americandesi
08-29 07:23 PM
Today, my friend told me that there is new policy prohibiting employees from paying the H1B application fees for their employers. Has someone heard about this policy? If so, would you please provide me some more details on the issue? Where could I find the policy?
I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!
Prohibiting employees from paying the H1B application fees is not a new policy. It has always been there.
Refer violation 4.(i) in http://www.dol.gov/esa/forms/whd/WH-4.pdf
However there is a new policy prohibiting employees from paying Labor related expenses in GC process.
I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!
Prohibiting employees from paying the H1B application fees is not a new policy. It has always been there.
Refer violation 4.(i) in http://www.dol.gov/esa/forms/whd/WH-4.pdf
However there is a new policy prohibiting employees from paying Labor related expenses in GC process.
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dc2007
08-08 08:53 PM
I have a peculiar issue. I was working with a company from 2000 to 2004 on H1B and then went back to India for good. During that period I applied for Labor.
I joined the same company again and came back to US in Feb 2007 on new H1.
Now I am applying for I-485 for myself, my wife and daughter. My lawyer is saying that I have to fill I-134 (affidavit of support) also. But my salary is around 55K and I don't have much balance in bank. Its around 2-3 K only.
My question is, can I show assets/money from my Indian bank. I have talked to a CA in INdia and he will prepare a statement for me.
I am not sure if I can use that in I-134 or not. Can anybody has done that ?
Any help/suggestion would be appreciated..
Thanks and Good luck to all
I joined the same company again and came back to US in Feb 2007 on new H1.
Now I am applying for I-485 for myself, my wife and daughter. My lawyer is saying that I have to fill I-134 (affidavit of support) also. But my salary is around 55K and I don't have much balance in bank. Its around 2-3 K only.
My question is, can I show assets/money from my Indian bank. I have talked to a CA in INdia and he will prepare a statement for me.
I am not sure if I can use that in I-134 or not. Can anybody has done that ?
Any help/suggestion would be appreciated..
Thanks and Good luck to all
GCwaitforever
06-22 03:18 PM
Your friend has to wait till he gets his citizenship. A GC holder can only sponsor someone to visit, but can't sponsor another person for GC. A citizen surely can. I heard that an immigrant could apply to USCIS to grant spouse also a GC based on hardship grounds. But I would not bet on largesse of USCIS. It is a headache dealing with bureaucrats, lawyers and appeals.
If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.
Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.
There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)
If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.
Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.
There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)
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sayonara
08-23 11:12 AM
I am dependent on our GC application. We had provided initial Finger prints in July 2007. I got an FP notice in 2009 and have just received another FP notice for next week. Meanwhile, the primary applicant on our application has not recd any biometrics appt since the 07 initial set.
Is there anything to be concerned about?
TIA
Is there anything to be concerned about?
TIA
more...
mjdup
12-19 11:12 PM
It is possible to port the PD, there are some forums please search and you should find the answer...
Please participate in the $20/member marathon and contribute, we are trying to reach certrain target before end of the year, please contribute generously, thanks !
Please participate in the $20/member marathon and contribute, we are trying to reach certrain target before end of the year, please contribute generously, thanks !
angiusa
04-03 04:02 PM
I have worked for Company "A"(Ex-employer) under H1-B(company A holding my H1-b) from 2007-2010. During 2009 & 2010, company A was unable to clear all my payments as the company went through some financial hurdles but they issued W-2 for the amount paid in fiscal year 2009. Now, company A has got money and they decided to clear my back wages for 2009-2010 through 1099 form. I transferred my H1-B visa to Company B(2010) then to Company C(current employer). Now, Company C has started my Green card(GC) process.
Questions:
1. I already received W2 for 2009. Can company A amend the W2 for the back wages?
2. Is it legal to take the unpaid amount under 1099? Will it affect my GC process?
3. What are my options to get my back wages from company A?
4. Company A want to issue 1099 along with a letter stating that i was full time employee for the time period mentioned in 1099. Is it acceptable?
I really appreciate your help for taking your valuable time in clarifying my questions. I look forward for your reply.
Questions:
1. I already received W2 for 2009. Can company A amend the W2 for the back wages?
2. Is it legal to take the unpaid amount under 1099? Will it affect my GC process?
3. What are my options to get my back wages from company A?
4. Company A want to issue 1099 along with a letter stating that i was full time employee for the time period mentioned in 1099. Is it acceptable?
I really appreciate your help for taking your valuable time in clarifying my questions. I look forward for your reply.
more...
gcmaker
03-28 07:07 PM
I used my 485 EAD, which I received when I filed my 485 with my spouse. And now I want my employer to apply H-1B for me. I am wondering if I can apply change of status to H-1B within US or I have to apply H-1B petition, which requires me to get out of US and get the visa at some US consulate or embassy.
I'd really appreciate any info.
Thanks a lot.
I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?
I'd really appreciate any info.
Thanks a lot.
I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?
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imhere
06-11 12:28 PM
Hi,
I am not sure that you can help me in this or not, but I see you are pretty aware of the program I wants to ask about �MAVNI.�.
� I am on H1B (exp- 2011) Wife/Son h4(Exp-2011)
� Joining MAVNI Sep 2009.
� F1 to H1 (Stamping Pending yet)
I have couple simple questions if you can help me to give answer.
1.As I will be in army training and they will adjust my status, but what will happen to my wife/son if they will be USA and their H4 want work as I want be no more on H1. And what will be their status during this time.
2.What if I send them back to my origin country and after coming back from training/naturalization how much time you see it may take? Do you see any difficulty reentering them? What will be their status, once they reenter?
About my background, none of us has any single criminal history except couple speeding ticket. :)
I appreciate if you can through some light in this, which will help me to take faster decision for their accommodation and all.
Thankful to you.
I am not sure that you can help me in this or not, but I see you are pretty aware of the program I wants to ask about �MAVNI.�.
� I am on H1B (exp- 2011) Wife/Son h4(Exp-2011)
� Joining MAVNI Sep 2009.
� F1 to H1 (Stamping Pending yet)
I have couple simple questions if you can help me to give answer.
1.As I will be in army training and they will adjust my status, but what will happen to my wife/son if they will be USA and their H4 want work as I want be no more on H1. And what will be their status during this time.
2.What if I send them back to my origin country and after coming back from training/naturalization how much time you see it may take? Do you see any difficulty reentering them? What will be their status, once they reenter?
About my background, none of us has any single criminal history except couple speeding ticket. :)
I appreciate if you can through some light in this, which will help me to take faster decision for their accommodation and all.
Thankful to you.
more...
lazycis
02-14 11:55 AM
can someone please give answer to this?
Usually a couple weeks. Be patient :)
Usually a couple weeks. Be patient :)
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prasadn
05-03 03:58 PM
Recently my company got acquired by another company. Co A had filed for my LC, and was approved in Feb 09, and my i140 was filed in EB3 in Sept 09. Co B wants to keep me, and I will continue the same job. My H1 has also been transferred to Co B. My question is:
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
more...
Michael chertoff
08-01 09:08 PM
Please close the thread if it is non sence.
Just thaugt to have a idea about how many people have missed this opprtunity.
MY PD is EB2 June 7 2006.
MC
Just thaugt to have a idea about how many people have missed this opprtunity.
MY PD is EB2 June 7 2006.
MC
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sammywammy
04-27 10:24 PM
The lawyers did some mixup/goofup and I lost my June 2002 PD. Here is the sequence of events.
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
more...
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pappu
02-05 10:57 PM
Hi all,
I am on H4 for the past few years. This year I am planning to switch to H1. A consulting firm of only 5 employees is willing to sponsor my H1. I would like to know the chances of my H1 getting approved. Because the company is small am I going to face any problems? What will be the impact of the size of the company on H1 approvals.
I would really appreciate your inputs because this time I want to resume my career again and I don't want to have any problems with H1.
Thanks,
Amul
find out about their ability to pay you so that they don't exploit you. If you are planning to apply for Greencard then this is very important.
I am on H4 for the past few years. This year I am planning to switch to H1. A consulting firm of only 5 employees is willing to sponsor my H1. I would like to know the chances of my H1 getting approved. Because the company is small am I going to face any problems? What will be the impact of the size of the company on H1 approvals.
I would really appreciate your inputs because this time I want to resume my career again and I don't want to have any problems with H1.
Thanks,
Amul
find out about their ability to pay you so that they don't exploit you. If you are planning to apply for Greencard then this is very important.
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raysaikat
08-08 10:42 PM
Please help ....
You need ask in some other forum. This forum is only for employment based immigration.
You need ask in some other forum. This forum is only for employment based immigration.
more...
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RNGC
02-23 01:18 PM
Interesting (?!) situation!
One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?
1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?
2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?
Thanks
One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?
1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?
2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?
Thanks
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dagu1234
06-08 02:53 PM
Please call your senators and representatives...
more...
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ras
01-15 11:20 AM
post the employer name and address so that other people will be careful working for him and also if employer comes to know about IV, he will stop these kind of things
Intimidate them saying you will post the story on the IV forum. This works some times. I did this and the employer came down a little bit..
Intimidate them saying you will post the story on the IV forum. This works some times. I did this and the employer came down a little bit..
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ho_gaya_kaya_?
07-15 12:25 PM
Have you considered undergoing sex-change operation ?
I mean it is an option after all... and you may get to understand women as well in the process
just kidding...
Good Luck :)
I mean it is an option after all... and you may get to understand women as well in the process
just kidding...
Good Luck :)
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martinvisalaw
07-27 01:12 PM
If you were subject to the cap for the last H-1B, you will not be subject again. The new employer would need to file a change of status for you, changing you from B-2 back to H-1B.
dgs
09-07 08:01 PM
I don't intend to get anyone's hopes high as I am not sure if this page on the USCIS website is an updated one or is an older one, but it says PP is available for 129 & 140.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=011a59f5eca9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
Anyone knows about this?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=011a59f5eca9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
Anyone knows about this?
OLDMONK
06-17 02:57 PM
A# wont start with EAC..
Read above post, It is a number starting with A and looks like A099 XXX XXX usually found on I140. I dont think this number is alloted anytime before an immigrant petition is filed.
MRSR question for you. My sons/wifes I94# is different based on actual I94 (last entry) and H4 approval notices (done after entry). Mine remained same. Dilemma which number should i use in their forms.
Read above post, It is a number starting with A and looks like A099 XXX XXX usually found on I140. I dont think this number is alloted anytime before an immigrant petition is filed.
MRSR question for you. My sons/wifes I94# is different based on actual I94 (last entry) and H4 approval notices (done after entry). Mine remained same. Dilemma which number should i use in their forms.
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