sanju
09-09 09:13 PM
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
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Soul
02-16 07:41 PM
Haha yeh it was Eilsoe, but thats what makes a good battle...tension!
I suppose this way we're both happy? :beam:
- Soul :goatee:
I suppose this way we're both happy? :beam:
- Soul :goatee:
hindu_king
08-13 04:11 PM
Just wanted to see how many duplicate application USCIS will get this week.
- My lawyer wants to refile (with no addional lawyer fees). Does it make any sense to re-file?
- Is there a vote somewhere that shows how many july 2 files received receipt notices?
- My lawyer wants to refile (with no addional lawyer fees). Does it make any sense to re-file?
- Is there a vote somewhere that shows how many july 2 files received receipt notices?
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krishna_brc
05-15 06:00 PM
What is the situation of India Masters degree who are in EB2.
Do they qualify to be excluded from the annual quota as per this new law. :confused:
Do they qualify to be excluded from the annual quota as per this new law. :confused:
more...
sdeshpan
11-26 06:03 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
I second this...
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
I second this...
vdlrao
06-04 06:47 PM
which VB are you quoting..link doesnt work...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see the VB now its working.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see the VB now its working.
more...
alterego
11-02 01:14 PM
Eb3I may nudge forward a little bit. Sadly that won't be very helpful to most folks on this board. Visa recapture is the only thing that can help near term. In the interim, administrative fixes, rule clarifications, USCIS efficiencies in application processings, Data transparency, though not glamorous victories as say visa recapture. Nonetheless make the path somewhat more comfortable and predictable.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
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jethro11
04-20 09:10 AM
Hi,
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
more...
rahulpaper
09-09 11:52 AM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
Thanks
Rahul
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
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485Mbe4001
05-15 05:52 PM
officially eb2 or 3 application is based on the qualifications required for the job and not on your education status, there are hundreds with masters who are on eb3
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
more...
golgappas
04-01 03:35 PM
Fax sent by Superape, Leena, Nikhil and I
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alisa
03-29 01:31 AM
^^^^
This is the most important thing right now.
Members needed in Wisconsin. Please PM me.
This is the most important thing right now.
Members needed in Wisconsin. Please PM me.
more...
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Widget
04-15 10:25 AM
Thanks
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
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bestia
01-26 10:30 PM
Here it is
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
more...
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jonty_11
09-30 02:43 PM
Hi,
AP E filing needs us to enter teh USCIS office that our application is peninding..
How to get that...My receipt number starts with SRC
AP E filing needs us to enter teh USCIS office that our application is peninding..
How to get that...My receipt number starts with SRC
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venkygct
08-31 02:06 AM
^^^^
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Macaca
09-03 09:57 AM
Even Workers in U.S. Illegally Pay Tax Man, By Miriam Jordan | WALL STREET JOURNAL, April 4, 2007
From Confiscating Contributions (http://www.nilc.org/immlawpolicy/CIR/socialsecurity_confcontrib_2007-05-01_iru.pdf) By JONATHAN BLAZER | Public Benefits Policy Attorney and JOSH BERNSTEIN | Director of Federal Policy, May 10, 2007
Peter Goss, Social Security’s Chief Actuary, has estimated that three quarters of undocumented immigrants pay payroll taxes. This generates $6 to $7 billion per year in Social Security tax revenue and $1.5 billion in Medicare taxes.
According to the U.S. Internal Revenue Service, undocumented noncitizens paid almost $50 billion in federal taxes from 1996 to 2003. Recent reports from across the country indicate that during the 2007 tax season, record numbers of undocumented people filed tax returns.
As IRS Commissioner Mark Everson, a former immigration official, stated in testimony before Congress last year, “If someone is working without authorization in this country, he or she is not absolved of tax liability.” In a more recent speech to the National Press Club, Everson added, “We want your money whether you are here legally or not and whether you earned it legally or not.”
Tax returns rise for immigrants in U.S. Illegally (http://www.nytimes.com/2007/04/16/nyregion/16immig.html?_r=1&oref=slogin) By Nina Bernstein | New York Times, Aprol 2006 2006
Illegal Immigrants are bolstering Social Security with Billions (http://www.nytimes.com/2005/04/05/business/05immigration.html) By Educardo Porter | New York Times, April 5 2005
From Confiscating Contributions (http://www.nilc.org/immlawpolicy/CIR/socialsecurity_confcontrib_2007-05-01_iru.pdf) By JONATHAN BLAZER | Public Benefits Policy Attorney and JOSH BERNSTEIN | Director of Federal Policy, May 10, 2007
Peter Goss, Social Security’s Chief Actuary, has estimated that three quarters of undocumented immigrants pay payroll taxes. This generates $6 to $7 billion per year in Social Security tax revenue and $1.5 billion in Medicare taxes.
According to the U.S. Internal Revenue Service, undocumented noncitizens paid almost $50 billion in federal taxes from 1996 to 2003. Recent reports from across the country indicate that during the 2007 tax season, record numbers of undocumented people filed tax returns.
As IRS Commissioner Mark Everson, a former immigration official, stated in testimony before Congress last year, “If someone is working without authorization in this country, he or she is not absolved of tax liability.” In a more recent speech to the National Press Club, Everson added, “We want your money whether you are here legally or not and whether you earned it legally or not.”
Tax returns rise for immigrants in U.S. Illegally (http://www.nytimes.com/2007/04/16/nyregion/16immig.html?_r=1&oref=slogin) By Nina Bernstein | New York Times, Aprol 2006 2006
Illegal Immigrants are bolstering Social Security with Billions (http://www.nytimes.com/2005/04/05/business/05immigration.html) By Educardo Porter | New York Times, April 5 2005
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GCBy3000
07-27 04:47 PM
Read the two stories for break.
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
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peacock
07-19 10:33 AM
Hi
You can skip skin test and just straight away get a Xray done.
Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .
You can skip skin test and just straight away get a Xray done.
Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .
vicky007
12-15 01:01 PM
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
garybanz
11-02 02:16 PM
Papu,
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
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