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abhikal

04-28 06:23 PM

Hi guys,
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?

Thanks for your help and replies

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hoolahoous

10-11 11:50 AM

hi ,

Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong.

anyone can sue anyone for whatever reason. However that doesn't mean they will win. Also your case seems slam dunk for you in case they decide to peruse legal options. You did NOT sign any contract with them so there is NO breach of contract. Also you can tell them that you are going to report to Prime vendor that they knowingly misrepresented you (said they employed you whereas they did not). That will make sure that Prime vendor terminates all relations with middle vendor or does not give further business to them. Max middle vendor can do is sue your employer (most probably they signed a contract which your company is breaking) but that is not your problem. Don't be afraid.

Disclaimer: I am not a lawyer. Do not take this as legal advice.

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golgappa

08-17 05:05 PM

Guys,

I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..


Description in Labor

Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager

Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.


New Job

New Job Title - Lead Application Integration Specialist

Job Description:

Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy

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Dhundhun

08-13 01:30 PM

~~ bump ~~
(IVans, got four REDs for this thread)

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HopeSprings

09-01 06:19 PM

I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

I really for your help in Advance.


Thanks,
Lotus

Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.

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anilvt

08-28 05:20 PM

got 2yr ead ...140 approved in 2006 ...i am current now ...

i don't know why they issued 2 yr ead ...but i don't have waste money on lawyers for next 2 yrs

there is no rule which they follow ....

i remember old saying rules and promises are meant to be broken ...

well crazy world and crazy us

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InTheMoment

02-20 04:05 PM

va_il,

You said you gave it on Thu and picked up on Fri. Wondering if they assured that it would be ready for a pickup on Fri at the DC embassy ?

If that is the case maybe I'll just land up there instead of mailing it.

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jayram123

07-18 07:29 AM

short visits in this case should not reset his 365 day clock. days of this short visit will just not get counted towards the 365 days.


If I was in your position, I would try getting him here immediately and then try applying for 485 ASAP so he can get his EAD. When you are so close, he doesn't need a new H1.


I would also bring him up here earlier since medical exam and all that takes some time. You may not be able to do this if you have a really short timeframe.



Good Luck!!!

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tabletpc

12-12 02:59 PM

Vallabhu :

You are wrong...!!!! No one cares your status while elaving the country . its only when you are entering they make sure everyone has proper docuemnts. Also while surrendering the I-94, it is similar to collecting movie tickets. They jsut take and keep it asside.

As of the leaving with 485 receipt, its better to leave with an AP. Aslo contact Attorney on this.


Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .

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indianabacklog

08-06 07:09 AM

My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775

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If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?

I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

I have found this point please have a look and determine if there is a chance?

VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

ALSO there is a last hope

A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?

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NyteStarNyne

11-10 10:15 PM

My two entries (hope I'm not too late!): Clockwork Kirupa (http://www.kirupa.com/forum/showthread.php?t=338568) & Kirupa Hero (http://www.kirupa.com/forum/showthread.php?t=338583)

Thanks :)

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GC4US

11-02 02:10 AM

Got Ead on Nov. 1st, please see my signature.

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snathan

04-12 07:17 PM

Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000


My question is:

1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

How can I proceed in this matter? Plz advice.

Thanks
raj131982

Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.

and see his reaction for that. Record all the conversation and email between you.

Thanks

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WaldenPond

05-25 06:59 AM

Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.

Here is the link that provides information about the talking points and phone numbers of the key Senator offices:

http://immigrationvoice.org/forum/showthread.php?t=942

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bindas74

02-05 10:54 PM

I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
Hope this helps !!
hi raj1998,

I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
do you think you have to pay $340 when you are up for renewal next year?

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Macaca

04-22 09:07 AM

Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

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 is the party desiring premium process and who will benefit from such processing, 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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Munna Bhai

01-08 03:50 PM

Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.

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rock581

07-18 05:32 AM

Thank you all for replying.

Well I will surely consult the attorney but they will be too busy now to answer some trivial questions. My attorney doesn't respond soon enough and I might have to take some decisions soon in the next couple of days.

My spouse got his visa stamped. So he is all ready. I was thinking if my spouse could come on Aug 10th get the formalities done and leave for Canada on Aug 14th and come back after cumulative 365 +4 days are over on Aug 22nd then shouldn't it work? I am guessing he should be eligible to get his H1 next year .

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punjabi

07-24 01:40 PM

Pls don't get me wrong but when your prior understanding was that You will join his company in near future, based on which he agreed to file your I-140 even if you have paid, why do you don't want to go by your word?

I know employers suck people like us here for GC, etc. but we as employees should also go by our word. If you stay on your decision to join his company now since I-140 is approved, you won't end up having complications at all.

Besides, it is give-and-take and at the most, you will have to work for a year or so with him.

Good luck.



Hi All-

I have a tricky scenario here, I need some input/guidance.

I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my I really appreciate your response in this regard.

Thanks!!

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dreamgc_real

06-18 09:52 AM

how does the eb3 to eb2 interfiling work?

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cs.0

02-13 06:32 AM

hi.

http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP

I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.

thanks,

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