nrk
11-30 12:44 PM
congrats..
QUOTE=EkAurAaya;1129101]Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless![/QUOTE]
QUOTE=EkAurAaya;1129101]Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless![/QUOTE]
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arnet
07-05 04:38 PM
there are few famous talk show hosts in KABC radio (Southern california), atleast 5 of them, who have larger listeners and they have devoted one hour everyday regd immigration issues (until they kill this CIR bill because they dont like amnesty issue), they do usually their programs from morning 8am and 5pm-11pm, so I request IV core team to contact their producers using their 1-800 numbers and explain the other side of story i.e. documented workers and how they suffer and what relief this bill can provide us.
for more details, please visit:
http://www.kabc.com/home.asp
IV core team: please contact Rush Limbaugh's talk show host, he has atleast a million listeners.
Thanks.:)
for more details, please visit:
http://www.kabc.com/home.asp
IV core team: please contact Rush Limbaugh's talk show host, he has atleast a million listeners.
Thanks.:)
ganguteli
04-06 03:44 PM
HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
you created a new account just to post this? :)
Let us talk about what good immigrants have done like opening companies, creating jobs, inventions etc.
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
you created a new account just to post this? :)
Let us talk about what good immigrants have done like opening companies, creating jobs, inventions etc.
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alterego
06-13 06:06 PM
The benefits to the porting are obvious. However let me share with you the considerations:
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
more...
voldemar
12-11 02:28 PM
It makes no difference whether they allow concurrent filing of 140/485 or not That's not always true. Without concurrent filing my son will not be able to file 485 because he will turn 21 at that time. And I'm pretty sure there are other cases when concurrent filing was very helpful.
thepaew
02-19 06:11 PM
The Swiss do not break down the source of the Indian money and it could all be EU accounts of Indian companies that have operations in Europe. We just do not know. As Switzerland has the lowest tax in Europe, a lot of companies with operations in Europe have accounts there.
If India had sensible policies it could generate Trillions of $s and this 1.4T would not matter.
I am trying to start a Pvt Ltd in India and it takes about 40 days and $3000 to get started. In MA, it takes a few hours and less money despite the much higher lawyer fees here. No wonder the country is poor. It is not the corrupt people but the honest (but incompetent) people who do more damage by slowing the pace of business.
The path to hell is paved with good intentions.
In case you are interested to see how difficult it just to start a company there, here is a link
http://hkhurana.wordpress.com/2008/11/09/incorporating-a-private-limited-company-in-india/
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won’t be fighting for GC here these westerns at our door step.
If India had sensible policies it could generate Trillions of $s and this 1.4T would not matter.
I am trying to start a Pvt Ltd in India and it takes about 40 days and $3000 to get started. In MA, it takes a few hours and less money despite the much higher lawyer fees here. No wonder the country is poor. It is not the corrupt people but the honest (but incompetent) people who do more damage by slowing the pace of business.
The path to hell is paved with good intentions.
In case you are interested to see how difficult it just to start a company there, here is a link
http://hkhurana.wordpress.com/2008/11/09/incorporating-a-private-limited-company-in-india/
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won’t be fighting for GC here these westerns at our door step.
more...
gondalguru
07-16 03:50 PM
Whoever opened this post about retrogression, close this stupid post.
Previous months everyone was discussing on how the dates should move, how to avoid retrogress.
Now when the dates have moved, now some idiots are speculating on when and how the dates should retrogress.
Guys get a life, focus on the core element here, the element is to relieve ourselves and others from backlog. Read all these posts, what are we you all focusing on when dates will Retrogress
What you get in life is what you attract and think. Think positive and positivity will come to you, if you keep questioning it, then you can join the long line of suckers and whiners.
Close this damn post and all the people who have to give their 2 smart cents on retrogress, call among each other or open something of your own.
All these messages which you are posting will just break our spirit. Administrator, please close these posts.
Relax. Take it easy. What makes you so angry. People are just expressing their views.
Previous months everyone was discussing on how the dates should move, how to avoid retrogress.
Now when the dates have moved, now some idiots are speculating on when and how the dates should retrogress.
Guys get a life, focus on the core element here, the element is to relieve ourselves and others from backlog. Read all these posts, what are we you all focusing on when dates will Retrogress
What you get in life is what you attract and think. Think positive and positivity will come to you, if you keep questioning it, then you can join the long line of suckers and whiners.
Close this damn post and all the people who have to give their 2 smart cents on retrogress, call among each other or open something of your own.
All these messages which you are posting will just break our spirit. Administrator, please close these posts.
Relax. Take it easy. What makes you so angry. People are just expressing their views.
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sheela
10-07 06:57 PM
Are there any restrictions on accepting salary-hike or salary-drop after 180 days. If so, upto what % increase/decrease is okay while changing jobs.
Please, share your thoughts.
PS:Just before filing my AOS I had promotion offer but HR/attorney said title and salary needs to be same as in LC or else it may jeopardise gc process. The max salaray increase allowed to me was 8%.
I understand after 180 days we are free to accept 'similar' jobs but how about salary increase or worst si, if salaray drops
Please, share your thoughts.
PS:Just before filing my AOS I had promotion offer but HR/attorney said title and salary needs to be same as in LC or else it may jeopardise gc process. The max salaray increase allowed to me was 8%.
I understand after 180 days we are free to accept 'similar' jobs but how about salary increase or worst si, if salaray drops
more...
gcnirvana
05-17 05:52 PM
Sorry to bump it up as I know all are busy glued to the CIR thread and applying 485. But I have an appoitment with the local immi officer and thought any advice here would supplement my discussion with him/her. Thanks again!
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sunny1000
07-15 06:41 PM
Compile a list of famous immigrants like Albert Einstien, Madelene Albright, Henry Kissinger. Add to that the list of doctors, scientists who were immigrants and benefited mankind. Change the mental image of the immigrant as a low wage seeking, will work for food worker.
Bring out the other side of the story. Let Lou Dobbs fight history and deny it.
Add Gov.Arnold Schwazenegger, Senator Mel Martinez, Gen.John M.Shalikashvili (former chairman of the Joint Chiefs), Gov.Jennifer Granholm, Late Peter Jennings, Commerce Secretary Carlos Gutierrez, Labor Secretary Elaine Chao
Bring out the other side of the story. Let Lou Dobbs fight history and deny it.
Add Gov.Arnold Schwazenegger, Senator Mel Martinez, Gen.John M.Shalikashvili (former chairman of the Joint Chiefs), Gov.Jennifer Granholm, Late Peter Jennings, Commerce Secretary Carlos Gutierrez, Labor Secretary Elaine Chao
more...
americandesi
01-29 09:55 PM
Thank u so much for the info you've collected. In my case, PP expiry is sometime in August. So no issues with that. And I assume the I-94 date issue is applicable only if I used the AP instead of AVR while coming back.
And yes, as per Murthy's site, I'd be carrying the telegram with me to show the IO if needed. And yes...you are right. Its only good NOT to lie to the IO at the POE and promptly tell him that I had been to Canada for landing purpose. But the negative side to this would be a possible RFE on the pending 485 as per this link: http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=3274000912&m=8451014631&showpollresults=Y
After analysing the situation on that link, I think its wise NOT to LAND in Canada for a PR status while 485 is pending although some people can get lucky if the IO doesn't notice. Some IOs (who are good :)) might even not make an entry on your record even after knowing that you are back from Canada after accepting PR which is another luck scenario. But in the worst case scenario, an RFE on 485 is definitely not a good sign even if there could be ways to get thru it by replying back with reason etc...Bottom line, the 485 adjudication can take a while and might even get rejected with this RFE what with all the stringent laws and scrutinization.
Thoughts appreciated...
If you go through the thread for I-485 RFE on Canadian PR it mentions that
“Service records shows that you filed canadian P.R after you submitted your application for P.R in US.”
As long as you have applied for Canadian PR before filing for US GC there shouldn’t be any problems. My best guess for the source of this RFE is the FBI finger printing submitted towards Canadian PR and not the IO at the POE.
And yes, as per Murthy's site, I'd be carrying the telegram with me to show the IO if needed. And yes...you are right. Its only good NOT to lie to the IO at the POE and promptly tell him that I had been to Canada for landing purpose. But the negative side to this would be a possible RFE on the pending 485 as per this link: http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=3274000912&m=8451014631&showpollresults=Y
After analysing the situation on that link, I think its wise NOT to LAND in Canada for a PR status while 485 is pending although some people can get lucky if the IO doesn't notice. Some IOs (who are good :)) might even not make an entry on your record even after knowing that you are back from Canada after accepting PR which is another luck scenario. But in the worst case scenario, an RFE on 485 is definitely not a good sign even if there could be ways to get thru it by replying back with reason etc...Bottom line, the 485 adjudication can take a while and might even get rejected with this RFE what with all the stringent laws and scrutinization.
Thoughts appreciated...
If you go through the thread for I-485 RFE on Canadian PR it mentions that
“Service records shows that you filed canadian P.R after you submitted your application for P.R in US.”
As long as you have applied for Canadian PR before filing for US GC there shouldn’t be any problems. My best guess for the source of this RFE is the FBI finger printing submitted towards Canadian PR and not the IO at the POE.
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lfgc
04-04 09:24 AM
usually, non-profit work may seem thankless & there'll always be someone who can find something -ve...I mean you have so much population that difference of opinion is easy. But, non-profit work is always more close to the heart...so...keep chugging...IV team has done GREAT work till now...appreciate it much!
more...
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anilsal
08-31 10:34 AM
from IL?
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kumarc123
11-24 02:53 PM
Instead of asking for more bread, we are fighting ferociously for the scraps like dogs!
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
I agree with you my friend, lets see if this guy really shows up for the rally in Dc.
All those who wants to divide EB2 and EB3, can wait for their part of bread crumbs. I want the whole slice of bread, for which I believe a recapture visa bill is necessary.
I am coming to DC rally and for the Lobby. Are you? Are you going to sit home, watch TV news or will you be the part of making that news?
Administrator please close this thread, we are IV a united team and not EB2 or EB3.
All the junior members who are joining remember, July fiasco happened because IV stood united as a community and not as a division.
It is a team play, haven't we all worked in US to understand the importance of team work?
Stand together or stand alone and wait to be blown away like a single leaf, CHOICE IS YOUR'S
We are not fighting for the one side cause but for EB community as a WHOLE
Walking dude soon we should start contacting the media groups about a big rally to held in March for legal immigrants.
1. Lets spread the word about the rally
2. The selfish ones on EAD who reply " I have EAD , I don't care" Ask them with the current economic situation, how long will they be able to retain their jobs? Secondly with the current bulletin status, are they ready to wait for next long years?
If it is a wise person, they will come to their senses.
Coolpal, I hope you are with us in this fight for recapture.
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
I agree with you my friend, lets see if this guy really shows up for the rally in Dc.
All those who wants to divide EB2 and EB3, can wait for their part of bread crumbs. I want the whole slice of bread, for which I believe a recapture visa bill is necessary.
I am coming to DC rally and for the Lobby. Are you? Are you going to sit home, watch TV news or will you be the part of making that news?
Administrator please close this thread, we are IV a united team and not EB2 or EB3.
All the junior members who are joining remember, July fiasco happened because IV stood united as a community and not as a division.
It is a team play, haven't we all worked in US to understand the importance of team work?
Stand together or stand alone and wait to be blown away like a single leaf, CHOICE IS YOUR'S
We are not fighting for the one side cause but for EB community as a WHOLE
Walking dude soon we should start contacting the media groups about a big rally to held in March for legal immigrants.
1. Lets spread the word about the rally
2. The selfish ones on EAD who reply " I have EAD , I don't care" Ask them with the current economic situation, how long will they be able to retain their jobs? Secondly with the current bulletin status, are they ready to wait for next long years?
If it is a wise person, they will come to their senses.
Coolpal, I hope you are with us in this fight for recapture.
more...
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Macaca
03-07 08:24 PM
Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and Damaris Del Valle. Note: Authors are immigration lawyers.
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 isthe party desiring premium process and who will benefit from such processing,9 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 isthe party desiring premium process and who will benefit from such processing,9 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.
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TexDBoy
06-17 05:43 PM
Employee is responsible for the accuracy of the time sheet submitted for payroll. If Nathuram-daulathram-desi-Company pays you and we did not get the money from the client, he/she are responsible to reimburse Nathuram-daulathram-desi-Company all the amount that is under dispute within 5 business days. Employee is responsible for all the legal and administrative costs (attorney, collections etc) for enforcing the above terms. All disputes will be settled according to the laws of the sate of NJ.
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
more...
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foobar2001
07-10 09:01 AM
somewhat tangential question - how does one give green?? (or red) -- i cant for the life of me figure out where to click on a posting to vote it up or down!
ah - never mind - i see it now, after one logs in! :)
ah - never mind - i see it now, after one logs in! :)
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poorslumdog
03-18 11:48 AM
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
For all those retards giving red dots....all I am saying is there is one more thread in forum check for it....
A&$ H$#les...
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
For all those retards giving red dots....all I am saying is there is one more thread in forum check for it....
A&$ H$#les...
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gcformeornot
02-15 11:15 AM
I applied my first H1B extension through my company in June 2008. On 11th Feb, I received REF. I am very much tense about it. Since I am out of project. I got cleared my I 140 with this company in July 2008.
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
months you are out of projects? if its more than 60 days then even though if you transfer to other company they will ask for pay stubs..... which you may/may not have......
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
months you are out of projects? if its more than 60 days then even though if you transfer to other company they will ask for pay stubs..... which you may/may not have......
eager_immi
01-25 12:49 PM
Even the documet is going to be voluntary. No fear :)
Why don't we just voluntarily mention the amount that we contributed in our signatures ? Since contributions are voluntary, so should be the option of disclosing information on it. When many contributing members start furnishing their contribtion information voluntarily, it becomes the "fashion" and others will follow suit, as no one wants to look like a free-rider.
As for the veracity of the information, we got to trust each other on that and follow an audit policy- I assume the core members/ administrators have the ability to cross-check the contribution information if someone looks suspicious. Anyone caught furnishing false information can be blacklisted. Such a policy minimises the work of the core team, without being overly intrusive.
Why don't we just voluntarily mention the amount that we contributed in our signatures ? Since contributions are voluntary, so should be the option of disclosing information on it. When many contributing members start furnishing their contribtion information voluntarily, it becomes the "fashion" and others will follow suit, as no one wants to look like a free-rider.
As for the veracity of the information, we got to trust each other on that and follow an audit policy- I assume the core members/ administrators have the ability to cross-check the contribution information if someone looks suspicious. Anyone caught furnishing false information can be blacklisted. Such a policy minimises the work of the core team, without being overly intrusive.
gcnirvana
05-24 06:58 PM
Where did you see/hear this?
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.
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