ozone123
07-16 09:20 PM
Just posted this reply at http://www.numbersusa.com/helpform
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
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petersebastian
04-01 01:59 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
americandesi
08-11 06:32 PM
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
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vasa
07-05 10:48 PM
Tell the employer you'll pay for the premium but include you in the company's group insurance.even a normal delivery costs can run into 10K plus the baby has additional costs etc . Did you have group insurance from a previous company?you can continuethat on cobra..its expensive though.good luck
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sanjay
02-02 12:03 PM
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
Any thoughts???
Assume:
This mean from the date this bill gets enacted, one should stay in USA for five years continuously.
It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.
What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
Any thoughts???
Assume:
This mean from the date this bill gets enacted, one should stay in USA for five years continuously.
It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.
What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?
jkmc
02-15 05:03 PM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
more...
up_guy
04-12 10:59 PM
I also have the same question "Please provide information concerning your eligibility status:", what should I provide in that text box.
Please suggest.
when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
Is that right or it should be (c)(9) or
it should be (c) (09)
Please help folks
I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...
Please suggest.
when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
Is that right or it should be (c)(9) or
it should be (c) (09)
Please help folks
I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...
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arihant
03-14 02:09 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
more...
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02-14 12:47 PM
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kaisersose
12-07 12:19 PM
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
more...
mnq1979
09-21 07:38 AM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
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GCBALAK
03-18 12:57 AM
I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
more...
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hiralal
05-13 07:06 AM
I agree with the above ..I guess they come up with visa usage statistics and that will give us an idea ..btw ..unemployment will not come down for years and because of recent swine flu ..CIR will have more opposition .. right wing republicans will call for more deportation rather than more open borders !!!
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cherylfoster
12-27 03:20 PM
USCIS will only share information about the I-140 case with the applying employer and their lawyer. I once tried to help my employer to find out if the reply to an RFE on my H1-B had been received and they refused to tell me anything. I got a copy of the I-140 from the lawyer and the original from my employer, but as someone said it was a curtesy from the employer to share it.
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sk2006
07-04 11:48 AM
Answer to original question: YES any legal resident can buy Guns in CA. There is a test to be passed at authorised Gun dealer and there is a 10 days waiting period before you can be issued a gun.
However What about learning to use the weapons? Are there places where one can learn it?
No point buying a gun when you don't know how to use.
However What about learning to use the weapons? Are there places where one can learn it?
No point buying a gun when you don't know how to use.
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sukhwinderd
08-15 12:50 PM
was it send to nebraska or texas ?
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
more...
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irrational
06-19 05:52 PM
Folks,
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
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LayoffBlog
01-27 01:32 PM
Sprint Nextel Corp. today said that it will lay off about 8,000 workers by April within “all levels” of the company.The carrier also said it will suspend the 401(k) matches for workers for 2009 and extend a freeze on annual salary increases started in 2008 through 2009. A tuition-reimbursement program was also suspended.Source: ComputerworldPosted in [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1237&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/sprint-to-lay-off-8000-by-apri/)
More... (http://layoffblog.com/2009/01/26/sprint-to-lay-off-8000-by-apri/)
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Better_Days
10-19 09:43 PM
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
tinku01
07-16 04:22 PM
Bluez,
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
gc_relief
03-06 01:25 PM
Guys this will be a good idea..If we can send a letter to Pres Obama like we did in the past..Let me know your thoughts..
