tinamatthew
07-20 11:59 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
BharatPremi
11-24 12:33 PM
Also include some text which says that you were an fulltime employee (40 hrs per week)...
Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.
Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.
bheemi
08-30 12:52 PM
As per my understanding, you should not try to travel outside USA when extension application is pending. Because you will be issued with old I-94 no when you apply for extenstion. Your h1b extention approval petetion contains same I-94 no. Now if you travel before it is approved, you wil have a different I-94 issues t port of entry and it does nto amtch your I-94 which is in extension approval.
Then when you apply for green card or further extensions you will face problems because of mismathcn in I-94 nos..This is my understanding..
Then when you apply for green card or further extensions you will face problems because of mismathcn in I-94 nos..This is my understanding..
chanduv23
03-26 06:41 AM
Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
Jet is not cheap anymore, they had the prices low for sake of promotion. It is very expensive now. Emirates is cheap. Thats what I am hearing. And emirates.com offers the lowest fares.
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
Jet is not cheap anymore, they had the prices low for sake of promotion. It is very expensive now. Emirates is cheap. Thats what I am hearing. And emirates.com offers the lowest fares.
more...
texcan
02-16 12:51 PM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
optimist
03-14 09:08 AM
H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
more...
tikka
05-31 01:06 PM
Confirmation Number: 56Y67421A1299244L.
thank you
anyone else?
thank you
anyone else?
21stIcon
09-23 04:41 AM
Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.
He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments
He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments
more...
boreal
08-29 01:54 PM
I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)
gcseeker28
07-28 03:54 PM
So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
more...
walking_dude
10-23 11:03 AM
I have created this thread to communicate and track MI chapter activities on creation of eGroups to serve the needs of the MI chapter
1) Data on 10/20 meet has been compiled and documented. Minutes of the Meeting will be provided to the attendees soon through a secure eGroup (files/document section)
2) Work in progress to provide a secure, trusted E-group which provides the best features available to our community. Pilot groups have been created in Yahoo and Google to study the features, ease of use and ease of management (for the mods).
Results so far
Google
---------
Pros :
1) New.
2) Has stacked thread view similar to Gmail.
3) Ease of use (not much functionality to confuse users).
4) Supports HTML pages and also commenting on those pages. Google search available to search the threads.
5) New, hence not blocked in many offices ( esp mine :))
Cons :
1) Buggiest of the three! (I created a 'Restricted' group. None of the links are working)
2) Key features such a Polls, Database missing.
3) Limited management options.
Yahoo
---------
Pros :
1) Stable
2) Lots of management options. Powerful
3) Powerful member features - Polls, Database
Cons:
1) Old/dated
2) Text only ( unless you send E-mails externally)
3) Options could be overwhelming to a new user!
4) Blocked in many offices ( E-mails can still be received. Other features like Polls, Database need to be accessed from home)
Right now, per my experience so far - Yahoo seems the best option. Let me know your ideas.
And once we decide on a platform
1) I need 2-3 days to setup the group to meet groups needs and expectations.
2) MI meet attendees will be sent invitations to join the group.
3) Others who responded to the Meet invitation but couldn't attend will be contacted to check if they wish to join the group
4) MI chapter eGroups successfully launched!
1) Data on 10/20 meet has been compiled and documented. Minutes of the Meeting will be provided to the attendees soon through a secure eGroup (files/document section)
2) Work in progress to provide a secure, trusted E-group which provides the best features available to our community. Pilot groups have been created in Yahoo and Google to study the features, ease of use and ease of management (for the mods).
Results so far
---------
Pros :
1) New.
2) Has stacked thread view similar to Gmail.
3) Ease of use (not much functionality to confuse users).
4) Supports HTML pages and also commenting on those pages. Google search available to search the threads.
5) New, hence not blocked in many offices ( esp mine :))
Cons :
1) Buggiest of the three! (I created a 'Restricted' group. None of the links are working)
2) Key features such a Polls, Database missing.
3) Limited management options.
Yahoo
---------
Pros :
1) Stable
2) Lots of management options. Powerful
3) Powerful member features - Polls, Database
Cons:
1) Old/dated
2) Text only ( unless you send E-mails externally)
3) Options could be overwhelming to a new user!
4) Blocked in many offices ( E-mails can still be received. Other features like Polls, Database need to be accessed from home)
Right now, per my experience so far - Yahoo seems the best option. Let me know your ideas.
And once we decide on a platform
1) I need 2-3 days to setup the group to meet groups needs and expectations.
2) MI meet attendees will be sent invitations to join the group.
3) Others who responded to the Meet invitation but couldn't attend will be contacted to check if they wish to join the group
4) MI chapter eGroups successfully launched!
gceb3holder
02-27 08:09 AM
Right, the problem is: I do travel a lot and that makes a part time job difficult to find....
Other thing, the 6 months, is counted from the receipt date or the approval date?
Other thing, the 6 months, is counted from the receipt date or the approval date?
more...
Queen Josephine
April 5th, 2005, 02:10 PM
OK, following Gary's lead, I tried a facelift also. It was a slow day at work so I had lots of time to play with this. Adobe Photoshop Rescue.... :) A little sloppy in one spot that I can see, but hey, it wasn't for real!
xu1
07-28 05:44 AM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
more...
lagsam
04-10 11:20 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
rabs
04-12 06:31 AM
Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
AOS pending
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
AOS pending
more...
supers789
07-23 03:01 PM
got following from another iv thread..
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
sriramkalyan
09-14 03:57 PM
Hey Guys/ Gals
Senator CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activiites of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table
Highlights:
a) Recapture of Unused Employment-Based Immigrant Visas
b)Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
``(1) 290,000; and
c) Retaining Immigrants Who Have Been Educated in the United States
Senator CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activiites of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table
Highlights:
a) Recapture of Unused Employment-Based Immigrant Visas
b)Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
``(1) 290,000; and
c) Retaining Immigrants Who Have Been Educated in the United States
cox
June 18th, 2005, 02:47 PM
Did you see my comment on this shot in the gallery, because I said the same exact thing "ask and you shall receive". Anyway, like I said there, great shot, Anders would be proud. ;)
Great minds and all that ;) Yeah, Anders & Omar keep me working to improve my wildlife and landscapes. You, Bob, Rob, Gary and others too numerous to list here remind me thru pictures that I should shoot other things occasionally too. And Queen Josephine has finally shamed me into buying Photoshop CS2 (with the intent of learning how to use it). 'Course, now I only have to figure out how to open this box...:D
Great minds and all that ;) Yeah, Anders & Omar keep me working to improve my wildlife and landscapes. You, Bob, Rob, Gary and others too numerous to list here remind me thru pictures that I should shoot other things occasionally too. And Queen Josephine has finally shamed me into buying Photoshop CS2 (with the intent of learning how to use it). 'Course, now I only have to figure out how to open this box...:D
kiran_k02
11-28 06:09 PM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
maddipati1
08-15 12:54 PM
Great.. please contribute to DC rally in anyway you can.
Great.. update ur profile with ur contribution
Great.. update ur profile with ur contribution
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