sorry, i take it back..did not notice that ur case is a sub..i understand that its legal, but its just a hole in the system. no offense to you, but i am blaming the system.
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if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
This is wishful thinking. See the data for 2001-2003 when economy was not that good. We still have backlog from those years.
Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.
Marphad, Do not count on spillovers. Unless you are in EB2. Even in EB2, there will be few years of wait. If you are EB3, forget about gaining much from spillovers. Country caps, recapture, STEM exemption kind of provisions are the only hope. People need to focus on provisions rather than counting numbers, trackers and making excel sheets. It is a waste of valuable time you can use to do something constructive to alleviate the problem.
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Friend la6470, I totally understand your feelings.
However your statement "setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power." can be used against the measures requested for removing the country quota.
Today inspite of the quota we are sort of demanding or in other words saying Google(US based company) should display Diwali. If country quota is abolished many more of us will beome PR and then citizens then we will be in a better position to demand the incorporation of our cultural values/ religious values in this country and thus the cultural/religious equillibrium of this country will get effected. So they will say this is the reason that the country quota should stay.
This way your innocent statement can be used against you and us. This was my concern against these type of nor immigration and matters related to only one country/region/religion being posted in this forum.
Hope you understand me.
Isn't that a shame?
Q1: Is H4 only valid for children under 21. What happens to children who have been here for long on H4 status and turn 21?
Q2: If the answer to the first part of Q1 is YES, will the approved I140 (that included the dependent H4) be valid?
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Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
Why dont you just work for your new employer in december on voluntary basis and take the salary in Jan as a signon bonus?. This way you will have a clean record of 6 months on H1.
As per Murthy's announcement AILA finally managed to get the required number of Plaintiffs by 2:45 PM today after noon.
Still to be on the safe side shall we go ahead fill the PlainTiff form ??
what if the lawsuit is not given " CLASS ACTION " status and only Plaintiff's are benefited ?
Is there any potential advantage for AILA if they upgrade the status as CLASS ACTION - do they get any Money ??
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
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again from the same Murthy article:
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
I'll take a chance with the H1 stamping (like I have been doing for the past 6 years) if I dont get AP by end of the year. Dont want to be in a position where I cant come back if I suddenly have to travel for some reason (family emergency etc)... you cant let these things control all your actions...
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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 isthe party desiring premium process and who will benefit from such processing,9 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.
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You may be right. But with your logic all these talk about opening an SR, getting an infopass and blah blah is not right then. We have polls here on what worked....that's what i was telling it is too much of a coincidence. Opening an SR won't make a sick IO healthy and come back to work..taking an infopass won't bring a dropped out file back in the pile...talking to senators and congressman are useless anyways....
So bottomline is all this talk about what works or not is a pure guess and nothing else....USCIS has always been a black box and will always be..
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The AC21 Letter that one sends after changing a job is not a gaurantee that it is attached to your file(I-485). how do you expect to explain all that you are saying to CIS when they can't do there own work properly.
minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.
In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.
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QUOTE=EkAurAaya;1129101]Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless![/QUOTE]
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The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.
Refer to my previous posting: if employer revokes even after 180 days; eventually everyone has been ok. However there are has been many straight denials by uscis even if person invoked ac21. Then person has problems renewing ead/ap, etc. Eventually person should be ok but in between there are some problems one needs to face. One needs to be ready to face these problems/issues.
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Your attorney messed up with Labor, was sleeping from Feb 25 (Labor approved) to March 4 (129 mailed). Why is that a fault of CIS ?
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I am tracking the delays, RFE's, Infopass Information in the thread called
I am doing this because IV has asked me to do it and they want to help its members
in getting their EAD's in (70-90)days.
If you read my first post on the thread (EAD -RENEWAL-UPDATES-TRACKING-DELAYS). you will have a better picture.
I request you to enter your information on that thread so IV can get a better picture.
Thanks for your cooperation.
Remeber that if Reid decides for cloture first and after that amendment then very high chances of passing this bill in senate because Cloture needs 60 votes but passing a bill needs simple majority i.e. 51 votes ...
Core, what is our action plan, support any single amendment and by doing that support entire bill or oppose entire CIRcus?