Legal
12-27 09:58 AM
We cannot save for our children's college in college savings plan as every plan needs a GC.
NOT TRUE.
You are considered a permanent resident for tax purposes. :mad:
If you noticed carefully most mutual fund application forms ask "are you a
resident of US? " i.e they are asking you "are you a resident for tax purpsoses". You are not visiting US of r6 months or you are not trying to open an account while living in India. Just say YES;)
NOT TRUE.
You are considered a permanent resident for tax purposes. :mad:
If you noticed carefully most mutual fund application forms ask "are you a
resident of US? " i.e they are asking you "are you a resident for tax purpsoses". You are not visiting US of r6 months or you are not trying to open an account while living in India. Just say YES;)
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pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
skark
03-21 05:31 PM
Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
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Legal_In_A_Limbo
03-10 09:12 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
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pappu
01-16 09:44 AM
Thank you Anurakt and others that have signed up. Anurakt I am sure this time our members will take up your challange and make you pay $500
sprash
02-02 01:42 PM
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
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ramus
07-05 02:02 PM
Can we please stop this discussion and follow some action items...
Lets stop this now...
Thanks...
Lets stop this now...
Thanks...
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tikka
08-05 08:33 PM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 12:00pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 12:00pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
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dilber
06-26 05:28 PM
May be you scared the USCIS with your phone calls and they just wanted you out of their systems. So that you don't rally other people and then they might have to really become efficient.:cool:
BTW really happy for you... enjoy:o
I got a red for this with comment "bhaag saale, really happy for you? kaam c=dhanda nahi hai kya?"
Translation: Get lost you idiot, happy for you? don't you have any other work?
Not that I care about it too much but shouldn't highly skilled people be more responsible, and courteous. :cool:
BTW really happy for you... enjoy:o
I got a red for this with comment "bhaag saale, really happy for you? kaam c=dhanda nahi hai kya?"
Translation: Get lost you idiot, happy for you? don't you have any other work?
Not that I care about it too much but shouldn't highly skilled people be more responsible, and courteous. :cool:
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vaishalikumar
08-16 02:18 PM
It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?
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lord_labaku
07-11 12:50 PM
I dont think USCIS intends to take out the visa numbers for them.
DOS (who publishes the visa bulletin) wants USCIS to take out the numbers....but USCIS sits all day scratching their bottoms & not approving any cases with current priority dates.
P.S : Pardon my crassness; but people waiting in line would definitely understand frustration.
DOS (who publishes the visa bulletin) wants USCIS to take out the numbers....but USCIS sits all day scratching their bottoms & not approving any cases with current priority dates.
P.S : Pardon my crassness; but people waiting in line would definitely understand frustration.
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gauravster
11-12 04:58 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
If spillover happens, it will go to EB2 India sure. But getting the visas used is better than having them wasted. Also, though remote, everyone in EB3 does have a remote chance that at sometime, they might be ported to EB2. For example, those who have EAD, but working with a different employer now (after getting EAD) can ask for the employer to file a new application and be eligible for EB2. Some in same company may also be able to apply for porting.
There is no problem in having multiple fronts of attack to the problem.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
If spillover happens, it will go to EB2 India sure. But getting the visas used is better than having them wasted. Also, though remote, everyone in EB3 does have a remote chance that at sometime, they might be ported to EB2. For example, those who have EAD, but working with a different employer now (after getting EAD) can ask for the employer to file a new application and be eligible for EB2. Some in same company may also be able to apply for porting.
There is no problem in having multiple fronts of attack to the problem.
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sameer2730
03-12 11:22 AM
First of all I don't know who sachbole is ?
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embarrassment of its exact value to your listeners!"
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embarrassment of its exact value to your listeners!"
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chintu25
07-09 03:11 PM
Way to Go Azulay Horn & Seiden, LLC
Rock On We are with u :) :cool:
Rock On We are with u :) :cool:
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mdcowboy
06-10 07:42 PM
sent it to my friends too..this bill is ridiculous!:mad:
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Slave_2k
10-12 02:55 PM
The information that we are trying to capture is already with IV. It will be nice if they can actually come up with a neat report on that. What say guys?
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alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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setpit_gc
04-22 02:15 AM
Hi
I am on H1 and have approved EAD.
Do I need to send H1 copy or EAD copy along with other documents for AP renewal?
Thanks for your help!.
I am on H1 and have approved EAD.
Do I need to send H1 copy or EAD copy along with other documents for AP renewal?
Thanks for your help!.
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stucklabor
07-24 02:15 PM
JCmenon,
No offense taken.
But any other IV core member is going to give the same answer, poll or no poll. Even if all 5000 IV members tell the core group to lobby USCIS to allow 485 filing with visa number unavailability, the answer is going to be the same - that is a request to USCIS to break the law, hence IV will not waste any time on it.
And it is sad that you think that voicing your opinion will get you banned from the IV site.
No offense taken.
But any other IV core member is going to give the same answer, poll or no poll. Even if all 5000 IV members tell the core group to lobby USCIS to allow 485 filing with visa number unavailability, the answer is going to be the same - that is a request to USCIS to break the law, hence IV will not waste any time on it.
And it is sad that you think that voicing your opinion will get you banned from the IV site.
johnmcdonald98
07-05 12:19 PM
I go against this idea, because this doesn't work out logistically.
First as others pointed out traffic will be way less as soon as IV charges,
second, what would be the cut-off? $5 or $100? So if person who paid $5 might get the same privileges as guys who paid $1000? Is it fair, then you need to come up with normal, premium membership etc..
Third, as soon as you make people pay, they become more demanding as they need to know where their each cents have been spent. I guess then IV core member needs to answer questions related to this more than actual issues
by the way who and where do they keep the accounting in IV?
First as others pointed out traffic will be way less as soon as IV charges,
second, what would be the cut-off? $5 or $100? So if person who paid $5 might get the same privileges as guys who paid $1000? Is it fair, then you need to come up with normal, premium membership etc..
Third, as soon as you make people pay, they become more demanding as they need to know where their each cents have been spent. I guess then IV core member needs to answer questions related to this more than actual issues
by the way who and where do they keep the accounting in IV?
sc3
10-16 01:49 PM
yesterday some one left a red saying "go and sleep in your bedroom or something like that" :D,
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
First: Disabuse yourself of the notion that Gandhigiri had anything to do with the backtrack of the July 07 fiasco. There were other more pressing (and effective) organizations that helped reverse the situation.
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
First: Disabuse yourself of the notion that Gandhigiri had anything to do with the backtrack of the July 07 fiasco. There were other more pressing (and effective) organizations that helped reverse the situation.
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.