Has anyone sent I-120 application to USCIS to get their I-94 extended?
What would be the basis for them to give extneded or issue a new I-94.
Should i send the copy of my passport with the visa stamping in it?
What would be the basis for them to give extneded or issue a new I-94.
Should i send the copy of my passport with the visa stamping in it?
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thanks for ur input all senoir members .I'll keep u posted when i get notice from CIS .I think MTR nad joining another employer may be my best option .
Thanks for ur input all senior members .
Thanks for ur input all senior members .
At some point after the July Fiasco, we will have to merge and consolidate the Lou Dobbs sensation.
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Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
^^^^^bump^^^^
Some good news..if it infact becomes a reality...
Sorry guys ..posting in the wrong forumn so that maximum IV members can be aware of the development...
Another Indo-US deal moves forward: Indian workers can get Social Security money back
Vikas Dhoot
Posted online: Tuesday, July 08, 2008 at 0037 hrs IST
New Delhi, July 7
With Prime Minister Manmohan Singh�s government finally moving forward on the Indo-US nuclear deal, the Bush administration is also demonstrating its keenness to resolve other crucial bilateral issues in India�s interest. A long-standing Indian demand for a social security pact that allows Indian workers stationed in the US to bring back their contributions to the US Social Security system on their return to India, is close to being met.
Over $1 billion of contributions to the US Social Security Fund are made annually by an estimated 80,000 �detached workers� from India working on consultancy and onsite assignments � each one has to contribute at the rate of 15% of basic salary. However, when they return to India, these contributions are forfeited as the minimum period to qualify for pension benefits in the US is 10 years (the same is true of India as well).
After a series of meetings between Indian officials and the US Social Security Administration as well as a senior White House official in Washington last week, Indian workers� annual donations to the US social security fund � which currently has a $4.1 trillion deficit � may finally come to an end.
�We are close to sealing the pact. Indian workers who spend three years in the US would get a refund of their contributions to the US pension system. Moreover, the pension will also be portable � once a worker completes the qualifying period of 10 years, the pension will be payable in either country,� a senior government official said.
The US has such �social security totalisation� pacts with 22 countries, whereby workers who spend three years in the US hold on to their pension benefits as the 10-year qualifying period takes into account the time spent by workers in their original country�s pension system. India has recently signed such deals with Belgium and Germany.
�If both US and India have bilaterals with a third country, the totalisation and portability principles will apply in those cases as well. So a worker could spend 4 years in India, 3 years in US and 3 years elsewhere, without losing retirement funds,� the official added. Bilateral talks on the issue had intensified after Singh and Bush issued the joint statement on July 18, 2005 to move towards a new strategic relationship. Last December, the US Social Security Secretary visited New Delhi, but little progress was made. Under Section 233 of US social security laws, international agreements may only be arrived at with countries with a �generally applicable� social insurance or pension system.
Between December 2007 and now, India has made some progress on this front which it convinced the US administration about. The Unorganised Sector Workers� Social Security Bill has been introduced in Parliament as well as reviewed by a standing committee. The Rashtriya Swasthya Bima Yojana has also been kicked off.
�It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,� the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund�s flows.
Source: http://www.indianexpress.com/story/332763.html
Sorry guys ..posting in the wrong forumn so that maximum IV members can be aware of the development...
Another Indo-US deal moves forward: Indian workers can get Social Security money back
Vikas Dhoot
Posted online: Tuesday, July 08, 2008 at 0037 hrs IST
New Delhi, July 7
With Prime Minister Manmohan Singh�s government finally moving forward on the Indo-US nuclear deal, the Bush administration is also demonstrating its keenness to resolve other crucial bilateral issues in India�s interest. A long-standing Indian demand for a social security pact that allows Indian workers stationed in the US to bring back their contributions to the US Social Security system on their return to India, is close to being met.
Over $1 billion of contributions to the US Social Security Fund are made annually by an estimated 80,000 �detached workers� from India working on consultancy and onsite assignments � each one has to contribute at the rate of 15% of basic salary. However, when they return to India, these contributions are forfeited as the minimum period to qualify for pension benefits in the US is 10 years (the same is true of India as well).
After a series of meetings between Indian officials and the US Social Security Administration as well as a senior White House official in Washington last week, Indian workers� annual donations to the US social security fund � which currently has a $4.1 trillion deficit � may finally come to an end.
�We are close to sealing the pact. Indian workers who spend three years in the US would get a refund of their contributions to the US pension system. Moreover, the pension will also be portable � once a worker completes the qualifying period of 10 years, the pension will be payable in either country,� a senior government official said.
The US has such �social security totalisation� pacts with 22 countries, whereby workers who spend three years in the US hold on to their pension benefits as the 10-year qualifying period takes into account the time spent by workers in their original country�s pension system. India has recently signed such deals with Belgium and Germany.
�If both US and India have bilaterals with a third country, the totalisation and portability principles will apply in those cases as well. So a worker could spend 4 years in India, 3 years in US and 3 years elsewhere, without losing retirement funds,� the official added. Bilateral talks on the issue had intensified after Singh and Bush issued the joint statement on July 18, 2005 to move towards a new strategic relationship. Last December, the US Social Security Secretary visited New Delhi, but little progress was made. Under Section 233 of US social security laws, international agreements may only be arrived at with countries with a �generally applicable� social insurance or pension system.
Between December 2007 and now, India has made some progress on this front which it convinced the US administration about. The Unorganised Sector Workers� Social Security Bill has been introduced in Parliament as well as reviewed by a standing committee. The Rashtriya Swasthya Bima Yojana has also been kicked off.
�It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,� the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund�s flows.
Source: http://www.indianexpress.com/story/332763.html
If he stayed for 180 days and used AC21 then AC21 WILL protect this person
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
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Webfax #15 sent.
Thanks Ivar for your reply.
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One way to get reciept notice or anything else for that matter is to file G-28 and change attorney on record. Second would be to file for Freedom of Information Act (FOIA) and asking for all the records. Here what I gathered from Murthy Chat
Chat User : When the employer sponsors and retains the I-485 receipt without processing the EAD/AP, can an individual apply for an EAD mentioning the receipt number without jeopardizing GC processing?
Attorney Murthy : Yes, a person may file the EAD with just the receipt number on the Form I-765 without jeopardizing the I-485 processing. The EAD and AP are merely incidental benefits and are not directly connected with the I-485 processing or adjudication.
BumbleB
BumbleB,
Even if I can apply for EAD/AP, will I be able to change employer using AC21 without the receipt notice? Using G28 may not be an option before 6 months as the current lawyer is hired and paid by the employer.
How much time does FOIA take?
Thanks
Chat User : When the employer sponsors and retains the I-485 receipt without processing the EAD/AP, can an individual apply for an EAD mentioning the receipt number without jeopardizing GC processing?
Attorney Murthy : Yes, a person may file the EAD with just the receipt number on the Form I-765 without jeopardizing the I-485 processing. The EAD and AP are merely incidental benefits and are not directly connected with the I-485 processing or adjudication.
BumbleB
BumbleB,
Even if I can apply for EAD/AP, will I be able to change employer using AC21 without the receipt notice? Using G28 may not be an option before 6 months as the current lawyer is hired and paid by the employer.
How much time does FOIA take?
Thanks
Ask your parents (anyone of them) to visit the registrar at the municipal office of your home town. The registrar will issue the birth certificate once your parents submit an affidavit to the office. Hope this helps.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
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Consult with the attorney on alternate evidence. I believe USCIS in most cases does accept alternate forms of evidence. Not every company issues experience letter, so in this case alternate evidence should suffice provided you have enough of it. As mentioned above, I wouldn't bring up the bond issue. That'll potentially open up can of worms unnecessarily. A company is not obligated by law to issue experience letter.
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do you know where i can find the exact text to make this certain?
or is there any?Only H1B expenses should be paid by employer. If employer pays anything else - it's his good will.
or is there any?Only H1B expenses should be paid by employer. If employer pays anything else - it's his good will.
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I am not telling the July and August application only, but total pending. The 320,000 is the total AOS application receipted due to JULY VB....that is not including those pending before July.
My estimate based on that file I posted is that there are about 600k pending...and correct, it also included family based application like K1.
My estimate based on that file I posted is that there are about 600k pending...and correct, it also included family based application like K1.
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Thanks for sharing your experiences. Is LLC corp employer eligible to do H-1 transfer? I have an American citizen friend who has a LLC corp and work as an independent contractor. Can he file for my H-1 transfer and can I work for him?
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
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I am not sure whether the thread digressed away from the original discussion on how to get the copy of the labor cert.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
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Thanks for posting this link.
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read,
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read,
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
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For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.[/QUOTE]
PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.
PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.
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IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.
do you know where i can find the exact text to make this certain?
or is there any?
do you know where i can find the exact text to make this certain?
or is there any?
check these :
http://www.qando.net/details.aspx?Entry=3949
http://frontpagemagazine.com/Articles/ReadArticle.asp?ID=22656
http://www.qando.net/details.aspx?Entry=3949
http://frontpagemagazine.com/Articles/ReadArticle.asp?ID=22656
