пятница, 17 июня 2011 г.

corey taylor

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  • martinvisalaw
    07-16 05:59 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R

    It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

    As regards whether a reimbursement agreement is enforceable - it depends on state law.




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  • nixstor
    06-28 02:57 PM
    Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.

    dpp,

    I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert




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  • gc_check
    07-14 07:18 PM
    My lawyer has everything ready to go, Will monitor the situation and will decide accordingly... Most likely, looks like mine will be applied towards the end of July... Also depends on what August VB has to offer, but her concerns are what if USCIS not receipt nor reject and hold the papers, saying the cases are subject to litigation and will not process until a court decides....? etc... and mean time if the dates become current.... what needs to be done...

    Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....

    Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected




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  • raysaikat
    05-07 11:10 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    62.42(a)
    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    62.42(b)
    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    62.42(c)
    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.

    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?

    It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).

    In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.



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  • YesGC_NoGC
    04-14 10:44 PM
    CAn some one create survey for this?




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  • ronhira
    04-26 07:44 PM
    this is how cir will end..... with a procedural vote -
    Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)

    bet $100?



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  • whitetiger0811
    01-12 10:34 AM
    AB1275, an update on your case? How did the MTR go??? Please provide more details and update.




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  • factoryman
    06-19 01:31 PM
    Don't know what the officer will do. Don't tell me I didn't tell you.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




    any members planning consular processing in delhi ???
    please respond



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  • milind70
    10-15 02:03 PM
    Hi,

    Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??

    goodluck,
    vaishu

    I think not since his PD is 2006.




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  • averagedesi
    08-27 08:24 PM
    The only way I got to a rep is not choosing any option, the system assumes you are on rotary dial and connects you to a human



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  • bsbawa10
    09-06 08:51 AM
    What an efficiency and consistency ? And we think Indian govt. offices are slow and inefficient. This is far worse than any other thing that I have heard of. The irony of it is that it is happening in US.




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  • needGCcool
    09-04 10:10 AM
    Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.

    I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?



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  • morchu
    04-27 05:18 PM
    No. Applying for new H1-visa-stamp at a consulate, invalidates your existing H1-visa-stamp.
    If the new visa is not granted or somehow one goes into 221(g)
    waiting for some check, what happens then? Can you still come back on current visa?

    Thanks.




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  • gopinathan
    04-13 01:55 PM
    braindrain - can you please update on your parents visa please ..

    I have a similar issue that I need some guidance..

    My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.

    Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.

    how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)

    thanks
    Gopi



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  • Ann Ruben
    04-17 12:32 PM
    Yes, absolutely.




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  • pcs
    07-31 01:51 PM
    Please share the info


    thanks



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  • rb_248
    08-02 02:59 PM
    I use my pigeon for delivery. It reaches on time every time.




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  • grupak
    03-14 04:41 PM
    Infact I know one Texas member who has contributed a percentage of his tax return last year, and will be doing it again.

    BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.

    Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)




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  • lalitjain2002
    04-14 11:22 PM
    All,

    I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
    1) I work with a company who applied for my labor last year, its approved and now they are filling 140
    2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
    3) My wife works in a company who wont apply for her Green Card they dont have a policy
    4) Her visa expires after 2 yrs ...
    5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
    6) Assuming she gets 140 in next 2 yrs before her visa is expired.

    Questions .....
    a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
    b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.

    Experts please guide me if this plan would work and if yes how much would it cost me ...

    Thanks in advance ..
    Lalit




    ggc
    10-16 03:44 PM
    My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
    Interview letter says bring following documents:

    All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.

    I have few questions on this:

    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
    separate or can we go at the same time?
    2. Do I need to carry employer tax returns also?
    3. Do I need to carry affidavit of support for my wife?
    4. Are there any documents that I need to carry apart from mentioned in the above list?

    Also if you have attended interview in San Jose field office, please share your experience.

    Thanks.




    paskal
    08-23 11:19 AM
    "Anything that can possibly go wrong Does"

    but:

    make your best efforts then hope for the best.
    that is the better line......

    what will happen will. no point expecting the worst. good things happen to those that do their best. we make our own destinies...hey i could go on all day...

    let's do the needful. come to DC. help with rally preparations
    if you don't have a local chapter- help organize one. otherwise join your chapter!



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