a tad too unfair for those who abide by the law!
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kode
01-03 09:34 AM
consider me in .. :bad:
like Guig0 said .. battles are fun (-:
like Guig0 said .. battles are fun (-:
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Saralayar
12-17 03:44 PM
Take a permanent job which is "same or similar" to the one in the underlying LC.
I do not have a copy of the LC which was filled in PERM. How can I know the job description, so that I can use AC21 with the same job category and description? Any way to get the copy of LC directly from USCIS if the employer don't provide the LC copy?:confused:
I do not have a copy of the LC which was filled in PERM. How can I know the job description, so that I can use AC21 with the same job category and description? Any way to get the copy of LC directly from USCIS if the employer don't provide the LC copy?:confused:
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Dhundhun
07-10 12:15 PM
Question: Why Canada is not in the list of countries?
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
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chanduv23
02-07 04:06 PM
This came in the newswire today about the challenges being faced in UK amongst the people who entered UK under the high skilled immigration program. Do do our stories in US have any similarity here?
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
Yes, I heard about them, and I know that a lot of people are moving/going to move to the US and will be flooding the h1b visa quota sooon.
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
Yes, I heard about them, and I know that a lot of people are moving/going to move to the US and will be flooding the h1b visa quota sooon.
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GCBy3000
01-04 09:56 AM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
belmontboy
05-22 02:42 PM
my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
This is free country dude, you are free to live single or get married 10 times :D
your H1 is out of status.
you can find another employer, port your PD to them. While you work for them on EAD, you can file 485 for your wife when ur dates become current again. Hope this clarifies things.
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
This is free country dude, you are free to live single or get married 10 times :D
your H1 is out of status.
you can find another employer, port your PD to them. While you work for them on EAD, you can file 485 for your wife when ur dates become current again. Hope this clarifies things.
gg10004
07-19 04:04 PM
Nothing would be done until we fight the crap
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
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