Sunday, June 12, 2011

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  • yabadaba
    04-09 09:43 PM
    So what is the roler of a broker/ real estate agent for a buyer.

    If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.

    Thanks

    you can get deals from places like forsalebyowner/fsbo/iggyshouse/inest

    they all provide some cash back up on a listing.





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  • txuser
    03-11 09:39 AM
    For me, it took around 1.5 months to receive the L2 approval notice. I filed online on 11/17/2009, mailed the hard copies of the documents (USPS Priority with delivery confirmation) the same day and received the L2 approval notice on 01/08/2010.

    You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).

    I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.





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  • waiting4gc02
    11-16 08:28 AM
    Normally,

    1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
    2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
    3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.

    They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.

    god bless.

    KP


    I do not have any bond signed with the Consulting Company about NOT joining the client. Also I have been with the COnsulting company for 8 years and have good relations, so I am hoping they should be OK.

    One more question I have is, am i obligated to join the Consulting company after I get my GC, if I were to leave them after 180 days of filing.

    Thanks and good luck.





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  • rick_rajvanshi
    12-07 12:06 PM
    I won't worry about this at all as they have addressed this situation few weeks back here :

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.




    Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW



    We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.



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  • rnanchal
    12-09 01:27 PM
    Time for the infighting, squabling, derogatory remarks and narrow mindedness to reach new heights





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  • ndbhatt
    11-08 01:57 PM
    You are counting one visa per person in EB3. Remember that applicant's family members too take away visas from these numbers. On an average it is considered as 2.5 visas per primary applicant.
    Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.



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  • Earned_GC
    08-03 06:35 AM
    This is an interesting question and I would like to see the answer on this.

    What happens to these people who can not file AOS in the current time, and change there job based on I-140.





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  • billbuff123
    10-24 12:12 PM
    Hi,

    I am in the same situation.

    I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.

    my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.

    please let me know if we need to do any thing.. IS there any other way that I can add her or apply 485.

    Just waiting for the dates to come

    Thanks,



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  • gjoe
    02-04 04:36 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport





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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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  • mambarg
    07-19 11:59 PM
    Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
    Has anyone ever filed with e-approval email printout as initial evidence ?

    Thanks





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  • LostInGCProcess
    09-02 11:15 AM
    as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
    OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
    Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
    If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
    you might want to double check this info from valid source :)

    By far the best response to the question posted. I gave you a green. :)



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  • DSLStart
    03-11 11:50 AM
    I have no issues with SBI, transferred last month.....always the best for me in terms of every thing......

    tyr logging into your account and see if you get that message now.





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  • Aah_GC
    07-08 03:06 PM
    Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..



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  • hebron
    06-22 02:01 PM
    Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.

    It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?

    Thanks

    HI latbsol, Just curious, did you file EB2 with the same employer?





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  • hopelessGC
    04-28 11:13 AM
    The same thing happened to my wife's I-129 petition on 4/26. Don't know what it is for.

    My wife quit her H-1 job in 2007 and moved to EAD/I-485 status as a dependent.



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  • purgan
    12-08 03:47 PM
    Mike Huckabee is fast emerging as the leading Republican Presidential Candidate, and has a commanding lead in Iowa.

    While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.


    http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
    Modernize the Process of Legal Immigration:
    Increase visas for highly-skilled and highly-educated applicants.
    Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.

    Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
    http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=

    The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!





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  • gcfriend65
    12-07 03:12 PM
    If your wife has gotten fp notice, then try to go along with her on the scheduled date and time, they could take yours too, provided you get the notice before the day on which her fp is scheduled.
    its so weird, Oh USCIS have mercy on us. go IV





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  • gc_chahiye
    11-29 05:21 PM
    I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".

    Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.

    sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy (http://en.wikipedia.org/wiki/Murphy's_law).
    Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)

    Also, depends on what the RFE is:
    * if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
    * If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
    * If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.

    If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...





    tpcool
    05-31 10:21 PM
    Thanks, this helps.

    It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.





    newuser
    05-14 10:26 AM
    If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps

    Did you make an appointment?



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