sirinme
12-02 02:38 PM
Not sure if I can make it in person, but I will contribute $100. This is on top of my monthly contribution.
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Waitingnvain
08-04 03:36 PM
I believe one will be eligible for SS after attaining 40 credits. There is no residency requirement. WRT 401K, you might ending up paying a penalty of 10% in addition to 30% tax.
GCSOON-Ihope
11-03 04:04 PM
Hi,
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
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hebron
08-16 01:47 PM
If the employer did not pay you salary that he agreed to pay then you could complain to DOL. You stand a sure chance to get paid if you bring this to DOL's notice. You can do this anonymously. DOL would also slap your employer with a fine and he would be banned from hiring H1-B workers for few years.
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pappu
03-17 03:53 PM
Some recent news from USCIS.
======================================
H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
======================================
H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
srkamath
07-16 10:47 PM
^^
immi_seeker, you applied for an EAD extension in a normal time frame, he/she didn't apply too early.
We know for a fact that they give 1 year EAD the first time round, we are not sure if they also give renewals i exactly one year increments.
Assuming that an adjudicating officer approved your EAD, I still believe that they did so because they expect to decide on your case by the end of this year, which is good news for all of us.
I'm not trying to falsely raise your hopes here, but i'm just drawing optimistic conclusions.
immi_seeker, you applied for an EAD extension in a normal time frame, he/she didn't apply too early.
We know for a fact that they give 1 year EAD the first time round, we are not sure if they also give renewals i exactly one year increments.
Assuming that an adjudicating officer approved your EAD, I still believe that they did so because they expect to decide on your case by the end of this year, which is good news for all of us.
I'm not trying to falsely raise your hopes here, but i'm just drawing optimistic conclusions.
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guy03062
04-17 11:22 AM
Also when last year, congress approved recaptured 50,000 visas per year for Nurses, USCIS updated it immediately after Bush signed the law and also published interim visa bulletin to reflect those changes.
Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
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jkays94
04-09 11:22 AM
Its still better to try than not to try at all. If any IV members are in Sensenbrenner's, Peter King's (NY) (co-sponsor HR4437) districts as well as Lamar Smith's (TX) they could try and set up some meetings. I think meetings may potentially have a positive effect. As is evident from other postings, some congressional staff members do not know the difference between GC's and H1-Bs, others view high skilled workers the same way they view low skilled workers, and others have no idea about the hardships EB applicants go through, yet it is these same staff members who are charged with keeping the law makers informed or conducting research. While it might be futile to try in some of these cases, it doesn't hurt to do so.
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grupak
11-26 04:42 PM
To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
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chanduv23
07-21 03:17 PM
I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens
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zCool
04-13 06:36 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
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santb1975
02-13 04:57 PM
We have to do this
Lets do it for us!
Lets do it for us!
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GCisLottery
11-02 10:35 AM
Folks,
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
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ruchigup
08-22 04:16 PM
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Yes my employer is supportive with respect to not revoking I-140.
Yes my employer is supportive with respect to not revoking I-140.
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bmoni
01-22 04:33 PM
Talk to your attorney. I think recent supreme court rule gives us the ability to appeal it. If it was an wrongful denial.
Don't lose your hope. Keep up the fight.
Don't lose your hope. Keep up the fight.
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hiralal
09-16 10:49 PM
done ..I would urge all to do the same !!
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lkapildev
11-13 04:21 PM
You may be lucky You can have a GC without I-140 approval. True. Your GC status is subject to I-140 Approval
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
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breddy2000
09-18 07:43 AM
I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
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shana04
07-16 06:38 PM
I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.
My previous employer had a copy of I-94 (previous) so requested him to provide that. He ack that he had but was trying to get excuses as to not provide it.
Can you provide more details on the RFE ?
RFE was to provide my spouse status before applying for I 485 and one of the document was to provide I-94 (as there won't be any initial status document for dependent, it was only H4 stamping in the passport)
Attorney answered this question
My previous employer had a copy of I-94 (previous) so requested him to provide that. He ack that he had but was trying to get excuses as to not provide it.
Can you provide more details on the RFE ?
RFE was to provide my spouse status before applying for I 485 and one of the document was to provide I-94 (as there won't be any initial status document for dependent, it was only H4 stamping in the passport)
Attorney answered this question
gova123
08-02 05:37 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
simple1
06-12 06:04 PM
Looks like msingh is an anti immigrant from loser’s guild and not a real singh/sikh or even remotely asian-indian.
msingh is right now on googling to find out who is manmohan. :D
Paaji msingh, Try contacting Manmohan Singh.
msingh is right now on googling to find out who is manmohan. :D
Paaji msingh, Try contacting Manmohan Singh.
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