sammyb
11-19 04:35 PM
Thanks you, Wish you all hte best and Good Bye.
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
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glus
01-25 08:10 AM
[QUOTE=macaca]USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
I
I
cherryred50
04-10 11:55 AM
Hi I am really grateful to you all for responding to my problem. I have attached the agreement for your reference.
To Zcool,
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
To Zcool,
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
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kshitijnt
06-04 02:55 AM
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
Well he got his GC. Dont be jealous.
Congrats !
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
Well he got his GC. Dont be jealous.
Congrats !
more...
DSLStart
03-16 03:38 PM
Quite informative. Thanks for posting.
http://imminfo.com/Newsletter/2009-3/2009-03.html
Please ignore if previously posted.
http://imminfo.com/Newsletter/2009-3/2009-03.html
Please ignore if previously posted.
dewdrop
07-20 09:42 AM
Thanks brb2 for picking up on my concern.I was afraid,not a single person would reply.This problem is going to be as bad as the BEC one if nothing gets done about it.Its so unfair and there are soooooooooo many people stuck at that stage with no hope of even knowing their status,until its actually approved or denied.Cant even imagine how frustrating that is going to be.Yet somehow not many seem worried about it.Even though i am not at that stage yet,its painful to see my friends go through it.They have resigned themselves to wait endlessly.If we can fight against the unfairness of the july flip flop,we can surely do something about this.I am sure core group has this in mind but it'll help if all members show the same anxiety!!Maybe we can bring this up along with the SKILL bill.Maybe the FBI needs more funds or manpower,watever it is,let them ask for it and get it,instead of stuffing us all into this bottomless pit!!
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payur
07-10 09:50 PM
Following intresting info is listed on the immigration-law, wish it is true :)
"There has been going around a rumor lately that the USCIS was internally discussing retreat from the 485 rejection decision. It appears that this rumor probably started from the USCIS HQ order over the Texas Service Center to hold all the July 2007 EB-485 applications abeyanbce and not to return the applications to applicants. Unconfirmed sources indicate that because of the order, the Texas Service Center is not returning the EB-485 applications which have been received since July 2, 2007. However, there is no evidence that the decision is necessarily related to its potential decision to withdraw the rejection decision. At this point, its reasons are completion unknown. Please stay tuned. "
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
"There has been going around a rumor lately that the USCIS was internally discussing retreat from the 485 rejection decision. It appears that this rumor probably started from the USCIS HQ order over the Texas Service Center to hold all the July 2007 EB-485 applications abeyanbce and not to return the applications to applicants. Unconfirmed sources indicate that because of the order, the Texas Service Center is not returning the EB-485 applications which have been received since July 2, 2007. However, there is no evidence that the decision is necessarily related to its potential decision to withdraw the rejection decision. At this point, its reasons are completion unknown. Please stay tuned. "
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
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blue_line
03-02 01:06 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
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gc_maine2
05-15 08:44 AM
apahilaj,
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Just a quick update
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Just a quick update
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
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TheOmbudsman
08-29 10:17 PM
Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.
Good find retropain
It seems this is one of the last and only hearings that concerns high skiiled immigrants. Most of the hearings have been focussed on undocumented immigrants and border security. Any members in this area and available on August 31?
Good find retropain
It seems this is one of the last and only hearings that concerns high skiiled immigrants. Most of the hearings have been focussed on undocumented immigrants and border security. Any members in this area and available on August 31?
more...
bhavinkanani
10-12 10:08 AM
Hi
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
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mambarg
09-16 01:43 PM
EAD and AP is good, but we need to see FP notice which shows 485 has started processing.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
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cool_desi_gc
04-28 07:09 PM
http://www.flcdatacenter.com/
Query for your company name and based on your priority date, you can get info about the job code etc.I had the same situation wher my employer did not share that info and i found out frm this one.
Query for your company name and based on your priority date, you can get info about the job code etc.I had the same situation wher my employer did not share that info and i found out frm this one.
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ash_2005
09-25 02:25 AM
Had applied on July 19th , receipt date of July 20th.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
I have a similar issue. Although my app reached on July 2, 2007, the "receipt date" on my notice shows "Aug 3, 2007" and the notice date shows "Sep 12, 2007". So, in my case too, they've not honored my original receipt date. Did you manage to get your's corrected on the receipt notice, or not worth the time/effort?
Appreciate your inputs.
I never received any receipt notice and today I received transfer notice
WAC....
Receipt date Sep 14th 2007
Notice Date Sep 17th 2007.
Does it mean I lost the original receipt date of July 20th which should have been ideally my receipt date.
I have a similar issue. Although my app reached on July 2, 2007, the "receipt date" on my notice shows "Aug 3, 2007" and the notice date shows "Sep 12, 2007". So, in my case too, they've not honored my original receipt date. Did you manage to get your's corrected on the receipt notice, or not worth the time/effort?
Appreciate your inputs.
more...
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learning01
05-26 07:35 AM
"This is truly landmark legislation produced by a big-league team," said Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee that wrote the legislation.
"The next step is going to be the conference (with the House) and I believe we can do it," Specter said. "We're going to work as hard to get a bill to the president's desk as we did to get a bill passed today. And I predict success."
LINK (http://www.mercurynews.com/mld/mercurynews/news/politics/14669011.htm)
"The next step is going to be the conference (with the House) and I believe we can do it," Specter said. "We're going to work as hard to get a bill to the president's desk as we did to get a bill passed today. And I predict success."
LINK (http://www.mercurynews.com/mld/mercurynews/news/politics/14669011.htm)
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a_yaja
09-10 11:24 PM
I don't know much about Canada PR, but the 2nd option sounds good to me. Make sure your new employer is willing to give you a Joining Letter with the similar job responsibilities, job title, etc upon which your 485 is based.
Good Luck.
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
Good Luck.
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
more...
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GCA
01-07 02:15 PM
Filing seperately is probably not a good option. Since spouse on ITIN, means no income. Given this, the amount you loose on deductions for single will morethan offset the $600 you get.
So one should file joint, and wait for SSN and claim the rebates. I think you can claim the rebates anytime within 3 years. Just sharing what I read in other related threads before and made sense to me.
All said, I still don't know why they ask SSN. Some say for better disbursement of funds etc. But that doesn't make any sense to me. They always make life harder for aliens. Probably they couldn't find a solid excuse to deny rebates to H1B-SSN's. Otherwise this would have been a bigger curse. Most of us got lucky, or they just felt spouses with SSN more likely either both working or primary contributed taxes for many years, so its okay to give back some. whatever reasons behind it..
So one should file joint, and wait for SSN and claim the rebates. I think you can claim the rebates anytime within 3 years. Just sharing what I read in other related threads before and made sense to me.
All said, I still don't know why they ask SSN. Some say for better disbursement of funds etc. But that doesn't make any sense to me. They always make life harder for aliens. Probably they couldn't find a solid excuse to deny rebates to H1B-SSN's. Otherwise this would have been a bigger curse. Most of us got lucky, or they just felt spouses with SSN more likely either both working or primary contributed taxes for many years, so its okay to give back some. whatever reasons behind it..
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pappu
06-20 11:39 AM
jansilal...ltnc!!!! how r u?
How are you Yabadaba?
We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.
How are you Yabadaba?
We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.
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Pagal
02-24 08:48 PM
Hello,
In all the stories of INS, USCIS, DHS that I've read here, the lack of visibility, customer service and accountability seem to be the common theme.
However, I was pleasantly surprized by a call from IO a few weeks back in local office asking me for extra documents (Current employment letter as the original one was from 2007, 2007 tax returns and 2007/08 W-2).
He told me that though he had sent a letter, the letter would take a few days to reach and hence he wanted to call me up. He also told me that as my original fingerprints are expiring on 26th Feb, I should send the response as soon as possible to enable him to process the application.
Though I still don't have any extra hope that the application will be processed soon, it was nice to see a change in USCIS approach.
Hope this was not an exception to rule and we see more such behavior from USCIS that helps in clearing us from this awkward limbo situation.
In all the stories of INS, USCIS, DHS that I've read here, the lack of visibility, customer service and accountability seem to be the common theme.
However, I was pleasantly surprized by a call from IO a few weeks back in local office asking me for extra documents (Current employment letter as the original one was from 2007, 2007 tax returns and 2007/08 W-2).
He told me that though he had sent a letter, the letter would take a few days to reach and hence he wanted to call me up. He also told me that as my original fingerprints are expiring on 26th Feb, I should send the response as soon as possible to enable him to process the application.
Though I still don't have any extra hope that the application will be processed soon, it was nice to see a change in USCIS approach.
Hope this was not an exception to rule and we see more such behavior from USCIS that helps in clearing us from this awkward limbo situation.
sodh
07-12 04:29 PM
I do not have knowledge of that you can convert your H1-B application to PP after you get a RFE. But as far as I know that if your application is pending you are safe, in the mean time why don't you find a new employer and transfer your H1-B to the new Enployer.
sledge_hammer
03-02 04:00 PM
If you guys don't mind I am opening this thread.
I am just trying to find out the average Lawyer Fee and Cost of GC (including Labor, I-140, 485, AP, EAD etc)
So far I have paid 8K to Lawyer and USCIS.
PERM: $1400 (case approved)
I-140: $1200 (case approved)
I-485: $1200 for primary applicant, $750 spouse, $500 per child
My company paid for H-1B and GC
I am just trying to find out the average Lawyer Fee and Cost of GC (including Labor, I-140, 485, AP, EAD etc)
So far I have paid 8K to Lawyer and USCIS.
PERM: $1400 (case approved)
I-140: $1200 (case approved)
I-485: $1200 for primary applicant, $750 spouse, $500 per child
My company paid for H-1B and GC