sach222
11-30 10:58 AM
I have the exact same scenario :(
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ags123
02-10 06:28 PM
The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
wandmaker
04-28 08:50 AM
what if they are both used in the same sentence for the same case like they did for OP ? :)
My best guess is :D
pre-adjudicated under review = it is not over yet :)
My best guess is :D
pre-adjudicated under review = it is not over yet :)
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ras
10-25 09:58 PM
Situation :
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
more...
BharatPremi
11-06 07:50 PM
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hibworker
12-17 02:23 PM
There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.
more...
man-woman-and-gc
01-18 01:15 PM
The USCIS procedures do not follow any logic....all of you need to join the Letter Campaign started by IV if you have not already.
That is the only ray of hope that I can see for now.
That is the only ray of hope that I can see for now.
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snowshoe
12-20 01:28 PM
I enjoy both the shows very much and lately many other shows have started acknowledging their popularity (for example, CNBC's Kudlow takes pride whenever he is covered in their shows).
Stephan Colbert has a pretty inter-active website: http://www.colbertnation.com/
I think we need to be pretty careful in the way we approach him, because he seems to be highly opinionated and passionate about things he cares for and at the same time he will go lengths to screw someone/something that he does not like/believe in. So I think IV core/media relations team should do their due diligence before contacting him.
If he agrees to cover our situation it will help us a lot. Great idea OP.
Stephan Colbert has a pretty inter-active website: http://www.colbertnation.com/
I think we need to be pretty careful in the way we approach him, because he seems to be highly opinionated and passionate about things he cares for and at the same time he will go lengths to screw someone/something that he does not like/believe in. So I think IV core/media relations team should do their due diligence before contacting him.
If he agrees to cover our situation it will help us a lot. Great idea OP.
more...
kaisersose
07-17 10:44 PM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
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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.
more...
chanduv23
11-20 08:57 PM
^^^^^^^^^^
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sunny1000
09-26 06:20 PM
I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
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gccovet
04-01 01:25 PM
Please update your profile.
GCCovet
GCCovet
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logiclife
10-18 06:00 PM
And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.
more...
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santa123
06-07 05:43 PM
At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
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franklin
03-24 01:00 AM
In prep for the conference call, I suggest everyone read the documents prepared by Varsha and Sanjay (varsha@immigrationvoice.org sanjay@immigrationvoice.org) so that we know how to present our united case and make a memorable impression.
You can either email them, or PM me, and I can forward the docs, so we can read and inwardly digest!
The lawmakers I believe we need to talk to are:-
House Representative: Nancy Pelosi
Senators: Barbara Boxer
Dianne Feinstein
You can either email them, or PM me, and I can forward the docs, so we can read and inwardly digest!
The lawmakers I believe we need to talk to are:-
House Representative: Nancy Pelosi
Senators: Barbara Boxer
Dianne Feinstein
more...
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KabAyegaMeraGc
10-22 04:31 PM
I was eligible for EB-2 but as company wouldn't file any case in EB-2.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
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waitingGC
03-09 08:50 AM
The OVERFLOW from EB1 and EB2 is directly going to EB3!
Yes, however, i think the overflow from EB1 and EB2 goes to EB3 from other countries than Indian or China.
Yes, however, i think the overflow from EB1 and EB2 goes to EB3 from other countries than Indian or China.
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logiclife
05-03 05:00 PM
Sadly Immigration voice is giving importance to the � number of posts� rather than �number of valuable posts� .
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
gee_see
04-15 10:16 AM
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
gc_peshwa
03-10 05:05 PM
Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)
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