sands_14
04-10 10:02 PM
Which is better if you have 10% down payment only?
FHA loan or conventional?I am told that for 10% down,its very tough to get conventional loans.Is that correct?Please advise.
FHA loan or conventional?I am told that for 10% down,its very tough to get conventional loans.Is that correct?Please advise.
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wandmaker
12-30 12:17 PM
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
We need to identify number of people who can really make a big chunk of one time contribution (like $500,$1000,$2000), and we should aim at scoring atleast 2000 committed members, so that per person share would be $500. Once we have the pledge from committed members; IV shall announce the fund raising day (instead of fund raising thread) in advance, all committed members will contribute the same day (optimistic).
We need to identify number of people who can really make a big chunk of one time contribution (like $500,$1000,$2000), and we should aim at scoring atleast 2000 committed members, so that per person share would be $500. Once we have the pledge from committed members; IV shall announce the fund raising day (instead of fund raising thread) in advance, all committed members will contribute the same day (optimistic).
desi3933
07-18 03:31 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Yes.
2. Yes
3. Yes
__________________
Not a legal advice.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Yes.
2. Yes
3. Yes
__________________
Not a legal advice.
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pani_6
07-03 11:12 AM
EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
more...
chintu25
08-07 09:27 AM
Relax Bro ..That is the old one delete the thread if possible
kshitijnt
07-17 12:44 PM
I am pretty happy with this result. USCIS must be held accountable to a reasonable extent. We are not paying their retirement plans for free with endless pockets.
more...
vikki76
04-21 05:43 PM
This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through
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GetGC08
05-10 04:45 PM
Hi All,
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
more...
dingudi
03-05 01:57 PM
Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed
If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.
If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.
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Jaime
08-01 10:30 AM
KXAN reporter Matt Flener requested the following:
I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
"A fair chance" - what a key phrase! A fair chance would be awesome, that is all we are asking for, yet we aren't getting it! I'm glad the media has some interest in this!
I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
"A fair chance" - what a key phrase! A fair chance would be awesome, that is all we are asking for, yet we aren't getting it! I'm glad the media has some interest in this!
more...
alexmat01
01-13 01:43 PM
Thanks for the advice on that.
Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?
Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
Thanks
Alex
Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?
Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
Thanks
Alex
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Saralayar
03-18 02:01 PM
There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
more...
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gc28262
07-30 07:07 AM
Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
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krishmunn
02-09 07:12 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
more...
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sukhyani
01-26 07:44 PM
Hey guys, I received this notice in the mail from USCIS asking me to appear for "Initial" interview for further processing of my I485. Can someone please throw some light on what that might involve?
My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.
Please reply.
My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.
Please reply.
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paskal
12-09 12:20 AM
welcome guys, there is no state chapter other than us at this point, so indeed you are members :)
IV has created a whole new forum for chapters to form and discussions to open but I fear most people don't find their way there...
so far there have been just two of us.
well...we have doubled our group already to 4! I'm sure there will be more, we should start thinking about what we can do to help on a local level.
IV has created a whole new forum for chapters to form and discussions to open but I fear most people don't find their way there...
so far there have been just two of us.
well...we have doubled our group already to 4! I'm sure there will be more, we should start thinking about what we can do to help on a local level.
more...
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rajuram
04-05 06:42 PM
Yes it is correct link, many of us are headed this way....
This is not a correct official link.
This is not a correct official link.
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aj1234567
01-22 10:41 PM
Hi
My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
Thanks
Aj
My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
Thanks
Aj
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sheela
08-06 06:21 PM
Now that most of the cases that have LUD on their I-140 got or getting approvals, I want to track how many of you guys have an LUD on 07/13/2008. If you have any other LUD on your I-140, please post them.
Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us.
Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us.
bekugc
07-18 03:08 PM
These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
akmypoints
10-29 02:15 PM
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
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