Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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Did you guys get a soft LUD before the RFE? How many days lag if any?
Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?
Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
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Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)
Could you please throw some light?
GG_007
Fellow IV members who have their GCs approved and some of those who are still waiting:
I have a few questions on how my brand new GC will help me in my situation..
My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.
Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...
What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?
Thanks for your inputs
GG_007
Fellow IV members who have their GCs approved and some of those who are still waiting:
I have a few questions on how my brand new GC will help me in my situation..
My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.
Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...
What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?
Thanks for your inputs
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
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Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
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according to the regulations, h time counts towards L visa time and vice versa - It is not very clear in the i129 form
Why partial, If I were you I would have asked for a full refund !
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.
Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.
Thanks to InTheMoment for bringing it up..... that's what I had in mind too.
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.
Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.
Thanks to InTheMoment for bringing it up..... that's what I had in mind too.
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If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,
is it like something random, or USCIS holds a lottery ............. i am just curious........
Yes, It is definitely yet another lottery.
Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".
is it like something random, or USCIS holds a lottery ............. i am just curious........
Yes, It is definitely yet another lottery.
Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".
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This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
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See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts
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I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
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last i heard, ins was planning to introduce a rule saying - if i140 is not filed within 45 days of labor approval, it was going to be voided. Many people opposed this idea..but at the same time, it had its benefits because, people file labor and then sell it many years later. this rule was meant to prevent these kind of shady substitutions.
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You should avoid phrases such as "fast track green card". That is being presumptious.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.
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Even if you transferred you can still work for old company and keep on working there without joining new company.
That's what i believe. Please consult attorney for confirmation
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
That's what i believe. Please consult attorney for confirmation
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
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IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
Pardon my french but most of DMV/BMV employees are absolute #$@#$%#@.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
Thank you guyz for your responses.
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance.....
I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance.....
I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.