chanduv23
10-03 11:41 AM
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unitednations
03-19 11:21 PM
My employer has made me an account signatory in one of his other company(a sister company of my H1company), so i can take the money out for travel expenses. Is that going to create any problem? I have my regular pay check coming from my H1 company.
I don't want to judge you; but...
This is an example of how people are creating problems for themselves.
Let me guess; you started a company and made it a layer between the h-1b company and your vendor. Your company receives the billings and you withhold xxx dollars so that your employer takes a % on less of a billing rate and then you take it out tax free from your company?
This is one of the reasons why the anti immigrants and people against h-1b believe that wages are being driven down because of the games that people play.
LCA says $60,000. Your billing rate is equal to something like $125K per year but you want to run salary at $60K and take out rest in per diems.
Guess what; per diems and expense reimbursements for those working at staffing companies is not allowed within the law. The only reason your employers even pay you this is becasue if IRS asks they will just make it taxable to you.
In the LCA's that the senators, anti h-1b people look at; it looks like you guys are really getting paid $60k for a position that normally gets paid $100K. Your package may actually be $100K but on paper it is $60k.
If only people followed the law then there wouldn't be much argument at all that h-1b is driving down salaries.
-----------------------------------------------------------
To answer your question; Every time a person opens up an account; the information gets transmitted to Washington and checked against the anti money laundering database. There is now a record related to terrorism related activities. It appears that USCIS has access to it. Whether they analyze it correctly; ie; is it a brokerage account, personal account, company account, etc., I don't know. However, there has been some cases where the only way USCIS could have known about it would have been through the anit money laundering database. If they were able to capture it for a couple of people that I know of; then you can believe that they have it for everyone.
Now; in my personal situation; it was part of my job to be the account signatory on mutual fund bank accounts. I was probably the signatory on 400 different companies but it didn't come up in any USCIS check. This was a long time ago before all these databases were synched up; so things may now have changed.
I don't want to judge you; but...
This is an example of how people are creating problems for themselves.
Let me guess; you started a company and made it a layer between the h-1b company and your vendor. Your company receives the billings and you withhold xxx dollars so that your employer takes a % on less of a billing rate and then you take it out tax free from your company?
This is one of the reasons why the anti immigrants and people against h-1b believe that wages are being driven down because of the games that people play.
LCA says $60,000. Your billing rate is equal to something like $125K per year but you want to run salary at $60K and take out rest in per diems.
Guess what; per diems and expense reimbursements for those working at staffing companies is not allowed within the law. The only reason your employers even pay you this is becasue if IRS asks they will just make it taxable to you.
In the LCA's that the senators, anti h-1b people look at; it looks like you guys are really getting paid $60k for a position that normally gets paid $100K. Your package may actually be $100K but on paper it is $60k.
If only people followed the law then there wouldn't be much argument at all that h-1b is driving down salaries.
-----------------------------------------------------------
To answer your question; Every time a person opens up an account; the information gets transmitted to Washington and checked against the anti money laundering database. There is now a record related to terrorism related activities. It appears that USCIS has access to it. Whether they analyze it correctly; ie; is it a brokerage account, personal account, company account, etc., I don't know. However, there has been some cases where the only way USCIS could have known about it would have been through the anit money laundering database. If they were able to capture it for a couple of people that I know of; then you can believe that they have it for everyone.
Now; in my personal situation; it was part of my job to be the account signatory on mutual fund bank accounts. I was probably the signatory on 400 different companies but it didn't come up in any USCIS check. This was a long time ago before all these databases were synched up; so things may now have changed.
srkamath
09-06 06:16 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
THE CBP OFFICER WAS INCOMPETENT AND CONFUSED
Read the following - http://www.jamaicans.com/articles/immigration/im_0408.shtml
" Many do not know that within the US Immigration system exists certain discretionary grants of entry to the United States. The Humanitarian Parole is one such form of entry and the Public Interest Parole is another. Both are available pursuant to section 212(d)(3) or 212(d)(5) of the Immigration and Nationality Act. Both require that certain conditions be met and that the need for immediate entry be thoroughly explained and documented......"
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
THE CBP OFFICER WAS INCOMPETENT AND CONFUSED
Read the following - http://www.jamaicans.com/articles/immigration/im_0408.shtml
" Many do not know that within the US Immigration system exists certain discretionary grants of entry to the United States. The Humanitarian Parole is one such form of entry and the Public Interest Parole is another. Both are available pursuant to section 212(d)(3) or 212(d)(5) of the Immigration and Nationality Act. Both require that certain conditions be met and that the need for immediate entry be thoroughly explained and documented......"
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bkarnik
11-03 04:40 PM
I was in the same situation recently for the State of Iowa. My attorney called up the DMV and explained the situation. The DMV informed him that they would need the receipt notice from the USCIS. The license will be issued for the lesser period of the time range (if any) mentioned in the Receipt Notice that the USCIS expects to take to decide the petition. Upon receipt of the approval, the person will need to go the DMV again with the I797A form and get a final license.
Fortunately, I did not get to jump through the hoops as I decided to spend some hard earned money and got my extension approved by premium processing. Anybody else who has done something similar please post.
Fortunately, I did not get to jump through the hoops as I decided to spend some hard earned money and got my extension approved by premium processing. Anybody else who has done something similar please post.
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sledge_hammer
07-15 07:58 AM
hopein07,
Many people that buy term insurance are not paying more premium so that the savings between term and whole can be invested in equities. This is the norm in the US. In India it is true that ALL your assets "could" end up in real estate. So for a person that intends to live here until old age will have cash and or equities. Financial planners reccommend term because one would need the coverage until a major mile stone in life is reached - paying off home mortgage, children completing college education, etc.
I have done some research and MOST financial planners suggest to get term insurance. They say not to mix insurance with investment. Statistically, if you buy whole life, the rate of return is negligible because so much is eaten away in fee and admin charges.
The only issue here is that Term will cover you till the age of 60-65 if you get 20-30 year fixed rate policy. But if you still have immovable assets at age 65, which you surely will, that you need protected for your dependents then you will not have any coverage at all because Term will last only its stated duration. If saving/investing during young age is the objective then Term is good, no doubt, because it's cheap and covers you from risk during young working years. But I guess no company gives Whole Life on H1 so there's not any other option.
Many people that buy term insurance are not paying more premium so that the savings between term and whole can be invested in equities. This is the norm in the US. In India it is true that ALL your assets "could" end up in real estate. So for a person that intends to live here until old age will have cash and or equities. Financial planners reccommend term because one would need the coverage until a major mile stone in life is reached - paying off home mortgage, children completing college education, etc.
I have done some research and MOST financial planners suggest to get term insurance. They say not to mix insurance with investment. Statistically, if you buy whole life, the rate of return is negligible because so much is eaten away in fee and admin charges.
The only issue here is that Term will cover you till the age of 60-65 if you get 20-30 year fixed rate policy. But if you still have immovable assets at age 65, which you surely will, that you need protected for your dependents then you will not have any coverage at all because Term will last only its stated duration. If saving/investing during young age is the objective then Term is good, no doubt, because it's cheap and covers you from risk during young working years. But I guess no company gives Whole Life on H1 so there's not any other option.
eb3_nepa
06-28 01:05 PM
I had anticipated this and actually converted my I-140 which was filed regular in Feb 2007 to Premium a few days after the June Bulletin and the fact that they terminated I-140 premium processing altogether for Labor Substitutions.
We immediately converted our I-140 (in which we were recapturing our older PD), to premium to avoid any such future USCIS Bolts from the blue.
We immediately converted our I-140 (in which we were recapturing our older PD), to premium to avoid any such future USCIS Bolts from the blue.
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pappu
01-22 01:06 PM
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BharatPremi
11-08 02:32 PM
Somebody gave me "Green" with comment "Green dot - GotGC??" . Thanks. No, I am still in wait hell.
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makemygc
07-06 10:45 AM
Theoratically what you say is correct. Once the revised bulletin came out people are not supposed to file / send out mails in this matter. However, what the AILF is going to fight is the "revised bulletin". They are going to fight that uscis cannot publish a revised bulletin at such a short notice and if they (AILF) wins, this revised bulletin is nullified and July will become open to every one with LC, right??
Not quite but your first part was right. AILF is focussing on the revised bulletin but from immigration-law and AILF documents it seems they are focussing on getting some visa number for July. Opening it for all will not going to work and judge will not allow. But it's too early to interpret. Please hold on before AILF clarifies or file the lawsuit.
If IV core has some information, please share with us.
Not quite but your first part was right. AILF is focussing on the revised bulletin but from immigration-law and AILF documents it seems they are focussing on getting some visa number for July. Opening it for all will not going to work and judge will not allow. But it's too early to interpret. Please hold on before AILF clarifies or file the lawsuit.
If IV core has some information, please share with us.
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malibuguy007
04-01 01:58 PM
I agree we should keep the momentum going and achieve 10K this month as well.
My contribution of $25 Using the Donate Now button.
My contribution of $25 Using the Donate Now button.
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vbkris77
07-02 12:39 PM
That's my point. If we don't have volume.. All these letters will endup in recycle. Do we have a solution? No. .We don't.. we will just post and post in forums!!! later check LUDs..
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amitjoey
05-14 04:56 PM
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pointlesswait
02-23 03:00 PM
dude...do u even know the meaning of that phrase? lol ..
I know a term called "spitting the venom". It is on full display in your post.
I know a term called "spitting the venom". It is on full display in your post.
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WithoutGCAmigo
06-18 12:11 PM
So looks like only the renewal will have a delay. First-timers won't face much difficulties.
my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.
its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.
my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.
its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.
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houston2005
01-14 01:23 PM
This bill has nothing related to EB applicants.
Also looks like Sec. 501 Earned Access to Legalization may apply only to illegals.
The more it is closer to amensty, it will not go forward.
Also looks like Sec. 501 Earned Access to Legalization may apply only to illegals.
The more it is closer to amensty, it will not go forward.
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GCtogo
09-24 01:42 PM
Hello Gurus,
I am also in the same situation. Last week, My desi employer gave me a deadline to find a project after which he will lay me off. On the same day my concurrently filed I-140(July 07 filed) was approved. I have also applied for EAD renewal. My approved H-1B petition has two more years. Now I am focussed more on finding a full time position. If I get one, should I ask the new company to transfer my H-1B visa or should I be using the EAD once I get it? What do you Gurus recommend? Any information on this will be really helpful for me in making up my mind.
My details:
PD: May 30th, 2006
EB2 India
Thanks
I am also in the same situation. Last week, My desi employer gave me a deadline to find a project after which he will lay me off. On the same day my concurrently filed I-140(July 07 filed) was approved. I have also applied for EAD renewal. My approved H-1B petition has two more years. Now I am focussed more on finding a full time position. If I get one, should I ask the new company to transfer my H-1B visa or should I be using the EAD once I get it? What do you Gurus recommend? Any information on this will be really helpful for me in making up my mind.
My details:
PD: May 30th, 2006
EB2 India
Thanks
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10-08 01:48 PM
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factoryman
07-02 01:26 AM
Will appreciate a reply. I have a few more minutes to spare for today.
US Consulate Mumbai published it's revised interview list for July. Quite a significant number of E3 cases has been scheduled.
US Consulate Mumbai published it's revised interview list for July. Quite a significant number of E3 cases has been scheduled.
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kondur_007
09-22 05:35 PM
LOA...means I am still employed without benefits ...at my old company.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
jonty_11
10-11 01:54 PM
Sent above to - letters@economist.com and
also to submit_help@aaas.org
also to submit_help@aaas.org
mpadapa
10-12 11:02 AM
..
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