lazycis
01-15 10:48 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
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my2cents
10-12 03:41 PM
There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.
As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.
it's all about how your solid documentation about your extended vacation.
As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.
it's all about how your solid documentation about your extended vacation.
kinoos
04-17 09:14 AM
@softcrowd - i understand that they will understand the situation.. but is it possible that we can change the I94 date before we get out of US and do not want to carry any screenshots when travelling next time.
@mmk123 - Please do let me know what you are doing in this situation. I am stuck in almost in the same situation.. how the I 94 date is on the 21st.. i have already re-booked my tickets for the 21st.... and with the situation this might also cancell.
@mmk123 - Please do let me know what you are doing in this situation. I am stuck in almost in the same situation.. how the I 94 date is on the 21st.. i have already re-booked my tickets for the 21st.... and with the situation this might also cancell.
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xela
11-20 09:10 AM
[QUOTE=PavanV;1128388] That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
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txh1b
04-15 06:31 PM
My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
nixone
08-21 10:21 PM
Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.
One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.
One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.
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desighee
06-19 10:22 AM
if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Print
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
wife is a bug that can't be debugged no matter what's the fix
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Tags: Economy, Housing, Housing Crisis
Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.
Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.
"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com
But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.
"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."
wife is a bug that can't be debugged no matter what's the fix
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DDD
11-07 03:58 PM
Instead of a ps7 section...I think we could do a imaging section or something generic....Because I know some cool tricks with fireworks mx and PSP7........Do people still use paint shop pro....I know i do
Oh mdipi if you use this technique....I would blur the image allot higher than you did in your example....Because I can tell it is a sunset.....unless that is what you wanted. It works better when u cannot tell what it was.:cowboy:
Oh mdipi if you use this technique....I would blur the image allot higher than you did in your example....Because I can tell it is a sunset.....unless that is what you wanted. It works better when u cannot tell what it was.:cowboy:
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i99
09-07 06:21 PM
For those who follow this thread. As of yesterday, reciepts started to come to people whose packages were received by R Williams. :D(ours not here yet...:()
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Student with no hopes
04-29 08:57 AM
Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)
Well, he has one now (or at least some sort of frame work)
http://immigrationvoice.org/media/SenateDraftProposal.pdf
Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!
Well, he has one now (or at least some sort of frame work)
http://immigrationvoice.org/media/SenateDraftProposal.pdf
Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!
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GLIX
02-23 07:37 AM
so how long did it take for them to approve your 485 from the time you had your fingerprinting done.
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niklshah
11-11 11:26 AM
i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.
hope this helps
good luck
hope this helps
good luck
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LONGGCQUE
07-27 10:53 AM
jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.
1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.
2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.
These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.
Good luck
1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.
2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.
These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.
Good luck
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cris
01-09 07:33 AM
I wish both of them good luck to get visa stamp. it will be tough taking into consideration there is indian invasion in US. there are a lot of indians here in US on legal status,but a considerable precentage of indians coming here on visitor visa and stay illegally after I94 expired and trying to convert "visitor" visa to something else.
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abhijitp
08-02 04:42 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
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ssterian01
07-02 12:18 PM
Hi All,
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
more...
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roseball
04-29 03:13 PM
No, you cannot show that period as experience. Moreover, by doing so you will be saying that you have been working during that period which would be illegal while on H4.
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gauravsh
03-28 12:26 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
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isthereawayout
02-22 12:42 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
waitingGC
05-30 02:45 PM
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
indyanguy
01-28 09:10 AM
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
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