ItIsNotFunny
11-18 06:00 PM
I did not invoke AC21 because of the very same reason. My decision had influence of attorney advise.
Hello Gurus,
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
Hello Gurus,
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
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rajeshalex
06-18 12:15 PM
It appears that most of the one sided agreeements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
mhtanim
09-26 01:54 PM
AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .
My AP and EAD both came to me directly.
My AP and EAD both came to me directly.
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loti_GC
04-27 12:45 PM
The instructions will provide you with an (800) number to call to make an appointment to go to the nearest Application Support Center (ASC) to have your INDEX PRINT AND PHOTO TAKEN. PLEASE CALL IMMEDIATELY AND MAKE AN APPOINTMENT. When you call the (800) number, please select the FINGERPRINTING OPTION.
Above instructions are not correct anymore. You will be sent a letter for ASC appointment, you don't need to call.
Above instructions are not correct anymore. You will be sent a letter for ASC appointment, you don't need to call.
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chanduv23
02-07 02:14 PM
I think we need to be careful these kind of conversations aren't detrimental to the current campaign and to IV. I am new here, but I do also feel the drive that chanduv23 has and you know, sometimes you do feel like posting it everywhere and on your forehead. This backlog situation sometimes gets the better of us! I am all for organizing too, we need that. But I do sympathize with those who feel desperate to reach as many visitors as possible. There are still folk out there who would like to send their letter, let's encourage them and still be organized. I promise to keep my posts to threads already existing from now on. Thanks :)
Nothing wrong in posting threads that help support a cause. My question to all those who are attacking me - why are we fighting among ourselves? Why can we not work towards the goal?
Please keep up the good work - you are doing a great job.
Nothing wrong in posting threads that help support a cause. My question to all those who are attacking me - why are we fighting among ourselves? Why can we not work towards the goal?
Please keep up the good work - you are doing a great job.
satish_hello
09-21 10:48 AM
I got my EAD Physical CARD for both of us, and AP Approved and received yesterday.Waiting for FP
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved @NSC .
I-485 - Sent July6th. @NSC----> Transferred CSC(WAC)---> back to NSC again.
EAD- Card Received
AP - Approved.
FP- ?
AD -?
---------------------------------
Contributed $100 for Rally.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved @NSC .
I-485 - Sent July6th. @NSC----> Transferred CSC(WAC)---> back to NSC again.
EAD- Card Received
AP - Approved.
FP- ?
AD -?
---------------------------------
Contributed $100 for Rally.
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vishi1480
07-20 04:50 PM
My BC does not contain my mother's name. I am getting an affidavit from my parents to support my BC. Do I also need a document from Municipal Registrar similar to what is needed if Birth Certificate is missing? Thanks!
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shree772000
09-11 10:51 PM
If you have a project, there are companies who will keep $6 hr and 10% as payroll taxes.
Let me know, if you want more details.
P.S. I am not connected with the company, but I know people who worked in that company for years.
I know of a company which will keep $2 + 10% for payroll taxes. A lot better than the one above.
There is so much competetion in this space that people have reduced their margins to next to nothing.
Let me know, if you want more details.
P.S. I am not connected with the company, but I know people who worked in that company for years.
I know of a company which will keep $2 + 10% for payroll taxes. A lot better than the one above.
There is so much competetion in this space that people have reduced their margins to next to nothing.
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RandyK
02-16 01:40 AM
:cool:
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GC_ASP
03-08 01:47 PM
Zcool,
Sorry to hear that. My friend also got very much similar RFE for H1 extension. Company replied to the RFE with the help of one of the best attorney's. It has been almost 3 months since he replied. But no action so far from USCIS. He is using AP to travel to india. There is always a chance that USCIS may issue a RFE on your 140 as well. My friend is planning to change the employer to avoid this mess. Consult a good attorney to come out of this.
good luck.
Sorry to hear that. My friend also got very much similar RFE for H1 extension. Company replied to the RFE with the help of one of the best attorney's. It has been almost 3 months since he replied. But no action so far from USCIS. He is using AP to travel to india. There is always a chance that USCIS may issue a RFE on your 140 as well. My friend is planning to change the employer to avoid this mess. Consult a good attorney to come out of this.
good luck.
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mukraw6
10-16 06:45 PM
I would strongly suggest to not to put your application jeopardy because what you are trying to get merge into is entirely and absolutely a different job function and you will be carrying heavy weight of questions by the concerned authority as it by no means or ways match the work what you are into currently.
It will highly likely attract the concentration. Also, I dont think the title or work of "recruiter" is a highly skilled work which the autorities will, if and for any LCA, approve as such. You dont need to be highly skilled for it. College pass outs people can do that. This much is enough for your understanding and rest is what you decide eventually.
It will highly likely attract the concentration. Also, I dont think the title or work of "recruiter" is a highly skilled work which the autorities will, if and for any LCA, approve as such. You dont need to be highly skilled for it. College pass outs people can do that. This much is enough for your understanding and rest is what you decide eventually.
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bugsbunny
04-15 03:22 PM
immigration related frequently asked questions
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
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MYGCBY2010
10-16 12:41 PM
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
Online status would change if you have a RFE on your AP(as matter of fact for all forms)... Normally it says "A notice was sent asking for additional evidence"
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
Online status would change if you have a RFE on your AP(as matter of fact for all forms)... Normally it says "A notice was sent asking for additional evidence"
tattoo Spring Flowers Wallpaper
punjabi77
09-10 11:49 PM
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
I do understand there are expenses incurred on the employer side too.
Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
I do understand there are expenses incurred on the employer side too.
Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..
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waitforgc1
02-10 01:34 PM
The main difference is maintaining the similar job profile until you get GC while switching jobs.
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ChainReaction
10-19 09:26 AM
I have my I-140 approved from previous employer , and my labor for the current employer is stuck at BEC center. Can i get a three year extension on my H1b ? OR the I-140 has to be from the current employer?
Thanks
Thanks
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Lasantha
06-25 01:27 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your question is not clear but when you say I-94 I assume you mean the I-94 that you got the last time you entered the country, right? The expiration date on that has nothing to do with your status as long you have an approved I-797 for your H1B extension till April 2008. You are in status till that time.
But you do need an unexpired Visa stamp on your passport if you leave the country and want to come back to the US.
So the way I see it, even after filing 485 you will continue to be in status till April 2008 and then I am sure you will extend that for another term if your I-485 is still pending.
As for going to Canada to get a new I-94, it may not work because they do not make you surrender your old I-94 when you go to Canada and so therefore do not issue a new I94 when you return after a short trip to Canada.
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your question is not clear but when you say I-94 I assume you mean the I-94 that you got the last time you entered the country, right? The expiration date on that has nothing to do with your status as long you have an approved I-797 for your H1B extension till April 2008. You are in status till that time.
But you do need an unexpired Visa stamp on your passport if you leave the country and want to come back to the US.
So the way I see it, even after filing 485 you will continue to be in status till April 2008 and then I am sure you will extend that for another term if your I-485 is still pending.
As for going to Canada to get a new I-94, it may not work because they do not make you surrender your old I-94 when you go to Canada and so therefore do not issue a new I94 when you return after a short trip to Canada.
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gc_maine2
05-15 08:44 AM
apahilaj,
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Just a quick update
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Just a quick update
Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.
So the mailing address to Mesquite, TX turned out to be the correct location for me to file...
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sands_14
10-06 12:35 PM
But remember that this does NOT include 3 LARGE groups of potential EB's:
1. Those who have NOTHING filed with USCIS yet, since their LC is still at the BEC==>THIS IS CORRECT
2. Those whose I-140's have been approved, but can't file I-485 yet.==>I THINK THIS HAS BEEN TAKEN ACCOUNT OF BY USCIS.
3. The dependants of (1) and (2).==>THIS IS CORRECT
None of the above would be counted as having a 'pending' case with USCIS.==>nO.2 HAS BEEN ACCOUNTED FOR
1. Those who have NOTHING filed with USCIS yet, since their LC is still at the BEC==>THIS IS CORRECT
2. Those whose I-140's have been approved, but can't file I-485 yet.==>I THINK THIS HAS BEEN TAKEN ACCOUNT OF BY USCIS.
3. The dependants of (1) and (2).==>THIS IS CORRECT
None of the above would be counted as having a 'pending' case with USCIS.==>nO.2 HAS BEEN ACCOUNTED FOR
bhatiap
07-03 05:26 PM
I have sent an email to US Senator Dianne Feinstein, California.
Please send an email to your Senators.
Please send an email to your Senators.
wildvoice
12-11 02:35 PM
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
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