n8900498
07-27 08:06 PM
I signed an employment agreement stating that if I had to leave my employer before getting my Green Card that I will be liable for all the fees pertaining to the Green Card application which my employer has been paying for while I am been employed by him.
I have heard that an employer cannot hold Green Card fees over an employee. I also believe if anything, the fees owing should drop according to the length of time that the employee has worked for that employer.
I have been with my current employer for 4 years now and I wish to leave him but I do not want to pay him for the Green Card fees as I believe that should be a business expense to him.
I would just like to know what are my rights in the above case
Best Regards
I have heard that an employer cannot hold Green Card fees over an employee. I also believe if anything, the fees owing should drop according to the length of time that the employee has worked for that employer.
I have been with my current employer for 4 years now and I wish to leave him but I do not want to pay him for the Green Card fees as I believe that should be a business expense to him.
I would just like to know what are my rights in the above case
Best Regards
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apahilaj
05-12 06:32 PM
I'm confused now - when we click on the link it just shows up as a 2 page document - where r u getting page 7 :)
The major northern blue states are going to VSC - Could you cut n paste where its send to TSC ??
If you live in: Mail your application to:
CT, DE, the District of Columbia, ME, MD, MA, NH, NJ, NY, PA, Puerto Rico, RI, VT, VA, WV, U.S. Virgin Islands This address may be used for both US Postal Service and private courier deliveries:
USCIS
Vermont Service Center
Attn: I-765
75 Lower Welden Street
St. Albans, VT 05479-0001
The direct mailing document has the following (if you do a Ctrl F and search for 485)
9) I-485 pending Please see page 7 of the form instructions for more information.
Now when I check page 7 of the instructions, it says send it to TX, if you are from NJ.
From Instructions form(page 8):
File Form I-765 with the Texas Service Center if you live in:
Alabama, Arkansas, Connecticut, Florida, Georgia,
Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico,
New York, North Carolina, South Carolina, Oklahoma,
Pennsylvania, Puerto Rico, Rhode Island, Tennessee,
Texas, Vermont, Virginia, U.S. Virgin Islands, West
Virginia or Washington, DC.
Texas Service Center Filings
If you are filing Form I-765 concurrently with Form I-485,
mail your Form I-765 to the address you will use to file
Form I-485.
If you are filing Form I-765 alone, mail your Form I-765
package to:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Did I interpret this incorrectly? If so, do I need to send the package again or wait for the texas center to return the package to me and then I can send it back to Vermont?
I'll call USCIS again tommorow to make sure.
The major northern blue states are going to VSC - Could you cut n paste where its send to TSC ??
If you live in: Mail your application to:
CT, DE, the District of Columbia, ME, MD, MA, NH, NJ, NY, PA, Puerto Rico, RI, VT, VA, WV, U.S. Virgin Islands This address may be used for both US Postal Service and private courier deliveries:
USCIS
Vermont Service Center
Attn: I-765
75 Lower Welden Street
St. Albans, VT 05479-0001
The direct mailing document has the following (if you do a Ctrl F and search for 485)
9) I-485 pending Please see page 7 of the form instructions for more information.
Now when I check page 7 of the instructions, it says send it to TX, if you are from NJ.
From Instructions form(page 8):
File Form I-765 with the Texas Service Center if you live in:
Alabama, Arkansas, Connecticut, Florida, Georgia,
Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico,
New York, North Carolina, South Carolina, Oklahoma,
Pennsylvania, Puerto Rico, Rhode Island, Tennessee,
Texas, Vermont, Virginia, U.S. Virgin Islands, West
Virginia or Washington, DC.
Texas Service Center Filings
If you are filing Form I-765 concurrently with Form I-485,
mail your Form I-765 to the address you will use to file
Form I-485.
If you are filing Form I-765 alone, mail your Form I-765
package to:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Did I interpret this incorrectly? If so, do I need to send the package again or wait for the texas center to return the package to me and then I can send it back to Vermont?
I'll call USCIS again tommorow to make sure.
bijualex29
09-13 04:09 PM
EAD comes to our home address or Lawyer's firm address, since I used G-28?
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parvezmusani
07-26 02:24 PM
All, please vote on this thread so that we can compare the numbers with "2010 last quater approval" thread and see the success rate....
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mbartosik
04-10 09:42 PM
$2700 inc filing fees H1B plus H4.
However, the value that my attorneys do add is that it is like a retainer, I can call them and email them for various advice and questions some of which do take their time to answer, I've even got affidavits out of them for related stuff that have clearly taken time to do.
Still dam expensive given that a paralegal does most of the work.
However, the value that my attorneys do add is that it is like a retainer, I can call them and email them for various advice and questions some of which do take their time to answer, I've even got affidavits out of them for related stuff that have clearly taken time to do.
Still dam expensive given that a paralegal does most of the work.
snathan
04-18 12:35 PM
Nice Work sphere41...
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snathan
02-04 12:57 AM
How does one pay taxes on NRE & FCNR accounts? I mean, Indian banks do not issue 1099-INT forms like US banks do. Do they issue some kind of certificate in lieu of that form? Calculating taxes on FCNR accounts can be little easier as they pay you interest in dollars, but how do you calculate taxes on NRE rupee accounts? At what conversion rate you convert your rupee interest in dollars? Also, I know you have to report your accounts abroad to the US treasury dept, ONLY if the total amount in those accounts together exceeds $10,000 any time in any year as instructed in 1040-Schedule B. So if it is below $10k, you do not need to report and if you do not report, then how do you pay taxes on it? If you still need to pay, then what documents you need to provide to IRS from your Indian bank?
I am pretty sure this can be very useful for those have or plan to have bank accounts in their native countries for meeting local expenses. So please share your knowledge and information here.
I am not sure about this, but I remember I read somewhere. You have report your foreign income only if you are alien resident(GC?) or citizen. So I am not sure for H1 to report eraned income in india...?
I am pretty sure this can be very useful for those have or plan to have bank accounts in their native countries for meeting local expenses. So please share your knowledge and information here.
I am not sure about this, but I remember I read somewhere. You have report your foreign income only if you are alien resident(GC?) or citizen. So I am not sure for H1 to report eraned income in india...?
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abq_gc
09-28 12:53 PM
Hello,
Here are my questions:
1) If I decide to work part time for another employer on my EAD card, does it mean that my H1-B with my current employer is invalidated ? Do I have to work for my current employer also on EAD card if I use it to work for some other employer? What other limitations do I have on EAD card ?
1a) Can I work for my present employer on H1-B and another employer at the same time on EAD card ?
2) Can I open my own company on EAD card and work for it ?
3) If I do work on EAD card, then will I absolutely need AP, to travel outside the country ?
4) For AC21, is it 180 days from Received date or Notice date ? If I do invoke AC21 after 180 days, do I have to return to my present sponsoring employer, when the I-485 application is being approved by USCIS ? Any other considerations that I will need to think about ? Will I need to inform the USCIS about my job change, and if yes, when is the right time in the process to do it ?
4a) Can I invoke AC21 while on EAD?
4b) Can I invoke AC21 while on H1-B ? If I can do this, will this simply be a H1-B transfer case ?
5) What can be the accepted change in salary ? Is 40-50% increase in salary ok ?
Thank you,
Abqgc
Here are my questions:
1) If I decide to work part time for another employer on my EAD card, does it mean that my H1-B with my current employer is invalidated ? Do I have to work for my current employer also on EAD card if I use it to work for some other employer? What other limitations do I have on EAD card ?
1a) Can I work for my present employer on H1-B and another employer at the same time on EAD card ?
2) Can I open my own company on EAD card and work for it ?
3) If I do work on EAD card, then will I absolutely need AP, to travel outside the country ?
4) For AC21, is it 180 days from Received date or Notice date ? If I do invoke AC21 after 180 days, do I have to return to my present sponsoring employer, when the I-485 application is being approved by USCIS ? Any other considerations that I will need to think about ? Will I need to inform the USCIS about my job change, and if yes, when is the right time in the process to do it ?
4a) Can I invoke AC21 while on EAD?
4b) Can I invoke AC21 while on H1-B ? If I can do this, will this simply be a H1-B transfer case ?
5) What can be the accepted change in salary ? Is 40-50% increase in salary ok ?
Thank you,
Abqgc
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Picasa
04-15 08:28 AM
Sorry for the late reply. I was out visiting my father.
Here is what I did.
� Applied the Advance Parole online the same day I heard the news that my father is not doing well.
� Told my family (back home) to scan all the reports and medical documents and send it to me via email.
� Booked �Info Pass� Appointment (I did not see the option for Advance Parole therefore booked it under EAD) for the next day I received all the documents via email
Took the following to the �Info Pass� interview
� All the medical records, doctors� analysis, CAT Scans & MRI reports.
� Advance Parole Receipt (Online application receipt)
� EAD Card
� I-485 & I-140 receipts (copies)
NOTE: I did not book the tickets before the �Info Pass� Appointment
Here is the �Info Pass� interview:
Officer called me ask me for the reason to issue emergency Advance Parole. I told the whole story and gave all the medical records. All reports were in the medical terms but fortunately in one of the report it was mentioned that this medical condition may because of stroke or brain injury.
Officer asked me to get all the reports in the layman�s language. I told officer that it may take additional week to get everything here and then requested him to please consider my case for the emergency Advance Parole. Officer told me to wait and then went to talk to the supervisor and I was told to wait in the waiting room. After 2 hours I was given the Advance Parole.
Here is the conclusion: Make sure to get the medical records translated in to the layman�s language.
Once again thanks to everyone for the valuable suggestions.
Here is what I did.
� Applied the Advance Parole online the same day I heard the news that my father is not doing well.
� Told my family (back home) to scan all the reports and medical documents and send it to me via email.
� Booked �Info Pass� Appointment (I did not see the option for Advance Parole therefore booked it under EAD) for the next day I received all the documents via email
Took the following to the �Info Pass� interview
� All the medical records, doctors� analysis, CAT Scans & MRI reports.
� Advance Parole Receipt (Online application receipt)
� EAD Card
� I-485 & I-140 receipts (copies)
NOTE: I did not book the tickets before the �Info Pass� Appointment
Here is the �Info Pass� interview:
Officer called me ask me for the reason to issue emergency Advance Parole. I told the whole story and gave all the medical records. All reports were in the medical terms but fortunately in one of the report it was mentioned that this medical condition may because of stroke or brain injury.
Officer asked me to get all the reports in the layman�s language. I told officer that it may take additional week to get everything here and then requested him to please consider my case for the emergency Advance Parole. Officer told me to wait and then went to talk to the supervisor and I was told to wait in the waiting room. After 2 hours I was given the Advance Parole.
Here is the conclusion: Make sure to get the medical records translated in to the layman�s language.
Once again thanks to everyone for the valuable suggestions.
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yagw
07-23 02:33 PM
just voted... for other polls i can see who voted what, but not in this. any idea why?
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canleo98
07-09 02:19 PM
I think your concern is similar to mine. There is nothing much you can do after you leave the company. The great thing is, you are protected by AC21. The challlenge using AC21 is
(1) AC21 letter MAY not go into your file
(2) NOID maybe issued inspite of you sending AC21 letter
(3) Some cases denials are issued erroneously and have to be reopened using MTR.
There is nothing much we can do when the previous employer withdraws 140.
IMHO - Lawyers MUST NEVER say "Wait until USCIS sends NOID to say yiou have ported off. Instead lawyers MUST say" Send AC21 docs ASAP to avoid NOID or denial due to errors" There has to be a mechanism to ensure the AC21 letter goes to your file.
Why must employer keep your petition when you are not in his company? So, lawyers always recommend employers to withdraw danngling petitions
I have also changed company as our US Division was merged with another company. I transferred my H1B to the new company. I have I-140 approved last year and filed for I-485 in July2007. My old company is not going to revoke my I-140. I asked my attorney to file for AC-21 with the USCIS. This is his reply. What do you guys think about informing USCIS and sending offer letter to them without RFE or NOID?
"It is not required to inform USCIS of your job change and your intent to use AC 21. You have an approved I-140 and I-485 has been pending for over 6 months. I have had clients who ported under same circumstances and received their greencards without issue. Also, there has been some incidences of I-140 being revoked especially for people from India. I am hesitant to submit such a notice to USCIS as I don't want to draw any attention to your case with the current revocation atmosphere."
(1) AC21 letter MAY not go into your file
(2) NOID maybe issued inspite of you sending AC21 letter
(3) Some cases denials are issued erroneously and have to be reopened using MTR.
There is nothing much we can do when the previous employer withdraws 140.
IMHO - Lawyers MUST NEVER say "Wait until USCIS sends NOID to say yiou have ported off. Instead lawyers MUST say" Send AC21 docs ASAP to avoid NOID or denial due to errors" There has to be a mechanism to ensure the AC21 letter goes to your file.
Why must employer keep your petition when you are not in his company? So, lawyers always recommend employers to withdraw danngling petitions
I have also changed company as our US Division was merged with another company. I transferred my H1B to the new company. I have I-140 approved last year and filed for I-485 in July2007. My old company is not going to revoke my I-140. I asked my attorney to file for AC-21 with the USCIS. This is his reply. What do you guys think about informing USCIS and sending offer letter to them without RFE or NOID?
"It is not required to inform USCIS of your job change and your intent to use AC 21. You have an approved I-140 and I-485 has been pending for over 6 months. I have had clients who ported under same circumstances and received their greencards without issue. Also, there has been some incidences of I-140 being revoked especially for people from India. I am hesitant to submit such a notice to USCIS as I don't want to draw any attention to your case with the current revocation atmosphere."
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Aaron Burgess
09-16 01:29 AM
Hey lostinbeta, I adore your Flash banner. Easy on the eyes, and fun to play with.
Sorry, wasn't mean to sound like I was attacking you, just though I'd give anyone who was interested a short lesson. :)
Have you seen pixel art using the chunky pixel technique? It's sort of like a cross between blocky, and structured dithering. I think the first time it was used was in the very early 90's, on a Sylvester Stalone portraite. That shook the graphician community I tell ya.
Sorry, wasn't mean to sound like I was attacking you, just though I'd give anyone who was interested a short lesson. :)
Have you seen pixel art using the chunky pixel technique? It's sort of like a cross between blocky, and structured dithering. I think the first time it was used was in the very early 90's, on a Sylvester Stalone portraite. That shook the graphician community I tell ya.
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anilsal
10-13 02:33 PM
Any idea how long it takes for the I-797A to reach the attorney's office from the day the H1 petition is approved?
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gcgamble
07-20 11:40 AM
If any one has UnitedNations(Naveed Yusuf) contact information .
I greatly appreciate if you can post it here or send me a private message .
I greatly appreciate if you can post it here or send me a private message .
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lazycis
02-05 02:31 PM
read this carefully she is talking about another part-time H1 to work for second employer not EAD. At least that is my reading of the situation. so you lose H1 if you use EAD for even part time employment but it can be regained.
No, she is just saying that one can use EAD or H1 for part-time employment.
No, she is just saying that one can use EAD or H1 for part-time employment.
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H1B-GC
02-25 05:37 PM
At the same time we should not forget that
1) If/When labor substitution is banned, many labors coming out of PBEC/DBEC will be useless. My guess is this number will be big. How many folks from 2000/2001 are still in the same firm at the same position/salary?
2) With advanced degree in STEM + 3 years work-ex now not a part of this number, this will bring some relief
3) PhD's will not be counted against the cap
Wouldn't #1 and #2 above make a significant difference?
1) No one really knows on how the impact be when labor substitution is banned and how many beneficiaries be counted due to the change.The Edison,NJ based 420's will take collateral impact on this pending change.
2)But pls. take a note that about 40% of 290K(Taking into consideration half of worldwide EB visas go unused) unused visas will now go to EB5 category and not EB1-3 that earlier used to be.
3) I feel that by 2007 there will backlog elimination center for I-485 and FBI Name Check.you guys don't think this would be reality in near future waiting for 2-3 years for I-485 approval??USCIS adjudicating so many cases?? sorry but i'm pessimistic on this side.USCIS never were and never would be immigrant friendly.My $.02
1) If/When labor substitution is banned, many labors coming out of PBEC/DBEC will be useless. My guess is this number will be big. How many folks from 2000/2001 are still in the same firm at the same position/salary?
2) With advanced degree in STEM + 3 years work-ex now not a part of this number, this will bring some relief
3) PhD's will not be counted against the cap
Wouldn't #1 and #2 above make a significant difference?
1) No one really knows on how the impact be when labor substitution is banned and how many beneficiaries be counted due to the change.The Edison,NJ based 420's will take collateral impact on this pending change.
2)But pls. take a note that about 40% of 290K(Taking into consideration half of worldwide EB visas go unused) unused visas will now go to EB5 category and not EB1-3 that earlier used to be.
3) I feel that by 2007 there will backlog elimination center for I-485 and FBI Name Check.you guys don't think this would be reality in near future waiting for 2-3 years for I-485 approval??USCIS adjudicating so many cases?? sorry but i'm pessimistic on this side.USCIS never were and never would be immigrant friendly.My $.02
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abhijitp
01-15 06:15 PM
http://blogs.ilw.com/gregsiskind/
Greg Siskind's blog has the banner ad now.
By the way, some have expressed concern that participating in the campaign could somehow jeopardize your green card application. That is absolutely NOT the case and you should not fear exercising your free speech.
(Copied from Greg Siskind's blog)
Greg Siskind's blog has the banner ad now.
By the way, some have expressed concern that participating in the campaign could somehow jeopardize your green card application. That is absolutely NOT the case and you should not fear exercising your free speech.
(Copied from Greg Siskind's blog)
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rahulpaper
07-24 12:13 PM
You should be able to come back on H1B and she on F1 because she does not have an 485 pending. Unless she has 485 application pending she should have no issues using F1. If you go this path you can apply her as dependent later (post marriage) only when your PD is being current and USCIS is accepting applications.
You have to weigh if you get married immediately are you able to file her application before the door closes on aug 17th (your wifes :Birth certificate, marriage certificate, medical report needed) vs. go on as is and file her in next opportunity. ALSO..REMEMBER if you marry immediately then there are few more things to think about...i.e 485 pending dependent with F1 will need EAD and AP before they travel out of country...
This is my opinion...I am not a lawyer. Please consult a lawyer for legal advise
My employer has decided to concurrently file for my I-140 and I-485 in EB2 category. The application will be submitted to USCIS by Aug 1.
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
You have to weigh if you get married immediately are you able to file her application before the door closes on aug 17th (your wifes :Birth certificate, marriage certificate, medical report needed) vs. go on as is and file her in next opportunity. ALSO..REMEMBER if you marry immediately then there are few more things to think about...i.e 485 pending dependent with F1 will need EAD and AP before they travel out of country...
This is my opinion...I am not a lawyer. Please consult a lawyer for legal advise
My employer has decided to concurrently file for my I-140 and I-485 in EB2 category. The application will be submitted to USCIS by Aug 1.
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
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arnab221
10-30 10:21 AM
Looks like he has got a better job offer from LouDobbs , ALIPAC or Zazona .
gokhale35
03-02 08:25 PM
Thank you ZCool for the information. This is very important for someone who is contemplating Canadian GC when US GC application is in process. Quick question: Do you mind sharing those websites that mentions about "new immigrants and job situation" etc. that you referred in your point # 2.
Monkeyman, ZCool and gokhale35 -
Do you recommend any websites that would provide comprehensive information on Canadian GC procedure - other than Canada's official website?
Few things to note:
One should have the right to pursue anywhere's GC and it should not automatically affect anything in process. Applying for canadian GC and doing a landing are two different things. Of course at the time of landing you will need to decide which one u want to stick with for future. So what zCool mentioned , I dont think applying for canadian GC demonstrates an intent to abandon your in-process AOS application,especially with severe retrogression.
I do know of cases where after getting canadian GC and completeting landing , their intentions have been questioned, which is very reasonable. But have not heard of any case where just applying for it is enough to abandon your AOS. If someone is willing to back that claim with experiences please post.
Also regarding the job market, you do need to realize that it is not as big as US market. So getting a nice decent job of your liking is not going to be easy thing. But it is not as bad as posted on some websites. When you make up your mind to move, it would help to look for job in canada while you are present in US as your search is perceived differently.
Monkeyman, ZCool and gokhale35 -
Do you recommend any websites that would provide comprehensive information on Canadian GC procedure - other than Canada's official website?
Few things to note:
One should have the right to pursue anywhere's GC and it should not automatically affect anything in process. Applying for canadian GC and doing a landing are two different things. Of course at the time of landing you will need to decide which one u want to stick with for future. So what zCool mentioned , I dont think applying for canadian GC demonstrates an intent to abandon your in-process AOS application,especially with severe retrogression.
I do know of cases where after getting canadian GC and completeting landing , their intentions have been questioned, which is very reasonable. But have not heard of any case where just applying for it is enough to abandon your AOS. If someone is willing to back that claim with experiences please post.
Also regarding the job market, you do need to realize that it is not as big as US market. So getting a nice decent job of your liking is not going to be easy thing. But it is not as bad as posted on some websites. When you make up your mind to move, it would help to look for job in canada while you are present in US as your search is perceived differently.
InTheMoment
02-21 12:38 AM
This video has already made the round on Imm Voice a few months back. I believe that is when we put our own video though maybe not countering one on one, but at least the idea came up to put a video from the highly silled legal perspective.
And btw sghatty was only bring this back to the discussion on the kind exaggerated propanganda that is being propagated....consequently the name calling is uncalled for !
And btw sghatty was only bring this back to the discussion on the kind exaggerated propanganda that is being propagated....consequently the name calling is uncalled for !
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