texcan
02-16 12:51 PM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
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thomachan72
03-31 03:31 PM
Congrats. Don't lose it. Enjoy your freedom.
What about you? your PD is current right? any chance that you will get it soon?
What about you? your PD is current right? any chance that you will get it soon?
ppt.b
05-16 09:36 AM
Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.
EB3 as well because I know many i-485 fillers who have MS degree in US but due to some reason theirr employers filled their LC in EB3 category. So it will benefit all EB categories.
Lets try our best to make it a success!!!!:)
EB3 as well because I know many i-485 fillers who have MS degree in US but due to some reason theirr employers filled their LC in EB3 category. So it will benefit all EB categories.
Lets try our best to make it a success!!!!:)
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eldrick
08-16 02:49 PM
I guess we dont have a choice but to pay.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
more...
glus
07-29 10:53 AM
As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.
In short it is not easy to go back full time studying while your I-485 is pending.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
In short it is not easy to go back full time studying while your I-485 is pending.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
rajuram
03-24 11:24 PM
Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
more...
fullerene
11-17 01:30 PM
H1 application for 2008 starts from April 1, 2007. I believe-before that date, HR of big companies should have recruiting policy for the year already. So it might be diffult for them to adjust if the bill is passed after April 1.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
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YesGC_NoGC
03-19 10:06 PM
There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
more...
go_guy123
01-04 10:30 AM
This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.
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desi3933
03-03 10:48 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
more...
sapota
10-23 12:07 PM
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
Premium processing for I-140 has been suspended by USCIS. Ask your lawyer if he has read news lately.
2. How long will be until this I-140 gets approved? Anyone who did this lately?
I am sure quite a few people applied for I-140(I would guess around 150-200k) among the 320k people who filed these stages because of July VB fiasco. Looks like it will take an year just for I-140 approvals (We need to really observe USCIS trend & guidance after July VB fiasco
3. I�m filling I-140 together with I-485. It matters, time PP wise?
I am assuming your priority date is current. Again no PP for I-140.
4. Is there another�next step� towards the GC or just wait for those to be approved?
I-485 is the final step.
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
It generally costs about $2k per applicant (multiply this by members of your family going to apply I-485 with you)for I-485 (lawyer + filing fees) & $1.5k for I-140(this is just for you not including Premium processing)
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
If your priority date stays current, my guess is that you are looking at another year or wait for your actual GC. But you would get interim benefits like EAD, AP, AC21 after you apply for I-485. google?
You are already 6 years & $35k in the hole. Want to save that investment or cut your losses. Personal opinion matters in that decision.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Welcome
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
Premium processing for I-140 has been suspended by USCIS. Ask your lawyer if he has read news lately.
2. How long will be until this I-140 gets approved? Anyone who did this lately?
I am sure quite a few people applied for I-140(I would guess around 150-200k) among the 320k people who filed these stages because of July VB fiasco. Looks like it will take an year just for I-140 approvals (We need to really observe USCIS trend & guidance after July VB fiasco
3. I�m filling I-140 together with I-485. It matters, time PP wise?
I am assuming your priority date is current. Again no PP for I-140.
4. Is there another�next step� towards the GC or just wait for those to be approved?
I-485 is the final step.
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
It generally costs about $2k per applicant (multiply this by members of your family going to apply I-485 with you)for I-485 (lawyer + filing fees) & $1.5k for I-140(this is just for you not including Premium processing)
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
If your priority date stays current, my guess is that you are looking at another year or wait for your actual GC. But you would get interim benefits like EAD, AP, AC21 after you apply for I-485. google?
You are already 6 years & $35k in the hole. Want to save that investment or cut your losses. Personal opinion matters in that decision.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Welcome
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sunny1000
10-01 07:09 PM
What is the status of this bill ? Anyone?
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
dead.
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
dead.
more...
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sk.aggarwal
09-21 10:14 AM
I had been a sort of similar situation. My friend and I worked for different companies through the same consulting company. After my project finished, my friend recommended me to his employer and I got a full time position and joined them. My previous employer got to know about this and sued me for stupid and fake charges. I had to hire a lawyer and defend myself and it was finally settled. During the course, I spent over 8K in attorney fees and 10K was settlement amount. Cost could have crossed 20K more in attorney fees if I would not have settled and it would have gone to litigation.
Moral of the story: Law Suits are expressive and scumbag companies don't care. Do what you can to avoid confrontation. I am not trying to scare you but things can turn nasty. You may just want to talk to your old company and try to reason with them. Good Luck with what you do.
Moral of the story: Law Suits are expressive and scumbag companies don't care. Do what you can to avoid confrontation. I am not trying to scare you but things can turn nasty. You may just want to talk to your old company and try to reason with them. Good Luck with what you do.
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kittu1991
03-18 04:54 PM
She can apply for EAD now and once she gets it she can apply for SSN.
more...
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Roger Binny
01-25 09:06 PM
Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
+1 and simply awesome.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
+1 and simply awesome.
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texcan
02-21 12:03 AM
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
more...
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ski_dude12
12-26 12:21 AM
What is the name of your employer? Atleast that will help other members in making the right choice.
Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.
Sure, would contribute to IV, you are doing great service.
Thank You all for your support by answering my queries. Will keep you posting the progress. Hope things will work out fine.
Sure, would contribute to IV, you are doing great service.
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wangwei417
05-18 12:22 PM
Great works, guys. :o
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indyanguy
09-11 10:30 AM
So, is MS + 2 the safest way to go? Also, what is the min. salary requirement that DOL accepts if a job requires MS + 2 (say in CA).
clockwork
02-02 06:51 PM
I do not know anyone personal. My company uses fragomen and the lawyer assigned for my case sounds knowledgeable.
nik.patelc
10-23 06:36 PM
I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
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