dealsnet
01-13 03:22 PM
Just pray. Nothing can be done. If they find out, you are in trouble (cancel H1B and out). If they didn't find out, you are ok.
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canmt
10-26 11:00 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
nvmurali
06-02 07:06 PM
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
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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...
JazzByTheBay
09-07 06:52 PM
Some proposals are realistic and can be implemented. An increase in EB-visa numbers may not be that realistic at the moment, but most of the others like recapturing visa numbers lost every year (upwards of 200K), considering the primary beneficiary towards the quota, etc., as well as some interim benefits.... are all part of the proposals afaik.
Bottomline, if you understand all the issues and the efforts being made, please participate and make this a successful effort.
As they say, even God doesn't help those who don't help themselves... :)
jazz
I believe in IV and its efforts.
I understand rally will help IV to demonstrate the people support.
I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.
But can someone clarify me, what exactly IV is requesting law-makers?
1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)
2) Remove country limit (still have to 5 years)
3) Increase the EB quota?
4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.
5) Another Immigration Reform bill for legal?
Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.
Thanks
Bottomline, if you understand all the issues and the efforts being made, please participate and make this a successful effort.
As they say, even God doesn't help those who don't help themselves... :)
jazz
I believe in IV and its efforts.
I understand rally will help IV to demonstrate the people support.
I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.
But can someone clarify me, what exactly IV is requesting law-makers?
1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)
2) Remove country limit (still have to 5 years)
3) Increase the EB quota?
4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.
5) Another Immigration Reform bill for legal?
Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.
Thanks
tinamatthew
07-20 07:36 PM
Can someone post where they have stopped issuing interim EADs. I have not come across any USCIS specific website.
Thanks
I know I have read it on the USCIS website...I'll get it for you
Thanks
I know I have read it on the USCIS website...I'll get it for you
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greyhair
03-13 12:30 PM
Graham is only opposed to the dems passing Healthcare reform through reconcilliation method, which is ramming through Senate with just 51 votes without regard to any republican inputs or support. It's only that the dems are not listening to repubs suggestions on a very important piece of legislation.
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
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bobzibub
12-08 05:07 PM
I wish! :)
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We Canucks are not on the "out" list.
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We Canucks are not on the "out" list.
more...
obelix
07-27 03:53 PM
OTOH
I now work for a big IT company. As big as it can get. I had much better luck with my lawyers when I worked for startups.
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
I now work for a big IT company. As big as it can get. I had much better luck with my lawyers when I worked for startups.
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
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Jaime
09-12 03:56 PM
Just like the the department of Homeland Security has USCIS to make sure that only very few highly-skilled immigrants get visas (thus causing the USRBD), they should also have the "Agency for USRBD" to counter the damage caused by USCIS. Don't let the RBD suck you in like it threatens to suck Ranga in! Let's go make our voices heard in DC!!
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flex
10-02 06:16 PM
Why not?
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mhtanim
02-28 01:28 PM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
more...
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hmo
07-18 09:40 AM
my situation is similar to JunRN's. My RN position is with Union Contact. I got Prevailing Wage Survey in early July. By law I can only file I140 at least 30 days after sending the Union a copy of the petition, i.e., in earyly August. I also have similar concern that my PD will be in August.:mad:
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Shujaat
05-15 12:56 PM
Hi
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funny
10-08 03:46 PM
Good news....Very bold move by Indian Govt.
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dskhabra
01-06 09:42 AM
There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.
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acecupid
08-01 10:45 AM
If you look at the new features list:
A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
Simplified navigation and improved search capability.
Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
Information that is written clearly and meets the needs of our customers.
It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!
A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
Simplified navigation and improved search capability.
Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
Information that is written clearly and meets the needs of our customers.
It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!
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isthereawayout
02-22 02:22 PM
forgerator - Can you please check your PM?
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uskiwi
05-19 10:41 AM
My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.
ajay_hyd
06-21 11:45 AM
My case was approved yesterday. EB3/NSC - India - PD June 02 - RD April 04.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
mkolp
07-07 11:51 AM
Good idea
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