lazycis
01-15 10:48 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
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lecter
February 1st, 2004, 10:40 PM
I agree, a good "cheat" is a spray bottle of water on your belt...... makes them look way better in all sorts of conditions.
Also if you're going to have a lot of clusters, get the angle so they merge more, and saturate the final output more to give it oomph
Also if you're going to have a lot of clusters, get the angle so they merge more, and saturate the final output more to give it oomph
desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
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prince_waiting
10-26 01:53 PM
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
more...
ashrock11
01-11 07:13 AM
Same as the H4 process for the first wife. Just carry all the papers with Divorce certificate.
sonia_sd
10-19 07:15 PM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
more...
setpit_gc
08-13 03:39 PM
485 (EB3) was filed in July 2007 and still working for that company.
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EndlessWait
12-06 08:01 AM
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
not EAD, but thanks for the reply.
not EAD, but thanks for the reply.
more...
WeShallOvercome
08-27 06:12 PM
Should I call CIS to see what they say??? Anyone??
It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.
Calling USCIS doesn't hurt, it hardly is fruitful though.
It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.
Calling USCIS doesn't hurt, it hardly is fruitful though.
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bsbawa10
08-14 10:50 PM
The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. You can change the day if you want to. Also please do not sort the data yourself. I will do it periodically. Just enter your info at the end.
Bawa
Bawa
more...
jthomas
04-04 09:49 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
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wandmaker
10-22 10:07 PM
Hello,
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Everyone knows the fact
B.Sc != US Bachelors or Even B.E
B.Sc + MCA / any non professional master degree != US Masters or Even M.E
For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Everyone knows the fact
B.Sc != US Bachelors or Even B.E
B.Sc + MCA / any non professional master degree != US Masters or Even M.E
For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.
more...
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gc_bulgaria
10-12 12:20 PM
I am planning for my visa in Jan at Mumbai consulate. I do not have any relatives in either mumbai/pune who can submit my documents 3 days before the appointment.
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
You can mail your's. make sure its registered /fed ex receipt and send them a followup email to check if they received it.
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
You can mail your's. make sure its registered /fed ex receipt and send them a followup email to check if they received it.
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s416504
12-09 01:21 PM
Visa Bulletin For January 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5212.html)
more...
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forgerator
08-20 02:18 PM
goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
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McLuvin
08-03 12:18 PM
Long ago received this mail from pnp office
AINP US Visa Holder Category Applicants
Priority processing will be given to those who have a job offer from an Alberta Employer.
If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here
A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.
Download our Websites for Alberta Job Seekers document to assist you in finding a job in Alberta.
Few days ago Again i got one mail like below
RECEIPT OF ALBERTA IMMIGRANT NOMINEE PROGRAM (AINP) APPLICATION
Candidate Name: xxxxxxxxxxxxxxxxxx
Candidate File Number: xxxx-xx-xxxx
Thank you for applying to the Alberta Immigrant Nominee Program (AINP). This is to confirm receipt of the AINP application for the abovementioned on July 31, 2009. Please visit Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html) for our most current processing times.
During our assessment, an applicant or their authorized representative will only be contacted by our office if we require additional information. Please do not call to inquire about the status of the application as this will increase our processing times. If you wish to add information to the application, or change information already submitted, you may mail or fax the information to:
Alberta Immigrant Nominee Program
Suite 940 , Telus Plaza North Tower
10025 Jasper Avenue
Edmonton , Alberta T5J 1S6 Canada
Fax: (780) 427-6560
can some one help me whether i am in or not?
KumKum,
You are in.... dont worry...
There are a lot of people who have been waiting/praying to see the file number email... The one which you recieved a few days ago...
Take a vacation and come back after 4 months... thats what Alberta says :)
BR,
Karthik
AINP US Visa Holder Category Applicants
Priority processing will be given to those who have a job offer from an Alberta Employer.
If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here
A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.
Download our Websites for Alberta Job Seekers document to assist you in finding a job in Alberta.
Few days ago Again i got one mail like below
RECEIPT OF ALBERTA IMMIGRANT NOMINEE PROGRAM (AINP) APPLICATION
Candidate Name: xxxxxxxxxxxxxxxxxx
Candidate File Number: xxxx-xx-xxxx
Thank you for applying to the Alberta Immigrant Nominee Program (AINP). This is to confirm receipt of the AINP application for the abovementioned on July 31, 2009. Please visit Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html) for our most current processing times.
During our assessment, an applicant or their authorized representative will only be contacted by our office if we require additional information. Please do not call to inquire about the status of the application as this will increase our processing times. If you wish to add information to the application, or change information already submitted, you may mail or fax the information to:
Alberta Immigrant Nominee Program
Suite 940 , Telus Plaza North Tower
10025 Jasper Avenue
Edmonton , Alberta T5J 1S6 Canada
Fax: (780) 427-6560
can some one help me whether i am in or not?
KumKum,
You are in.... dont worry...
There are a lot of people who have been waiting/praying to see the file number email... The one which you recieved a few days ago...
Take a vacation and come back after 4 months... thats what Alberta says :)
BR,
Karthik
more...
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eastindia
01-06 08:33 AM
February visa bulletin will be out this week any day.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
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RajForGC
02-20 03:33 PM
My PERM and 140 under EB3 is already approved last year, (other Conuntry). I am in the process of filing EB2, MS +0, with same company: different postion and 30% job req changes, prevaling wage is different level. I did my MS before I joined this company. My lawyer is saying we should be fine: any suggestions.
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Eternal_Hope
04-07 10:32 AM
Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
eb3_nepa
04-30 10:17 AM
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
Excellent points!
Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
Excellent points!
Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?
kshitijnt
01-02 01:33 AM
Last year my wife's case was put under 221(g) by Mumbai consulate. We abandoned the visa process and she entered using AP. Since then we have used AP twice and given up H1B visa as a first option.