Sunday, June 12, 2011

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  • pd_recapturing
    03-10 08:59 AM
    How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.





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  • chunky
    07-26 03:14 PM
    Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure





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  • bkn96
    02-18 02:09 PM
    oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

    so, this is real cool... thanks for sharing your info...

    My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.





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  • som_yad
    08-15 05:12 PM
    Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?



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  • gcnirvana
    01-17 12:33 PM
    Hello,

    To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

    slc_ut

    You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.

    By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
    http://www.irs.gov/individuals/article/0,,id=96287,00.html

    hope this helps,
    GCNirvana





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  • Winner
    05-16 09:56 AM
    Left voice mails



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  • pitha
    02-24 11:27 AM
    People on H4 cannot get any sort of tution waiver like F1 guys can get with TA or RA





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  • vxb2004
    10-25 08:42 PM
    USCIS is well behind updating the status online. My AP says "Pending", but I received an approval note from my attorney.



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  • eb3retro
    04-01 09:12 AM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congrats greenguru. enjoy. i am still waiting to see one eb3 485 approval atleast and am yet to see one atleast for the past 2-3 years..even PD back to 2001. i didnt see a single approval in eb3 category for india.





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  • senthil1
    11-17 03:12 PM
    Yes it is true. I remember companies like Cisco did not file for a few years from 2001 after they were doing layoffs because of the restriction by DOL. Then they restarted after 2004

    It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.



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  • kondur_007
    08-24 10:23 PM
    I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
    And yes, there is a rule about this that they came up with since past few months (?about a year now..)
    I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
    Good Luck.

    (Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).





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  • raysaikat
    01-19 04:23 PM
    My wife's co. provides health insurance for both of us. We are both on H1-B.

    If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.

    If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.

    Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?

    In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.

    Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.

    Read fine prints very carefully.



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  • scorpioduo
    04-16 04:39 PM
    What is an "MTR"?

    MTR=Motion To Reopen the case





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  • santb1975
    03-09 11:06 PM
    I talked to attorney Murthy about this issue a few weeks ago. My 140 was approved July 2007. The salary I currently make 485 is 10K less than the salary mentioned on my Labor. I work for a speciality Pharma company with steady revenues. They are a public company as well. Two years ago my company Attorney(Fragomen) and my HR said that should not be a problem since GC is for a future position etc. When I checked with Attorney Murthy she said that is true but if you get a strict immigration officer he can say that the prevailing wage determination for your job was done two years ago and you are still not making that money. She said it is better to make the $$ mentioned on my labor now. I am going to ask my company attorney the same question and see what he says. I have a lot of respect for my company's attorney



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  • kamal
    08-04 02:27 PM
    Hi,

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?

    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?

    3. If so how would I approach from here?

    4. Has anybody similar experiences with their employers?

    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?

    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).





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  • deecha
    07-16 01:25 PM
    Hello,

    I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

    That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

    Thanks for going through my post.

    This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.

    In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.

    One more thing, I would highly appreciate it if you could post your findings in this thread/forum.



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  • lazycis
    10-04 12:55 PM
    Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?

    Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
    http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606





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  • cheg
    07-26 01:49 AM
    I think you should read this thread to help you understand what EAD does for you and your spouse.

    http://immigrationvoice.org/forum/sh...ad.php?t=10817

    Now for your second question, if you're I-140 gets rejected then your I-485 will be rejected too. The approved EAD will be discontinued if you switched from H1 to EAD and you will no longer be legal in the US. If you think you're I-485 is not a strong case it's bettter to stay on H1 and not use EAD even if they issue you one. Good luck! Hope I was able to answer your question. :)





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  • wandmaker
    09-18 07:07 AM
    I paid the money to my company who has applied for my H1B.

    Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009.

    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th.

    ......had nicely and smartly enjoyed everyones money and are free without any problems. Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail.

    3 x $3,500 = $10,500 is easy money! As long as there are people like you ready to pay for their H1Bs; these companies will continue make money out of you. First, You should stop paying them! Second, file a complaint with USCIS about this company!!





    gxr
    09-26 02:12 PM
    Got EAD approved on 09/25. Filed on 07/03, RN is 09/11. - NSC, 140 still pending.





    SNLive999
    06-05 06:20 PM
    Can someone please respond to my question. Thanks.



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