kris04
07-09 07:38 PM
Hi,
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
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Leo07
06-25 12:00 PM
Guys,
Can anyone in IV confirm if this is a valid source...to send faxes.
As much as I'm tempted to fill out my information on a public forum, I wanted to know if this site is NOT some crappy site trying to cash on my emotions. Really, there are blood-suckers out there...
Thanks!
America’s Voice | Ask Washington for a Road Map, Now! (http://americasvoiceonline.org/page/speakout/Roadmap)
This is what wrote:
Subject: Please include legal immigrants in CIR
In CIR road map, please include legal immigrants waiting for GC for years (in some cases decade) because of unavailability of visa numbers.
Thanks.
Sincerely,
XYZ
Can anyone in IV confirm if this is a valid source...to send faxes.
As much as I'm tempted to fill out my information on a public forum, I wanted to know if this site is NOT some crappy site trying to cash on my emotions. Really, there are blood-suckers out there...
Thanks!
America’s Voice | Ask Washington for a Road Map, Now! (http://americasvoiceonline.org/page/speakout/Roadmap)
This is what wrote:
Subject: Please include legal immigrants in CIR
In CIR road map, please include legal immigrants waiting for GC for years (in some cases decade) because of unavailability of visa numbers.
Thanks.
Sincerely,
XYZ
eb3India
06-22 03:50 PM
:)), oh well, Indian government spent money on our education and we left India we may never won't back to India,
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
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Brightsider
07-01 08:28 PM
Ron is a very compassionate individual apart from being a very experienced attorney.
Have no hesitation in going to him.
I have known people who have engaged him and found him to be extremely competent.
His immigration forum has been a good source of credible information, given the limitations of discussing USCIS idiosyncrasies.
Let me add that I do not know him nor have I spoken to him. However, had I been in CA, he would have been my choice.
Have no hesitation in going to him.
I have known people who have engaged him and found him to be extremely competent.
His immigration forum has been a good source of credible information, given the limitations of discussing USCIS idiosyncrasies.
Let me add that I do not know him nor have I spoken to him. However, had I been in CA, he would have been my choice.
more...
smsthss
11-19 02:01 PM
nope i did not submit exp letters cos my attorney said it was not needed bcos the LC did not say anythin about experience.
i mean it did say about my previous exp but the position for which the LC was certified did not need exp.. thats how the govt off advertise it seems.
i mean it did say about my previous exp but the position for which the LC was certified did not need exp.. thats how the govt off advertise it seems.
roseball
04-06 12:43 AM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
more...
NWISE
03-31 12:31 PM
Good initiative!
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augustus
10-05 04:00 PM
Our FP were sent back to USCIS the same day - 10/1/07.
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.
more...
tinuverma
02-08 06:52 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
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uma001
06-18 03:43 PM
How many of years of experience is required for this position. Does it require 10 years of experience. Usually USCIS asks for exp.letters for those years that are mentioned in the requirement. I dont know why they are asking for all 60 months .
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
more...
makemygc
02-28 09:37 PM
Do you have your I-140 approved and if yes, have you passed 180 days since you filed your I-485? If answer to both the response is yes, then nothing to worry about as you can simply work on EAD.
If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.
Dear members,
I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?
I appreciate your help
If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.
Dear members,
I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?
I appreciate your help
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ss1026
02-04 08:31 PM
I hope people dont have the issues that happened to two ppl I know. One is my bro-in-law, a first time applicant whose H-1B issuance fee was accepted but his visa has not been stamped. It has been pending March, 2006. Another good friend of mine went to chennai for restamping (He had lived in SFO for about 4 years) for his 2nd 3-year H-1B and he too has been stuck with some name check process since april of 2006. The chennai embassy maintains some website with the list of names of ppl with pending issues and his name has been there for 10 months now. I am not trying to open a can of worms here but both of these ppl are muslims with common muslim names. I am sitting here in US hoping to figure out some way to not getting in the same thing. I have been here for 10 years and this is a lousy feeling. But I hope the nightmare these two ppl are going thru does not happen to anyone else.
more...
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grupak
03-06 06:46 PM
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
PTO is a new one for me. Paid Time Off??
You can work with the new employer while H1B is pending, for 240 days as far as I know. There is premium processing if H1B doesn't come on time.
3 days without pay is not a gap in employment if the employer-employee relationship is maintained. Don't worry too much. Even in normal circumstances, it takes a few days to relocate.
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
PTO is a new one for me. Paid Time Off??
You can work with the new employer while H1B is pending, for 240 days as far as I know. There is premium processing if H1B doesn't come on time.
3 days without pay is not a gap in employment if the employer-employee relationship is maintained. Don't worry too much. Even in normal circumstances, it takes a few days to relocate.
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mirchiseth
06-06 10:49 AM
The con's mostly depend on whether you have already exhausted your 6 years of permitted H1B.
From my understanding if one has approved I-140 and I485 pending > 180 days, 6 year limit on H1b doesn't hold. At my present employer I am on h1b and this is my 9th year. I am quite sure a lot of folks on the forums are in the same situation.
Does anyone think it would be problematic to transfer H1,
if the person is in the > 6 year of stay on H1B
has approved I-140 and
I495 pending > 485 days
From my understanding if one has approved I-140 and I485 pending > 180 days, 6 year limit on H1b doesn't hold. At my present employer I am on h1b and this is my 9th year. I am quite sure a lot of folks on the forums are in the same situation.
Does anyone think it would be problematic to transfer H1,
if the person is in the > 6 year of stay on H1B
has approved I-140 and
I495 pending > 485 days
more...
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ravi98
09-24 10:02 AM
It really seemed ur in the campaiging team for Dems, hence the reply.
Admin fix was the wrong thing to do anyways, else your Obama will create 101 rules that affect everyone, the check and balance system is a good thing for US
Admin fix should happen for small regulations not a big law like the CIR.
If administrative fix was the wrong way to go, then we are back to legislative fixes - and as I said earlier, boils down to meeting with lawmakers for us; and having the strength to meet with the media and push them to bring our issue to the forefront. Which ever way we have to look, our full throttled participation is a must.
Half hearted activism gives half baked results.
Admin fix was the wrong thing to do anyways, else your Obama will create 101 rules that affect everyone, the check and balance system is a good thing for US
Admin fix should happen for small regulations not a big law like the CIR.
If administrative fix was the wrong way to go, then we are back to legislative fixes - and as I said earlier, boils down to meeting with lawmakers for us; and having the strength to meet with the media and push them to bring our issue to the forefront. Which ever way we have to look, our full throttled participation is a must.
Half hearted activism gives half baked results.
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gcnirvana
12-05 04:35 PM
Are you planning to get it stamped when you are outside US?
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
more...
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H1bEmployer
09-16 02:33 PM
Folks,
We have a Consulting Firm Run Professionally. Little about me, Have been in the country for past 12 Years. Came up the Ranks via Consulting Firm like many of you.
Some Facts & Disclosure..
I am not Here to Hire Folks, just to voice my Opinion. Something that People on H1b should hear from Employers View as well. There is lots of Information to go around, from Consultants, who been here for few years to new folks who come to USA. Mostly its just Bad news for the new comers... Welcome to Bload Sucking Desi Consulting Firm.. Welcome to New Jersey.. or where ever you may land.. You get the point.
I am not here as Voice of Rest of Employers.. Just Pointing things out as I See it..
OK.. here we go..
Most of the employers, HATE doing Percentage bases. Give any employer a choice, between doing working on 70/30 or 80/20 or with a Stright Salary... 99% would be willing to work on Straight Salary Basis. Because that's what is Required by the Law. Simple as that.
I do Agree that there are lot of employers, who don't pay on Bench. WE DO. Here is what has happened very recently with our employees.. Few of our Employees have QUIT because we refused to do % Basis & these are the guys who came 6 months ago on new H1b. I would understand the Senior Employees Who have been with us for say 2-3 years ask for % basis Pay.
Now We are in a situation where we have Agree on % Basis Pay as a Company Wide Policy & then offer is to all our employees.. But that puts us on odd with Department of Labor. Which Madates every H1B employee to be on staight Salary basis.
You tell us what are our Options.. Either we Fire/lose employees who want % Basis pay.. just because their peers are getting it (EVEN If it is ILLEGAL )
We Don't Charge a Penny for a H1b, We foot the Bill.. Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery.. I Know & Fully Understand that its a Cost of doing Business..
Now, if we go on % Basis, our whole model changes... Because, There is Cost of Doing business, Managing Employees, Marketing, H1b, Greencard, Full Pay on Bench, & Last but not least Profit.
So if i have put employees on % Basis, that means We as company are making Hardly anything. Which means, we have to charge new h1bs, for at-least Lawyer fees.. What if it does not get selected, what do we do. Refund the money, Then whats a point of taking the money in the first place.
We WANT to pay on bench, because most people normally do find a project in 30-45 days, Provided they are Technically sound.
With Percentage Basis, We can't do that.. Since the Employee has chosen to work on Hourly.. No Work No Pay.
What should we do for Holidays .. Again No Work- No Pay..
We have done the Calculations.. Believe me.. There is Hardly any Difference Between % Pay & Straight Salary if you account the following at the end of year...
-- Medical & Dental Insurance.
-- Expense of Relocation, Moving your Apt, Car & Staying in Hotel for a week before you find a place to crash
-- No Bench Pay, No US Holiday Pay, No Sick Leave
-- No Pay for Vacation, Unless you don't Believe in Vacation.
-- No Green Card
-- No H1b Extension.. You would have to foot the bill at the end of your 3 year term on H1b.
When you account for the above.. you tell me..
We don't want our employees to take the Above risk.. believe me I have try to make these guys understand & have reasoned with them.. Provided with Financial Calculations..
What do (Some) of our employees see.... Just a Few Bucks more... Nothing else..
So I am going to let you guys Answer this Question...
Who is making us Going on the EVIL-DESI-Consulting-Path ?
Thanks
We have a Consulting Firm Run Professionally. Little about me, Have been in the country for past 12 Years. Came up the Ranks via Consulting Firm like many of you.
Some Facts & Disclosure..
I am not Here to Hire Folks, just to voice my Opinion. Something that People on H1b should hear from Employers View as well. There is lots of Information to go around, from Consultants, who been here for few years to new folks who come to USA. Mostly its just Bad news for the new comers... Welcome to Bload Sucking Desi Consulting Firm.. Welcome to New Jersey.. or where ever you may land.. You get the point.
I am not here as Voice of Rest of Employers.. Just Pointing things out as I See it..
OK.. here we go..
Most of the employers, HATE doing Percentage bases. Give any employer a choice, between doing working on 70/30 or 80/20 or with a Stright Salary... 99% would be willing to work on Straight Salary Basis. Because that's what is Required by the Law. Simple as that.
I do Agree that there are lot of employers, who don't pay on Bench. WE DO. Here is what has happened very recently with our employees.. Few of our Employees have QUIT because we refused to do % Basis & these are the guys who came 6 months ago on new H1b. I would understand the Senior Employees Who have been with us for say 2-3 years ask for % basis Pay.
Now We are in a situation where we have Agree on % Basis Pay as a Company Wide Policy & then offer is to all our employees.. But that puts us on odd with Department of Labor. Which Madates every H1B employee to be on staight Salary basis.
You tell us what are our Options.. Either we Fire/lose employees who want % Basis pay.. just because their peers are getting it (EVEN If it is ILLEGAL )
We Don't Charge a Penny for a H1b, We foot the Bill.. Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery.. I Know & Fully Understand that its a Cost of doing Business..
Now, if we go on % Basis, our whole model changes... Because, There is Cost of Doing business, Managing Employees, Marketing, H1b, Greencard, Full Pay on Bench, & Last but not least Profit.
So if i have put employees on % Basis, that means We as company are making Hardly anything. Which means, we have to charge new h1bs, for at-least Lawyer fees.. What if it does not get selected, what do we do. Refund the money, Then whats a point of taking the money in the first place.
We WANT to pay on bench, because most people normally do find a project in 30-45 days, Provided they are Technically sound.
With Percentage Basis, We can't do that.. Since the Employee has chosen to work on Hourly.. No Work No Pay.
What should we do for Holidays .. Again No Work- No Pay..
We have done the Calculations.. Believe me.. There is Hardly any Difference Between % Pay & Straight Salary if you account the following at the end of year...
-- Medical & Dental Insurance.
-- Expense of Relocation, Moving your Apt, Car & Staying in Hotel for a week before you find a place to crash
-- No Bench Pay, No US Holiday Pay, No Sick Leave
-- No Pay for Vacation, Unless you don't Believe in Vacation.
-- No Green Card
-- No H1b Extension.. You would have to foot the bill at the end of your 3 year term on H1b.
When you account for the above.. you tell me..
We don't want our employees to take the Above risk.. believe me I have try to make these guys understand & have reasoned with them.. Provided with Financial Calculations..
What do (Some) of our employees see.... Just a Few Bucks more... Nothing else..
So I am going to let you guys Answer this Question...
Who is making us Going on the EVIL-DESI-Consulting-Path ?
Thanks
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aadimanav
12-16 02:38 PM
..and (in theory) where will EB1-India overflow go ?
EB1 ROW
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EB1 India, China, Mexico, Phillipines
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EB2 ROW
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EB2 India, China, Mexico, Phillipines
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EB3 ROW
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EB3 India, China, Mexico, Phillipines
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Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
EB1 ROW
|
|
EB1 India, China, Mexico, Phillipines
|
|
EB2 ROW
|
|
EB2 India, China, Mexico, Phillipines
|
|
EB3 ROW
|
|
EB3 India, China, Mexico, Phillipines
|
|
Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
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desi3933
03-18 12:45 PM
....
I just waned to let others knows about that you have to give two weeks notice to your current employer and join the new employer which is not possible according to the new system....
Why you think that is not possible?
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
I just waned to let others knows about that you have to give two weeks notice to your current employer and join the new employer which is not possible according to the new system....
Why you think that is not possible?
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
sam_hoosier
06-09 02:09 PM
Per USCIS website, its talking 11 weeks for EAD renewal at NSC.
https://egov.uscis.gov/cris/processTimesDisplay.do
https://egov.uscis.gov/cris/processTimesDisplay.do
krishmunn
03-08 04:09 PM
If one gets a US Masters, the 3 year undergrad is not a problem if you go for EB2 based on Masters.