Tuesday, August 30, 2011

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  • sduddukuri
    04-07 07:49 PM
    I said "NO". my lawyer suggested to file it as NO. We left country within 2 days after we came to know about the denial





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  • indyanguy
    09-09 11:50 AM
    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..

    By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?





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  • gcgreen
    07-07 05:07 PM
    I do not know authoritatively if this is so. But logically speaking, I see no reason why not. Asking a CPA is probably the best way to go if you really want to do it only the withholding route. Many times a CPA will give you this advice free of cost. Also you can ask the tax guy at bankrate.com or some other online source where some tax expert answers questions.

    The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.

    Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.

    Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
    CA state tax is 9.3 % (again please verify because this varies based on your combined income)


    As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

    Would this extra payment through this channel suffice for the purposes of estimated payments?





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  • venkatosizolon
    03-28 11:46 PM
    I was in between projects when they didnt pay but this time they are not paying when I am on project. shoud I make difference when I will complain?



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  • 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.





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  • milind70
    06-21 01:06 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

    It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

    1) go outside the country and get a new I 94
    2) file i 539 cost around 195 USD

    I would also suggest to try the local USCIS office where in they could help is some way.

    Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.



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  • harivenkat
    05-16 10:28 PM
    my one piece of advice is , dont go to lawyer for canada immigration....
    the lawyer becomes a biggest bottleneck in communication with cic ...
    its best you directly deal with canadian immigration services (cic)....
    if you need help you always have these forums to ask questions...





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  • TO BE OR NO TO BE
    06-04 01:54 PM
    What happens if the current company withdraws the labour after you have moved to the new company.

    Is your h1b 8th year extn invalid..



    No your new H1B is valid till it expires.



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  • desi485
    12-02 07:46 PM
    Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).

    This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.

    We are working on 2nd phase of our campaign.

    pd_recapturing, this is encouraging indeed. People should not fear using EAD, specifically in this economy EAD gives you much better chance to survive than an H1B.

    Regarding campaign, please share some updates, news with IV community.





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  • hsingh82
    04-15 03:47 PM
    I own house too. My immediate goal would be to get my PERM and I-140 approved and with the help of approved I-140 get a 3 years extension so that i can stay and enjoy my new house for few more years. By the way i was in this queue in Mar06(my first perm) and Jun 07(My second perm) and now again in April 09. I am building my patience every year :D

    Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.

    Good luck!!



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  • kirupa
    10-06 05:33 PM
    No no no - please don't vote for yourself :) That's considered in bad-taste and your entry could get disqualified.





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  • Steven-T
    February 23rd, 2004, 07:33 AM
    So close, So close
    Scott, here's goes the B&H 10 rated used 10D and 1Ds again. Why B&H have to sell this at such a premium of $6,030 above that of Adorama's $5,200? Are they supposed to be married couples, or, at least civil union?

    Steven



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  • lost_in_gc_land
    02-02 03:43 AM
    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D

    Hello,
    I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry





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  • Daisy
    11-10 03:56 PM
    From texas



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  • waitnwatch
    07-11 12:18 PM
    .....

    They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.

    Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......

    Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.





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  • prasadn
    07-14 07:30 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?

    Should I

    From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.

    Thanks
    Prasad



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  • gc_samba
    07-17 05:03 PM
    Thank you I appreciate your response

    No minimum period is necessary and firing will not have any negative impact.





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  • surabhi
    08-17 04:02 PM
    I think this might be the case where "Waiver of Signature" was not opted in case of express mail.

    In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.

    In this situation, I guess nothing much to do except wait I guess.





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  • diptam
    06-24 06:34 PM
    I can't answer your 1st question but you can spend a day and get a new Passport from NY consulate in the same day....

    I also did the same thing last week - my old passport is valid for another
    9 months but 485 takes long time and by that time if my PP No changes communication that is again a hassle.

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.





    Dhundhun
    03-14 07:22 PM
    I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.

    If company has brought you from India and terminated the job, as a part of filing H1B obligation, they are supposed to give a ticket to go back - but not cash.





    GCard_Dream
    07-13 01:22 PM
    With new threads being created every minute, it's hard to keep track of relevant threads in "Recent Forum Posts" section of the homepage. I am not saying that some threads are irrelevant but there are bunch of threads talking about the same issue or news. Lot of members create new threads without realizing that the topic has been discussed already in some other thread. Some threads are personal in nature (nothing wrong with that) but not all members will benefit from that and so on....

    In light of that, I was wondering if there is a way for core team to identify the top 5 or so useful threads and always keep it on the top of the "Recent Forum Posts". All other threads can be displayed further down. This will just allow those top 5 threads (like for media drive, IV action items, breaking news, etc) to be visible on the homepage all the time and members will have easy access to those threads.

    I am not a webpage designer to I don't know how difficult that would be to implement but just a suggestion.



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