smisachu
09-27 06:29 PM
He could have an algorithm trading for him while he is busy with his day job and that could make 10-20 trades a day:p
It dosent matter if you are on H1; because as long as you have your H1 job then it is just investments you are doing. Just out of curiosity; are you a technical/chart guy or do you use quantitative techniques?
y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....
It dosent matter if you are on H1; because as long as you have your H1 job then it is just investments you are doing. Just out of curiosity; are you a technical/chart guy or do you use quantitative techniques?
y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....
hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
JDM
08-06 08:53 PM
I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:
Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
Looks strange.
Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
Looks strange.
pankajkakkar
03-01 06:46 PM
I'd like to join the conference call as well.
more...
NolaIndian32
02-10 10:05 PM
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Best of Luck
cox
October 22nd, 2005, 05:24 PM
Not my usual thing, this is a first attempt at studio shooting. A friend is starting a preseved flower business and needs some photos to get started. My backdrops consisted of some fabric purchased at the local store, my dining table, and a PVC frame and welding clips to hold them up. :) Any comments/critique welcome.
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
more...
fcres
08-14 03:37 PM
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
jhaalaa
04-05 09:17 PM
I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
more...
a_yaja
04-27 11:47 AM
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
BharatPremi
07-12 04:34 PM
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
more...
ab2k7
07-05 04:19 PM
Thanks for your response, paisa. Does that mean start over the whole process from LC for GC again? As per this doc there is a difference b/w LCA for H1B and LC for GC. So incase a H1B employee files LC for GC, does he also need to maintain LCA in parallel? This is still not clear to me.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
reddymjm
03-06 09:00 AM
Hey fill in ur info.
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sunny1000
07-24 10:19 PM
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
HI,
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
HI,
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
abq_gc
09-05 04:17 PM
I would recommend LLC, as then you have limited liability. You can actually register it using legalzoom for a price much cheaper than CPA.
In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.
In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.
more...
maximus
11-07 12:38 PM
Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.
andr.in
05-27 03:25 PM
lmao! These are great!
But the one fester made reminds me of the personal pages most estonians have! :P lol
I can't decide! They all suck <-- lol First time i've ever said that meaning that something is done well!
But the one fester made reminds me of the personal pages most estonians have! :P lol
I can't decide! They all suck <-- lol First time i've ever said that meaning that something is done well!
more...
GCwaitforever
11-17 09:00 PM
My Dear friends I need your valuable suggestion. I have decided and fixed my mind to return home after 8 years as I recently got laid off after working 4 years in same company. My EB2 LC was pending last three years Dallas backlog. My previous employer will mail me W2 to my India home address. I do not know how to file Tax from India. Do I need to buy Turbo Tax software before leaving home? You can understand my present scenario. Any kind input will be much appreciated.
Very sorry to hear about the layoff. Filing tax from India is not a big deal. Many tax web sites accept credit cards or let you pay the tax filing fee out of your incoming refund or your bank account. You do not even have to wait for your W-2 to pay taxes if you read your last paycheck carefully.
Very sorry to hear about the layoff. Filing tax from India is not a big deal. Many tax web sites accept credit cards or let you pay the tax filing fee out of your incoming refund or your bank account. You do not even have to wait for your W-2 to pay taxes if you read your last paycheck carefully.
nixstor
06-08 11:34 AM
Sounds ludacris to me. Here is what I would do if I were you
(1) Talk to your lawyer and see what he says. If your attorney wants to follow up with this officer and ask him why he needs everything from 1999, he might give a better answer.
(2) Get a letter from the IRS saying that they do not have copies of the old returns.
I myself don't have returns before 2003.
(1) Talk to your lawyer and see what he says. If your attorney wants to follow up with this officer and ask him why he needs everything from 1999, he might give a better answer.
(2) Get a letter from the IRS saying that they do not have copies of the old returns.
I myself don't have returns before 2003.
walking_dude
11-14 10:17 PM
Michigan members your chapter is waiting for you. Let's meet our Lawmakers NOW
hmehta
08-04 03:40 PM
Well, there are some clauses under which if you take out from 401K, you won't be penalized.
pappu
12-19 06:46 PM
core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.
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