mmillo
12-11 02:13 PM
UN,
I have an approved i140 as of JAN 2007(PD-2003). Company was acquired in FEB 2007.
In June we have submitted 485 with new i140 ,
What will happen to my new i140 if the New company is taking the the Liabilites after feb 2007 ( the new company has a new taxID , the job location is the same , the salary is the same)?
Will they revoke the old i140? I just crossed 180 days. I don't have any interest to change employers with out GC.
thank you for answering.
there is a memo; i think from 2001 which discusses successor in interest for h-1b and greencard cases.
uscis position is different for h-1b and greencard. For h-1b; new company only needs to show that it is taking on "immigration liabilities" and thus it won't be considered a change of employer.
for greencard cases; "substantially all assets and liabilities" have to be acquired by the successor entity. This is a little difficult in most merger cases because the new entity doesn't want to bring any hidden liabilities into the new company and the agreements generally do not accomodate to take on all liabilities.
USCIS position is that if 485 isn't pending for more then 180 days then petitioner should amend the 140 even if it is approved to include the new entity information. Do people do this; not really; only big companies generally do this because they will have other people filing 140's with new company but using old company labor and it will allow uscis insight that a merger happened and they may go into the old companies 140's on their own.
I doubt you would have access to the merger documents for you to make an intelligent decision in which way to proceed.
I have an approved i140 as of JAN 2007(PD-2003). Company was acquired in FEB 2007.
In June we have submitted 485 with new i140 ,
What will happen to my new i140 if the New company is taking the the Liabilites after feb 2007 ( the new company has a new taxID , the job location is the same , the salary is the same)?
Will they revoke the old i140? I just crossed 180 days. I don't have any interest to change employers with out GC.
thank you for answering.
there is a memo; i think from 2001 which discusses successor in interest for h-1b and greencard cases.
uscis position is different for h-1b and greencard. For h-1b; new company only needs to show that it is taking on "immigration liabilities" and thus it won't be considered a change of employer.
for greencard cases; "substantially all assets and liabilities" have to be acquired by the successor entity. This is a little difficult in most merger cases because the new entity doesn't want to bring any hidden liabilities into the new company and the agreements generally do not accomodate to take on all liabilities.
USCIS position is that if 485 isn't pending for more then 180 days then petitioner should amend the 140 even if it is approved to include the new entity information. Do people do this; not really; only big companies generally do this because they will have other people filing 140's with new company but using old company labor and it will allow uscis insight that a merger happened and they may go into the old companies 140's on their own.
I doubt you would have access to the merger documents for you to make an intelligent decision in which way to proceed.
wallpaper greetings/happy-irthday
imh1b
11-02 12:02 PM
^^^^^^^^^^^^^
You have been punished by the other site and all your posts are deleted. I just saw that. You were trying to help people get EAD.
You have been punished by the other site and all your posts are deleted. I just saw that. You were trying to help people get EAD.
wandmaker
07-30 01:32 PM
No of calls matter - Everyone make a call and help IV to help you
2011 irthday-1.gif Tweety Birthday
WillIBLucky
06-19 02:14 PM
can someone suggest what is the best bet for someone currently in India ... get all the test done and get final letter from a Doc here. I am planing to fly my wife here for 2 days in July and due to time issues :confused: it might be hard to get all the tests done here .. .
Please suggest.
-M
No way, 2 days would be sufficient. The medicals would atleast take a week depending upon what all needs to be done. The TB test itself will take 48-72 hrs. Then the blood report will take 3 days. IF you have to do the test for mumps and so on then it will take 3-4 days as well. So together it will take a week to get the sealed papers.
Unless if you can convince your doctor to let her go after 4 days.
Please suggest.
-M
No way, 2 days would be sufficient. The medicals would atleast take a week depending upon what all needs to be done. The TB test itself will take 48-72 hrs. Then the blood report will take 3 days. IF you have to do the test for mumps and so on then it will take 3-4 days as well. So together it will take a week to get the sealed papers.
Unless if you can convince your doctor to let her go after 4 days.
more...
Widget
09-21 04:10 PM
Any updates regarding legal immigration issuses in the House?
gc28262
07-02 06:30 PM
bkarnik,
Good to know about the difference between INA and CFR.
If this memo is invalid w.r.t. INA, AILA can take up the issue with USCIS director and ask for a clarification. If USCIS director finds his memo incorrect/inappropriate, he can issue another memo overriding this memo.
IMO the issue is more of a poor wording than any major change in law.
Good to know about the difference between INA and CFR.
If this memo is invalid w.r.t. INA, AILA can take up the issue with USCIS director and ask for a clarification. If USCIS director finds his memo incorrect/inappropriate, he can issue another memo overriding this memo.
IMO the issue is more of a poor wording than any major change in law.
more...
Wendyzhu77
01-13 07:56 PM
I can't agree with you on the example of lines at supermarkets. There is NO shortage of cashiers. The long lines are not because there is a shortage of cashiers , but because of the management decision to optimize revenue.
Basically, if you have more cashiers, there will be more chances when some cashiers are idling there with no customers, so the store will be paying them for no work. Store do not want to do that, so they reduce the number of cashiers to the point that there will always be a moderate line at each cashier, so they will always be kept busy working. And, because of their expectaion of customers, i.e., Walmart customers are usually pretty cheap so shouldn't care about waiting for a little longer, so the store does NOT care too much about maintaining the lines longer to keep cashiers busy. Have you EVER seen a long line at a high-end store? Very unlikely. In those stores , there are always more cashiers than customers, because the huge mark-up allows stores to do that to give a better customer experience. You can't afford to let Tom Cruise waiting in the line, could you?
The total number of cashier stations is designed for "peak" season, e.g., Black-Friday, that number can be several times of the normal number of customers present at each regular days. This is a simple problem with queuing theory: the maximum service capacity is several times of the normal need to accommodate the peak service request. If all the cashier stations are manned, then most of the cashiers will be idling there not doing at any work at all most of the time. That's the reason lots of the cashier stations are empty. Contrary to your claim, supermarkets DO build cash registers with the hope of having only a quarter of them occupied most of the time, but they can NOT afford to man cash registers with three quarters of the cashiers idling.
There might be other better examples for your argument, but cashiers at supermarkets are definitely not true.
Not commenting on the whole article, I'd like to comment on the single argument mentioned above. It's a much abused one by anti-immigrants.
Basic Idea: Using the law of demand-and-supply, it's argued that if there were real labor shortage in the country in any field, salaries in that field will simply rise to bring demand and supply in equilibrium.
So what's wrong with the argument: The law of demand and supply is essentially correct and works very well. The trouble is that this is where the story starts, not where it ends. The reality is that salaries find ceilings for a lot of reasons other than the pure demand and supply.
Let's take an example: Go to any supermarket and notice the number of cash registers manned by cashiers vs. the unmanned ones. Supermarkets don't build all the cash registers with the hope of having only a quarter of them occupied with customers lines getting longer and longer.
There's a genuine shortage of cashiers and supermarkets will absolutely love to have twice as many, if not more of them available to hire. Who wouldn't like to go to a supermarket where you don't have to wait 15 minutes in a line even at peak times?
So, what's the problem? Shouldn't it be easy... just increase the salaries...
Well, let's dig deeper. A supermarket hiring new workers at the higher salaries will have to pay that higher salaries to all the cashiers. Supermarkets operate at a typical profit of margin on 2%. A supermarket paying higher salary will simply be uncompetitive. The only practical solution to get as many workers they can get at the prevalent salaries.
Coming back to the context of hi-tech industry, There are a lot of reasons that salaries will not sky-rocket even if there are no workers:
It may make more business sense to simply cancel a project than to get it done at a sky-high labor cost.
The higher is the labor cost, the more attractive is outsourcing.
It may also be more attractive to water down to project to use less labor and keep costs in check than to pay sky-rocketed salaries and make it unprofitable.All these factors impose the limits on salaries and prevent them from sky-rocketing. It's not that employers are evil and don't want to pay a deserving worker; the bottom-line is that it has to make business sense too.
The law of demand-and-supply works very well for basic needs. After all, you'll buy staple food no matter what the cost is. Real estate will go very high if supply is low; homelessness is not an option. In contrast to that however, there are many options in a high-tech project other than to let the salaries sky-rocket.
For the reasons given above, using the law-of-demand and supply to refute the lack of workforce idea is Not a well reasoned argument but a hollow, simplistic application of it; Sadly, believable enough to be bought by many.
Basically, if you have more cashiers, there will be more chances when some cashiers are idling there with no customers, so the store will be paying them for no work. Store do not want to do that, so they reduce the number of cashiers to the point that there will always be a moderate line at each cashier, so they will always be kept busy working. And, because of their expectaion of customers, i.e., Walmart customers are usually pretty cheap so shouldn't care about waiting for a little longer, so the store does NOT care too much about maintaining the lines longer to keep cashiers busy. Have you EVER seen a long line at a high-end store? Very unlikely. In those stores , there are always more cashiers than customers, because the huge mark-up allows stores to do that to give a better customer experience. You can't afford to let Tom Cruise waiting in the line, could you?
The total number of cashier stations is designed for "peak" season, e.g., Black-Friday, that number can be several times of the normal number of customers present at each regular days. This is a simple problem with queuing theory: the maximum service capacity is several times of the normal need to accommodate the peak service request. If all the cashier stations are manned, then most of the cashiers will be idling there not doing at any work at all most of the time. That's the reason lots of the cashier stations are empty. Contrary to your claim, supermarkets DO build cash registers with the hope of having only a quarter of them occupied most of the time, but they can NOT afford to man cash registers with three quarters of the cashiers idling.
There might be other better examples for your argument, but cashiers at supermarkets are definitely not true.
Not commenting on the whole article, I'd like to comment on the single argument mentioned above. It's a much abused one by anti-immigrants.
Basic Idea: Using the law of demand-and-supply, it's argued that if there were real labor shortage in the country in any field, salaries in that field will simply rise to bring demand and supply in equilibrium.
So what's wrong with the argument: The law of demand and supply is essentially correct and works very well. The trouble is that this is where the story starts, not where it ends. The reality is that salaries find ceilings for a lot of reasons other than the pure demand and supply.
Let's take an example: Go to any supermarket and notice the number of cash registers manned by cashiers vs. the unmanned ones. Supermarkets don't build all the cash registers with the hope of having only a quarter of them occupied with customers lines getting longer and longer.
There's a genuine shortage of cashiers and supermarkets will absolutely love to have twice as many, if not more of them available to hire. Who wouldn't like to go to a supermarket where you don't have to wait 15 minutes in a line even at peak times?
So, what's the problem? Shouldn't it be easy... just increase the salaries...
Well, let's dig deeper. A supermarket hiring new workers at the higher salaries will have to pay that higher salaries to all the cashiers. Supermarkets operate at a typical profit of margin on 2%. A supermarket paying higher salary will simply be uncompetitive. The only practical solution to get as many workers they can get at the prevalent salaries.
Coming back to the context of hi-tech industry, There are a lot of reasons that salaries will not sky-rocket even if there are no workers:
It may make more business sense to simply cancel a project than to get it done at a sky-high labor cost.
The higher is the labor cost, the more attractive is outsourcing.
It may also be more attractive to water down to project to use less labor and keep costs in check than to pay sky-rocketed salaries and make it unprofitable.All these factors impose the limits on salaries and prevent them from sky-rocketing. It's not that employers are evil and don't want to pay a deserving worker; the bottom-line is that it has to make business sense too.
The law of demand-and-supply works very well for basic needs. After all, you'll buy staple food no matter what the cost is. Real estate will go very high if supply is low; homelessness is not an option. In contrast to that however, there are many options in a high-tech project other than to let the salaries sky-rocket.
For the reasons given above, using the law-of-demand and supply to refute the lack of workforce idea is Not a well reasoned argument but a hollow, simplistic application of it; Sadly, believable enough to be bought by many.
2010 Send Birthday Greetings
waitin_toolong
02-12 12:16 PM
this is different from 2001, that was a prebate. This rebate will not be deducted from the refund next year
more...
snathan
02-24 06:31 PM
thats great and PR should be an ongoing thing and for now i can contribute some time towards this. It doesn't have to be expensive either.
I am guessing here but our target is "employment based GC seekers for more contribution towards IV". It is very specific. A newspaper is too general of a medium for such a specific target.
Where can we find them? on a immigration lawyer's website? maybe
There are plenty of immigration lawyers that support our cause...maybe some will be willing to put up a graphic or link about us on their sites for free.
This is just one suggestion. I am sure members can come up with several ideas.
Ask the members what they would like from IV? How can they contribute?
(not telling them to rot in hell for refusing to help would be a start in getting a civil conversation going :-) )
If you search there are lots of face book groups - Students, H1B. We can send message to those people. Can arrange Radio talk show, target people at temple, grocery shops, restaurants...etc.
I am guessing here but our target is "employment based GC seekers for more contribution towards IV". It is very specific. A newspaper is too general of a medium for such a specific target.
Where can we find them? on a immigration lawyer's website? maybe
There are plenty of immigration lawyers that support our cause...maybe some will be willing to put up a graphic or link about us on their sites for free.
This is just one suggestion. I am sure members can come up with several ideas.
Ask the members what they would like from IV? How can they contribute?
(not telling them to rot in hell for refusing to help would be a start in getting a civil conversation going :-) )
If you search there are lots of face book groups - Students, H1B. We can send message to those people. Can arrange Radio talk show, target people at temple, grocery shops, restaurants...etc.
hair tattoo Wishing u a very Happy B#39;thday happy birthday wishes gif images.
JA1HIND
01-22 12:30 PM
Looks like whole bunch of IDI*&TS are all in one place for now/time being and running Michigan. I hope the other ID*&TS in other States DON'T get inspired with what they did with DL in MI and do any such dumb move to implement in other States..just can't imagine what type of pain legal immigrants must be going through in MI.....OH GOD PLEASE SAVE US FROM THESE morons running the show in MI.
This makes one thing clear to me is that not to look for any future contract jobs in MI.
To hell with MI & its DL requirements...:D
This makes one thing clear to me is that not to look for any future contract jobs in MI.
To hell with MI & its DL requirements...:D
more...
balakishore
05-12 03:42 PM
This is crazy. Air India website says ATV is required for Advance Parole holders.
AirIndia - International - DATV - Direct Airside Transit Visa (http://home.airindia.in/SBCMS/Webpages/International---DATV---Direct-Airside-Transit-Visa.aspx?MID=27#)
DATV (Direct Airside Transit Visa) requirement for flights AI191 Mumbai to Newark and AI144 Newark to Mumbai.
The Direct Airside Transit Visa (DATV) is required in the following circumstances:
Passengers holding Parole letter (1-512) issued by US.
Passengers holding wet ink ADIT stamp issued by US.
Passengers holding Alien Resident Card issued by US prior to 21st April 1988.
Passengers holding Transportation letter issued by US.
Passengers traveling other than "D" type sciengan Visa or residence permit issued by EEA states.
Non compliance of DATV requirement for travel via London compels Mumbai station to offload such passengers in Mumbai.
AirIndia - International - DATV - Direct Airside Transit Visa (http://home.airindia.in/SBCMS/Webpages/International---DATV---Direct-Airside-Transit-Visa.aspx?MID=27#)
DATV (Direct Airside Transit Visa) requirement for flights AI191 Mumbai to Newark and AI144 Newark to Mumbai.
The Direct Airside Transit Visa (DATV) is required in the following circumstances:
Passengers holding Parole letter (1-512) issued by US.
Passengers holding wet ink ADIT stamp issued by US.
Passengers holding Alien Resident Card issued by US prior to 21st April 1988.
Passengers holding Transportation letter issued by US.
Passengers traveling other than "D" type sciengan Visa or residence permit issued by EEA states.
Non compliance of DATV requirement for travel via London compels Mumbai station to offload such passengers in Mumbai.
hot happy birthday wishes gif.
Widget
09-21 05:22 PM
Does it mean that we are done?
This is another bill to help the illegal children by giving them greencard. I now have to find a way to get a birth-certificate from Mexico and become illegal. I get the feeling that all the talks about the illegals from democrats is turning me in to a republican. Republicans rock ...
This is another bill to help the illegal children by giving them greencard. I now have to find a way to get a birth-certificate from Mexico and become illegal. I get the feeling that all the talks about the illegals from democrats is turning me in to a republican. Republicans rock ...
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house 2011 happy birthday wishes gif
nk2
06-13 07:22 PM
Still waiting for my Labor, But I am also excited and happy for others who can apply now.
Congratulations!!
Congratulations!!
tattoo Happy Birthday Dharani.
desi3933
07-12 01:32 PM
Hmm.. so you are saying that you mention your bank account numbers in your US tax returns? I don't think so.
I think asking account numbers is invasion of privacy. They can ask the amounts and the name of the banks, but not the account numbers !
Read this
Report of Foreign Bank and Financial Accounts (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)
A United States person is not prohibited from owning foreign accounts. The FBAR is required because foreign financial institutions may not be subject to the same reporting requirements as domestic financial institutions.
.
I think asking account numbers is invasion of privacy. They can ask the amounts and the name of the banks, but not the account numbers !
Read this
Report of Foreign Bank and Financial Accounts (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)
A United States person is not prohibited from owning foreign accounts. The FBAR is required because foreign financial institutions may not be subject to the same reporting requirements as domestic financial institutions.
.
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pictures happy birthday greetings for
english_august
07-05 12:14 AM
Hey Friends -
We need to keep a track of the number of flowers being sent. So if you are sending flowers, then make sure that you respond appropriately to the poll in this thread:
http://immigrationvoice.org/forum/showthread.php?p=99731
It is very difficult to go through all the posts individually to figure out the total count.
We need to keep a track of the number of flowers being sent. So if you are sending flowers, then make sure that you respond appropriately to the poll in this thread:
http://immigrationvoice.org/forum/showthread.php?p=99731
It is very difficult to go through all the posts individually to figure out the total count.
dresses hot happy birthday wishes gif.
ramus
06-13 06:00 PM
This made me feel good...
Thank you..
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Thank you..
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
more...
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sekhar007
06-14 04:31 PM
If immunizations were taken outside US, will that be valid?
Hi,
Would it be valid having the Immunization work done at walmart or any community places. How much would be the charge
First of all is it acceptable by the doctor who does the Medical Exam
Hi,
Would it be valid having the Immunization work done at walmart or any community places. How much would be the charge
First of all is it acceptable by the doctor who does the Medical Exam
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bigboy007
07-26 01:24 PM
I Dont Think She Is Dumb Becoz I Raised All The Questions You Guys Had And She Said She Is Working From So Long And She Said - Dont Think She Has Any Problem In Understanding Rules. She Said Not All Rules Are Made Public When I Asked About Update On Uscis.gov.
She Only Said This Is The Only Info Any Officers Will Provide.
I WANT EVERYONE TO FILE 485'S AS I DID. BUT WHATZ HARM IN TAKING PREVENTIVE STEPS I AM NOT PANICKING AND NEITHER I WANT MYSELF NOR ANY OF YOU TO BE IN SITUATION ON JULY 2ND. PLEASE UNDERSTAND ME.
She Only Said This Is The Only Info Any Officers Will Provide.
I WANT EVERYONE TO FILE 485'S AS I DID. BUT WHATZ HARM IN TAKING PREVENTIVE STEPS I AM NOT PANICKING AND NEITHER I WANT MYSELF NOR ANY OF YOU TO BE IN SITUATION ON JULY 2ND. PLEASE UNDERSTAND ME.
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Rajeev Seth
05-23 02:05 PM
What is this May 21, 2007 date. Is this still in talks or is official law? Where go you get this kinds of disappointing news?
H1B-GC
07-30 03:10 PM
I just called. But out of curiosity, what is the meaning of 'Mark Up' a bill??
'Mark up' means the Chair of the Subcomitte who is also the Member of the Congress would send the Bill to the Floor for Voting.The Bill needs more than Half the votes to pass the House. The Same thing should happen in the Senate before the Pres. can sign it to become Law.
'Mark up' means the Chair of the Subcomitte who is also the Member of the Congress would send the Bill to the Floor for Voting.The Bill needs more than Half the votes to pass the House. The Same thing should happen in the Senate before the Pres. can sign it to become Law.
anilsal
10-20 09:54 AM
I am not sure if IV already knows about NADISA:
http://www.hvisasurvey.org/What%20is%20NADISA.htm
If not, maybe we should ask them to support our efforts.
I did post a note in the forums of Little India magazine:
http://www.littleindia.com/community/index.php?showtopic=10
http://www.hvisasurvey.org/What%20is%20NADISA.htm
If not, maybe we should ask them to support our efforts.
I did post a note in the forums of Little India magazine:
http://www.littleindia.com/community/index.php?showtopic=10