jfredr
08-02 04:52 PM
what good news is every body talking.
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ItIsNotFunny
09-23 11:25 AM
http://judiciary.house.gov/hearings/calendar.html
stirfries
03-18 09:31 PM
I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
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kamakya
05-14 11:38 AM
If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
more...
dealsnet
09-02 03:54 PM
This guy is so curious to know what item and from which store ?
Let him know your answer.
Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.
Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.
PS: Out of curiosity where was it that you were trying to shoplift?
Let him know your answer.
Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.
Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.
PS: Out of curiosity where was it that you were trying to shoplift?
goosetavo
11-13 05:43 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
more...
singhsa3
03-15 07:50 AM
Yeah, now I got it...
We should all resort to farming now !!!!
Hey check this prediction out.
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
We should all resort to farming now !!!!
Hey check this prediction out.
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
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Asian
05-31 10:48 AM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
more...
bsbawa10
08-15 09:56 AM
Why are there two "Priority Date" columns?
There is onlly one. The other ones are for the notice date and receipt dates
There is onlly one. The other ones are for the notice date and receipt dates
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gcnirvana
01-29 12:42 PM
Gururaj Deshpande - Founder of Sycamore N/w
Naveen Jain - Founder of InfoSpace
Naveen Jain - Founder of InfoSpace
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vamsi_poondla
03-21 03:03 PM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
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easygoer
04-07 04:54 PM
It is better if more memebrs write a letter to President as appointment with President on these matters may not seems possible
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desibechara
08-02 12:15 AM
depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
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lazycis
12-05 12:14 PM
Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.
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shana04
05-18 05:42 PM
C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
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watzgc
08-28 05:09 PM
Got 2 year EAD from NSC while pending i140 for more than 1 yrs.
more...
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jonty_11
07-26 02:17 PM
I think people who applied late June and early July just scraped thru before teh deluge of applications hits USCIS.....They are still getting recipt notices in 1 month......
For the rest..it may be several months.....
For the rest..it may be several months.....
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sekharan
10-13 10:47 PM
My girlfriend is an Australian citizen and I am an Indian citizen.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
4. Are not all greencards created equal?
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
4. Are not all greencards created equal?
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.
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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.
rheoretro
11-07 03:23 PM
Gcneeded,
Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.
If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!
RR
Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.
If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!
RR
vactorboy29
05-14 04:59 PM
Vactor,
Thanks, So what was your job requirement? Was that Bachelors?
Can you tell me that which education evaluator you use for that? I might can refer my lawyer to him.
I had my diploma in Mechanical engineering (3 - Years) and B.E. in mechanical engineering. My job requirements were Bachelor's Degree plus five years experience. I don�t remember evaluations agency name now but I will get that for you tomorrow.
Thanks, So what was your job requirement? Was that Bachelors?
Can you tell me that which education evaluator you use for that? I might can refer my lawyer to him.
I had my diploma in Mechanical engineering (3 - Years) and B.E. in mechanical engineering. My job requirements were Bachelor's Degree plus five years experience. I don�t remember evaluations agency name now but I will get that for you tomorrow.
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