uma001
09-08 03:22 PM
points mentioned in posts 2,3 4 and 5 are 100% correct.
points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.
Friends,
Green card dream is over. Now it's the time to get back to India or other countries.
points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.
Friends,
Green card dream is over. Now it's the time to get back to India or other countries.
wallpaper David Henrie 3
rbalaji5
02-10 01:19 AM
Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.
mannan74
08-27 06:02 PM
The answer is right there for you
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
2011 David Henrie Actor David
harrydr
07-12 02:32 AM
Situation:
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
more...
doesntmatter
05-20 05:21 PM
Background:
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
njdude26
07-19 03:57 PM
My attorney today informed me just a week after he sent an email to them saying that case was closed in error they replied back saying they are reopening the case. wow that was fast...
more...
surabhi
10-17 03:37 PM
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
Yes. Your understanding is correct
Yes. Your understanding is correct
2010 David Henrie Moves From
Eberth
10-21 06:08 PM
hehehe, btw, could anyone draw a dogs bed for me, hehehe,
more...
sodh
07-24 12:57 AM
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.
hair 2 January 2011 @ 3:47am
ivgclive
12-19 08:34 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him, ....
AJ
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".
Guys, we are entering 2010...
One of my friend is in a bad situation, I am posting on behalf of him, ....
AJ
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".
Guys, we are entering 2010...
more...
Eberth
10-15 10:05 PM
yeah is a paw print:rambo:
i need it for a website i'm working on
i need it for a website i'm working on
hot Tagged: David Henrie
tnite
07-19 10:14 AM
By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863
For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.
There is nothing to worry about in your friends case.
If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
As a resident tax filer, these are some of the advantages.
I dont understand why your friends are worried about this.
check this out (http://www.irs.gov/taxtopics/tc851.html)
--------------------------------------------------------------------------
Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:
A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.
-------------------------------------------------------------------------
Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.
For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.
There is nothing to worry about in your friends case.
If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
As a resident tax filer, these are some of the advantages.
I dont understand why your friends are worried about this.
check this out (http://www.irs.gov/taxtopics/tc851.html)
--------------------------------------------------------------------------
Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:
A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.
-------------------------------------------------------------------------
Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.
more...
house David Henrie – Teen.com
phigi
11-19 11:13 AM
you should ask the SSA office to accept the application and send it to DC for verification (manual process). They have that option available.
i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.
i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.
tattoo January 04, 2011 - 6:34pm
rocket
01-08 03:40 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
it has been reported that way everywhere.http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html and contracts/contest rules don't state why they just state the terms of the contest.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
it has been reported that way everywhere.http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html and contracts/contest rules don't state why they just state the terms of the contest.
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pictures David Henrie Shopping in LA
meridiani.planum
04-01 03:34 PM
inline...
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
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martinvisalaw
07-16 05:59 PM
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
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makeup David Henrie Chicken Lover
crystal
07-04 10:09 PM
Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
girlfriend David was seen backstage where
lee.cook
January 30th, 2008, 01:03 PM
Hello,
What type of camera are you looking for?
Point-and-shoot or a dSLR (Digital Single Lens Reflex).
The Sony Cybershoot is just your average P&S camera, small, light and compact.
A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.
Nikon D40 http://www.kenrockwell.com/nikon/d40/images/d40-right-950.jpg
Canon EOS 350D http://www.cameralabs.com/reviews/Canon350D/images/Canon350D_main.jpg
What is your price budget too?
What type of camera are you looking for?
Point-and-shoot or a dSLR (Digital Single Lens Reflex).
The Sony Cybershoot is just your average P&S camera, small, light and compact.
A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.
Nikon D40 http://www.kenrockwell.com/nikon/d40/images/d40-right-950.jpg
Canon EOS 350D http://www.cameralabs.com/reviews/Canon350D/images/Canon350D_main.jpg
What is your price budget too?
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meridiani.planum
04-17 08:38 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
anzerraja
07-20 09:26 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
paskal
11-09 03:43 PM
What main theme do you expect for probable resume?
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
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