prom hair 2011
xu1
04-08 06:02 PM
Then what do you do if you dont have a candian permit ??
A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.
A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.
mikemeyers
11-07 04:00 PM
Can anyone else have opinion on this?
sanjeev.mehra@gmail.com
08-06 09:40 AM
Thanks for your response.
God bless U all.
God bless U all.
Macaca
04-22 09:07 AM
Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
more...
sbajaj80
09-14 09:05 AM
Our checks were cashed yesterday. Receipt notice date for application is 9/8.
sbmallik
05-29 10:15 AM
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
more...
Arvin_H1
08-18 10:11 PM
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
sixburgh
07-16 11:10 PM
I am not sure if my reply is correct.
But if the dates are current for you, can you just not reapply for 485 ?
But if the dates are current for you, can you just not reapply for 485 ?
more...
vgayalu
01-20 07:13 PM
At this time ,if IV is able to anounce clearly about I 485 filing option trails,
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
kamakya
05-14 11:38 AM
If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
more...
wandmaker
12-18 11:41 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
Dhundhun
06-07 06:04 PM
At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
more...
nvmurali
06-02 04:39 PM
You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)
indianabacklog
04-17 09:18 AM
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.
This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.
This whole story is getting more curious.
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.
This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.
This whole story is getting more curious.
more...
SAPGURU
01-05 08:21 AM
Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.
insbaby
04-30 12:45 PM
Why is the issue date matter?
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
more...
pappu
01-29 12:51 AM
Could someone here take the responsibility to organize the first confrence call for all TX members? pls get together on a conf call and discuss action items.
lecter
August 2nd, 2005, 11:43 PM
Mats is on the money for sure. A 350D or a D70s (or D50) with a kit lens will make your millenia.
I bought a 20D as a backup, knock about camera for Africa. It's a good wee beast. But not in your budget range. But it's the obvious next step.
We can hardly wait for the ** which is ##MP and ##fps.
hehe
Rob
I bought a 20D as a backup, knock about camera for Africa. It's a good wee beast. But not in your budget range. But it's the obvious next step.
We can hardly wait for the ** which is ##MP and ##fps.
hehe
Rob
surabhi
05-21 11:56 AM
see my seond posting below from murthy.com forum. You should be able to port the PD
good luck
good luck
Libra
08-31 12:03 PM
All midwest members please go to this thread and cast your vote
http://immigrationvoice.org/forum/showthread.php?t=12599
http://immigrationvoice.org/forum/showthread.php?t=12599
eilsoe
10-02 02:48 PM
It's for Filter Queen Danmark A/S... my dad and I, plus one of his friends have been working on www.filterqueen.dk for some months now, now our client wants a pacman style game too...
Ilyas is doing me a favor by coding it.. :) I'm doing all the designing and graphic work.
You can ask him if you want in too, w're gonna need that tile engine thingy, you saw yourself how the game lagged...
Anyone who helps wil get their name in the credits on filterqueen.dk of course...
Ilyas is doing me a favor by coding it.. :) I'm doing all the designing and graphic work.
You can ask him if you want in too, w're gonna need that tile engine thingy, you saw yourself how the game lagged...
Anyone who helps wil get their name in the credits on filterqueen.dk of course...
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