krish2005
09-18 02:39 PM
One never knows on how CIR will encompass the legality of the undocumented.
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
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gc28262
07-31 02:14 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
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Green.Tech
06-10 10:32 PM
Keep trying to motivate folks. Not every individual has the same motivation as others and that can be due to numerous reasons but I do request folks to wake up and look at the bigger picture. Make the most of this opportunity. If not instantly, may be in future, you will definitely see the benefits of the calls that you make and the money that you contribute.
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
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Canadian_Dream
01-18 05:01 PM
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
more...
ajay
04-13 11:13 AM
Opening up an IRA account is not a big deal. There has been lot of deals going on with different brokers. I think brokers would be Vanguard/Troweprice/Etrade,etc. Now, try to set up an appointment with a consultant of the aforementioned brokers and they will be more than happy to assist you with your own choice of funds for your IRA.
Best time to switch and choose your funds.
Good luck.
Best time to switch and choose your funds.
Good luck.
rimzhim
05-26 03:15 PM
There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?6. With AC 21 gone will you be able to join new employer based on H1 receipt?
good points. I think AC21 will hold for ppl in the old system though.
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?6. With AC 21 gone will you be able to join new employer based on H1 receipt?
good points. I think AC21 will hold for ppl in the old system though.
more...
msyedy
02-05 02:26 PM
you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.
Oh Mr dexto_al read his question properly before giving your precious advise....
Oh Mr dexto_al read his question properly before giving your precious advise....
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kevinkris
04-17 08:22 PM
Even if you transferred you can still work for old company and keep on working there without joining new company.
That's what i believe. Please consult attorney for confirmation
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
That's what i believe. Please consult attorney for confirmation
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
more...
mnq1979
10-23 05:07 PM
I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
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eb3retro
10-29 10:04 AM
lazycis,
i sent you a pm..could u pls respond. thanks.
i sent you a pm..could u pls respond. thanks.
more...
priti8888
01-08 03:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
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abhisam
07-09 02:12 PM
You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.
My take is you will receive your card by the end of August at the very least. So don't worry.
Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.
My take is you will receive your card by the end of August at the very least. So don't worry.
Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.
more...
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shana04
02-01 10:44 AM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
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sunny1000
11-19 06:10 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
more...
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eb_retrogession
03-25 06:41 PM
I've sent this writer some facts and figures, and apprised him of our efforts as well. Hopefully he'll respond.
Thanks
Thanks
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chanduv23
04-21 01:44 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
more...
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FinalGC
05-01 11:05 AM
singhsa3:
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
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vxg
04-23 09:54 AM
If you subscribe on USCIS website you will get email indicating and saying like:
The following is the latest information on your case status
Receipt Number:XXXXXX (i maksed it to hide my info)
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.
National Customer Service Center (800) 375-5283.
*The projected processing time frame can be found on the receipt notice that you received from the USCIS.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
The following is the latest information on your case status
Receipt Number:XXXXXX (i maksed it to hide my info)
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.
National Customer Service Center (800) 375-5283.
*The projected processing time frame can be found on the receipt notice that you received from the USCIS.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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rajpatelemail
02-13 01:11 AM
H1B - LCA Related Issues - How can we save ourselves ???
HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
natrajs
09-05 12:11 PM
What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.
Why should I worry about it? Do you really think you can make a difference?
Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?
You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.
So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)
I may have early PD but it doesn't make GC is granted, rather than focus on �What�s in for me� please focus on common issue.
Great people had not thought about themselves, they always thought about the future.
There is old say in my country that a person who plants a tree will not be get benefited through that, but still plant it; the reason is that the person believes that the tree will give benefits to the future generations
Why should I worry about it? Do you really think you can make a difference?
Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?
You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.
So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)
I may have early PD but it doesn't make GC is granted, rather than focus on �What�s in for me� please focus on common issue.
Great people had not thought about themselves, they always thought about the future.
There is old say in my country that a person who plants a tree will not be get benefited through that, but still plant it; the reason is that the person believes that the tree will give benefits to the future generations
jvordar
04-17 11:01 PM
cool thnx guys... it has cleared my confusion...
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