redgreen
07-15 10:31 AM
It is clearly written in the instruction of I-765 that :
"Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"
Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!
Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.
Many lawyers don't know anything other than making money.
"Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"
Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!
Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.
Many lawyers don't know anything other than making money.
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Dhundhun
08-13 01:30 PM
~~ bump ~~
(IVans, got four REDs for this thread)
(IVans, got four REDs for this thread)
Libra
08-03 10:17 AM
Guys, please consider contributing for sept rally............
2011 Lisa Lazarus Biography
intheyan
09-30 03:10 PM
Does we need to keep track of the period for our next FP or does the USCIS send as a letter every year to do our finger prints?
more...
jsb
08-04 11:28 AM
While it brought results to the frustrated person who took this extreme step, the question is, is it the most efficient way to get cases cleared?
anandrajesh
04-07 11:40 PM
I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Dont worry about it. Enjoy your cruise trip.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Dont worry about it. Enjoy your cruise trip.
more...
amitkhare77
01-30 10:00 AM
please see my response
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
2010 Lisa, who will be 21 next week
lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
more...
jungalee43
01-10 08:12 AM
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
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indiablues
12-28 08:31 AM
Thank you everyone for the reply.
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bbenhill
03-11 03:01 PM
Thank you sooo much .. this link will help me a lot .. :) I guess I can knowtry to push their insurance :)
Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)
Find out the reason why that "Employment Insurance" rejected the coverage.
My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.
Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.
Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)
Find out the reason why that "Employment Insurance" rejected the coverage.
My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.
Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.
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snathan
02-11 12:20 AM
Please contribute
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
more...
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jvordar
04-07 05:48 PM
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
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ckichannagari
11-09 04:40 PM
from Texas
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pictures Liza Lazarus Boyfriend
ronhira
10-05 09:34 PM
Neil, Hoffman, Greg, IIya, ,
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
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vfx
07-17 04:49 PM
The July 2nd bulletin is withdrawn and the initial July bulletin holds
more...
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nk2006
08-04 10:02 AM
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.
This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.
On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.
Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.
This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.
On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.
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rajev_kk
10-10 04:55 PM
You have slogged all these years. Take a break, have a Kit-Kat and take a vacation in Italy. Have heard it's pretty good. Have a good time.
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nepaliboy
05-17 04:37 PM
Its a worth to try..give it a shot..take Infopass or call nation server center etc..
i took infopass last week and went to atlanta to see io he shedule my fingerprint appointment for may 28 2008 and told me i will receive apointment letter with in one week and i am waiting for letter.
i called service center 3 times open 3 sr request for finter print appointment but nothing happen so i took infopass last week so it good idea to take infopass .
i took infopass last week and went to atlanta to see io he shedule my fingerprint appointment for may 28 2008 and told me i will receive apointment letter with in one week and i am waiting for letter.
i called service center 3 times open 3 sr request for finter print appointment but nothing happen so i took infopass last week so it good idea to take infopass .
jfredr
07-26 01:49 PM
my colleague whose 485 was mailed on june 27th had his checked cleared yesterday.
busy
03-08 10:05 PM
Hi,
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
