godbless
11-01 02:56 PM
My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?
komaragiri
08-10 11:55 AM
It's on it's way.
saveimmigration
10-12 11:53 AM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
akred
10-08 12:40 AM
Here's another article on the same issue: http://www.financialexpress.com/news/expats-will-have-to-make-pf-payments-in-india/358603/1
To sum it up:
Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.
My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
To sum it up:
Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.
My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
more...
walking_dude
08-04 11:03 AM
Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.
acecupid
07-08 04:39 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
more...
dilipb
02-09 09:56 PM
PD should be current at the date of approval too.
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
viswanadh73
01-03 04:08 PM
thanks Ramba. so under normal conditions if both the cases x and Y are preapproved and once Visa numbers are available x will get GC first as he has earlier PD.will we get any notification once our case is preapproved?
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sunny1000
03-10 03:19 PM
My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
seeniraj
03-20 10:47 PM
Do you know the reason for the 140 denial ?
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vasa
05-25 07:44 AM
Sent
EkAurAaya
06-19 11:11 AM
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
Story of my life :D
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
Story of my life :D
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
more...
eilsoe
10-02 02:42 PM
haha, flex, i think pom is talking about my game (project)... :P
Now where's that wallpaper section...?
Now where's that wallpaper section...?
abhijitp
08-01 07:42 PM
hi:
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Do you mean Progressive Experience Letters for the EB-2? If so, you probably do not qualify as before joining this current employer you did not have 5 years of experience (unless you have a Masters, in which case you don't care for Prog. Exp. letters).
If EB-3 why care, unless you mean just plain old "service certificate".. not sure if that makes a difference at all.
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Do you mean Progressive Experience Letters for the EB-2? If so, you probably do not qualify as before joining this current employer you did not have 5 years of experience (unless you have a Masters, in which case you don't care for Prog. Exp. letters).
If EB-3 why care, unless you mean just plain old "service certificate".. not sure if that makes a difference at all.
more...
hibworker
09-22 03:18 PM
Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.
Your EB3 applicaiton will not be affected by this new application.
The whole process upto I-140 may cost $10k-15k
Your EB3 applicaiton will not be affected by this new application.
The whole process upto I-140 may cost $10k-15k
trueguy
08-28 02:09 PM
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
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vivache
10-04 05:42 PM
Hi Thomas
That sounds perfect.
To clarify.
1. When did you go for the stamping?
2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."
Thanks
Vivek
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
That sounds perfect.
To clarify.
1. When did you go for the stamping?
2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."
Thanks
Vivek
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
gcpain
07-24 04:42 PM
Thanks for clarification.
psaxena
10-07 03:18 PM
Forget all the middle vendor and lawsuit , nobody will do anything.. In CA if you not aware, there is no legally binding contract that can restrict and employee to work for any employer. Non compete agreements also do not work there, these are just fear tactics. I left my employer and joined the client , and did this 2 times and also that too not even in CA , in other states. Noone did nothing, because it cost time and money and unless there is a 100% chance for the other party to win , they will not get into the lawsuit and stuff as it cost a lot of time and money.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
qualified_trash
11-16 09:53 AM
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
rjgleason
March 3rd, 2004, 06:52 PM
Its a great shot and I like the way there is the "light and the end of the tunnel"
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