diptam
10-16 12:38 PM
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
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english_august
02-12 08:34 AM
Yes - this is a great idea. We will raise some funds and have a lot of fun doing it. Everyone, please chime in with your suggestions on how we can implement this.
bugsbunny
05-05 01:39 AM
Hey, I have a question too
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
Even though the context of your question and intention is suspicious at best....it's actually a really good question.
Let me restate it for the benefit of others
Q. How does the red and green rating system truly work?
A. The general rule that it is directly related to how much fellow members like your post holds true but there are also some finer details. Supervisors/admins can award much higher points either positive or negative. The total number of your posts even if unrated is a factor...generally unrated posts tilt the balance towards positive...which makes sense since no one found it offensive.
So becoming green is easy when the majority of your posts help your fellow IV members.
It's really tough to stay red when you have a large number of posts cause lots of fellow members have to rate your posts negatively.
Hope this helps.
Admins can chime in here and clarify if I haven't explained it right.
It's good to have a clear explanation of policy.
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
Even though the context of your question and intention is suspicious at best....it's actually a really good question.
Let me restate it for the benefit of others
Q. How does the red and green rating system truly work?
A. The general rule that it is directly related to how much fellow members like your post holds true but there are also some finer details. Supervisors/admins can award much higher points either positive or negative. The total number of your posts even if unrated is a factor...generally unrated posts tilt the balance towards positive...which makes sense since no one found it offensive.
So becoming green is easy when the majority of your posts help your fellow IV members.
It's really tough to stay red when you have a large number of posts cause lots of fellow members have to rate your posts negatively.
Hope this helps.
Admins can chime in here and clarify if I haven't explained it right.
It's good to have a clear explanation of policy.
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gk_2000
05-05 12:42 AM
Because you are a hypocrite.
MC
That's neither helpful nor accurate. And you can help by not trying to get into any real debates. I will invite you when there is a name-calling party on. Promise.
MC
That's neither helpful nor accurate. And you can help by not trying to get into any real debates. I will invite you when there is a name-calling party on. Promise.
more...
Canadianindian
02-10 06:39 PM
I have a question regarding use of EAD and living in Canada
My scenario
Currrently, I work on H1-B and am living in Canada (I cross US-Canada border everyday)
I am also a Canadian Citizen and used that to cross border everyday. So, far I never used the EAD
I recently got laid off, and planing on using my EAD for my next employment.
Questions
Once I start using the EAD, can I still live in Canada and work in US.
Is it necessary to live in US if one starts using EAD?
My scenario
Currrently, I work on H1-B and am living in Canada (I cross US-Canada border everyday)
I am also a Canadian Citizen and used that to cross border everyday. So, far I never used the EAD
I recently got laid off, and planing on using my EAD for my next employment.
Questions
Once I start using the EAD, can I still live in Canada and work in US.
Is it necessary to live in US if one starts using EAD?
pansworld
07-15 05:01 PM
Compile a list of famous immigrants like Albert Einstien, Madelene Albright, Henry Kissinger. Add to that the list of doctors, scientists who were immigrants and benefited mankind. Change the mental image of the immigrant as a low wage seeking, will work for food worker.
Bring out the other side of the story. Let Lou Dobbs fight history and deny it.
Bring out the other side of the story. Let Lou Dobbs fight history and deny it.
more...
keshtwo
07-13 05:03 PM
one GC for each family (3 or 4) members, instead of treating as multiple GC's.
say for a family of 4 uscis is treating it as 4 GC instead they can treat this as a single GC. which will make many people eligible for GC
yo man, that will be something! In your mouth, ghee-sugar - ancient indian saying!
say for a family of 4 uscis is treating it as 4 GC instead they can treat this as a single GC. which will make many people eligible for GC
yo man, that will be something! In your mouth, ghee-sugar - ancient indian saying!
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lotsofspace
01-18 12:15 PM
My point of view: Recession or No Recession - If u r strong enough and a needed resource, therez no way they r gonna lay u off --- Again just my POV.
If push comes to shove, it does not really matter how strong you are. I survived the 2K to 2K3, but have seen many smart people suffer.
If push comes to shove, it does not really matter how strong you are. I survived the 2K to 2K3, but have seen many smart people suffer.
more...
sundarpn
09-19 12:35 AM
Just got back (I am from NC, went by Bus from RTP).
Attending the Rally felt really good. We are legal and we should have spoken up long ago!
IV effots and organization was great!
It was seriously expecting more people though. That was really sad ! So many banners & signboard... but not that many people. :mad:
I doubt if the count was greater than 1500...
Attending the Rally felt really good. We are legal and we should have spoken up long ago!
IV effots and organization was great!
It was seriously expecting more people though. That was really sad ! So many banners & signboard... but not that many people. :mad:
I doubt if the count was greater than 1500...
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number30
10-15 02:57 AM
What is your priority date? If it is current apply for CP immidiatly. It is quick. Student visa is illigal with the intent you have.
more...
skodu
07-19 05:02 PM
Most of the problems will be resolved after making legislation on the 2 options which can be easily done.
1. Remove 7% per country cap and come with more scientific number based on the H1B approvals since 2000 to get more weight to India, China, Philippines and Mexico.
2. Throw the unused numbers wide open at the end of Fiscal year based on Priority Dates. No country cap in this case.
3. Keep one Visa number per family. This one is tough to get pass through House and Senate.
The first 2 options are more feasible and can be done quietly without much political and public confrontation.
1. Remove 7% per country cap and come with more scientific number based on the H1B approvals since 2000 to get more weight to India, China, Philippines and Mexico.
2. Throw the unused numbers wide open at the end of Fiscal year based on Priority Dates. No country cap in this case.
3. Keep one Visa number per family. This one is tough to get pass through House and Senate.
The first 2 options are more feasible and can be done quietly without much political and public confrontation.
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bharani
10-02 10:57 AM
IMHO If you have money save it for future payments(atleast a year's payments). If you lose job, this money will help make your payments.
more...
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niklshah
11-23 11:31 PM
some one gave me red and said that " where were u when all the EB2 guys were united together against EB3" my answer is that moron EB2 guys were wrong too they were jumping when bulletin moved forward in their favour, now see the bulletin every one is there where they were before... so we have to be united in all the situation and fight for retrogession
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va_labor2002
06-22 03:29 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Any comments from IV Core Team ? Can we contact Indian Ambassador to arrange a meeting with the minister ? is it possible ?
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Any comments from IV Core Team ? Can we contact Indian Ambassador to arrange a meeting with the minister ? is it possible ?
more...
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go2roomshare
01-03 05:13 PM
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
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ksurjan
02-22 09:35 AM
http://www.washingtontimes.com/national/20070222-121742-6247r.htm
more...
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raghav0
11-22 08:58 AM
I agree with the majority of the posts here that talk about bickering and infighting that we have as opposed to remaining focused on our common goal. Just because someone had a bright spark that people with Masters should get Green Cards, is the USCIS going to honor that and change the rules to benefit us? I think we need to remain patient and focused on the job at hand. i.e - supporting the IV front liners and having a single voice which boldly and clearly talks of expediting the green card process. If we are not going to to act in unison, we are the biggest losers!
FYI - I have been in the country long enough and have gone through the pain of bungling lawyers and unresponsive management..so its not that I choose to be +ve since I haven't had any bad experience with this process!!
FYI - I have been in the country long enough and have gone through the pain of bungling lawyers and unresponsive management..so its not that I choose to be +ve since I haven't had any bad experience with this process!!
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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.
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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zCool
12-02 11:07 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
There was an article @ immigration-law on it.. and then some subsequent discussion on IV..
http://immigrationvoice.org/forum/showthread.php?t=22242
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
There was an article @ immigration-law on it.. and then some subsequent discussion on IV..
http://immigrationvoice.org/forum/showthread.php?t=22242
iviviv
10-09 01:06 PM
No wonder Congress is not acting on any retrogession reform legislaiton because of only 100,000 backlogged cases. It would probably millions of cases before they took action.
Hope, they do take action!!!!
Hope, they do take action!!!!
whiteStallion
01-18 02:16 PM
Things are getting worse in 2010... I hoped it would get better...