eastindia
08-20 12:06 PM
Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
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dbevis
October 19th, 2003, 09:41 PM
i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.
This gave the shot a very surreal look.
Don
This gave the shot a very surreal look.
Don
gcformeornot
04-07 01:48 PM
I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
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ItIsNotFunny
12-02 01:34 PM
Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
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SandeR2
03-23 03:15 AM
Hey i dont see my entrie in the list :( or do I need to submit it as a new piece.
Bolt
04-23 11:48 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
more...
blacktongue
01-20 11:32 AM
Any EB3 here?
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
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GCwaitforever
09-25 05:34 PM
My credit union gives mortgage with higher rates for non-GC folks. I also lost on scholarships for not having a GC.
Coming back to the original post, Carbon proposed a great out-of-the-box idea. Nothing wrong in selling this idea to NAHB. They are sitting on their profits from last few years and would not mind sponsoring any IV events at DC perhaps.
Coming back to the original post, Carbon proposed a great out-of-the-box idea. Nothing wrong in selling this idea to NAHB. They are sitting on their profits from last few years and would not mind sponsoring any IV events at DC perhaps.
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admin
06-04 06:44 AM
The Heritage Foundation is a powerful Conservative Think Tank based out of Washington DC.
More at http://www.heritage.org
More at http://www.heritage.org
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my2cents
08-04 03:53 PM
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
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psam
12-15 08:49 PM
I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
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senthil1
06-11 10:47 PM
1. Legally speaking he has to leave immeditely. But INS is not inhuman in those cases. If he finds a job within a few weeks he should be ok unless his previous company cancels H1b.
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
more...
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zCool
07-27 03:17 PM
Do you work for some desi consultant who is trying to hold you?
Even then Attoreny making willful mistake to help your employer hold you is rare..
I have never heard you not needing signature.
In fact not having signature is reason enough for denial.
Even then Attoreny making willful mistake to help your employer hold you is rare..
I have never heard you not needing signature.
In fact not having signature is reason enough for denial.
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pointlesswait
06-04 10:23 AM
looks like yours is a small bank..
call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!
call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!
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smmakani
05-14 07:20 PM
Thanks IV Core. We are all with you.
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Sunx_2004
05-14 04:42 PM
I was under impression that there is last quarter quota still remain...
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
more...
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piyu7444
05-08 07:16 PM
thanks piyu7444 ... dont we all love green (like green card, green car, green back ...)
Yeah man atleast I do love all the greeeeeeeeensssssssss from dot to dollar....lol
Yeah man atleast I do love all the greeeeeeeeensssssssss from dot to dollar....lol
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msp1976
10-16 10:14 AM
What are you saying? Health Services dismal? I thought it was better than US in many aspects. The cost is cheap for treatment (unless you have some uncommon disease. Since the system is churning up so many doctors, there is a lot of competition. Even in small villages you will find many doctors competing for patients. Maybe that is not true for everywhere, but that is what I have seen in my home state Haryana.
Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO
You can get reasonable education and health care in India if you are in the top 10% income range. You can get reasonable eduction and health care in US if you are in the top 50% income rage. That is the main difference...
Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO
You can get reasonable education and health care in India if you are in the top 10% income range. You can get reasonable eduction and health care in US if you are in the top 50% income rage. That is the main difference...
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venky08
08-06 03:05 AM
capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.
andycool
04-07 01:47 PM
I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
I think basically it talks about - Same Labor Being Used Twice or more :rolleyes:
Correct me if i am wrong .
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
I think basically it talks about - Same Labor Being Used Twice or more :rolleyes:
Correct me if i am wrong .
snathan
05-19 03:06 PM
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
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