desi3933
03-20 08:33 AM
....
....
We never heard about Employer-Employee relationship before 2010.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul082009_01D2101.pdf
[From the pdf link]
On January 3, 2008, the director denied the petition.
....
....
AAO must determine whether the petitioner has established that it will have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee
....
....
Upon review, the AAO concurs with the director's decision. The record is not persuasive in establishing that the petitioner or any of its clients will have an employer-employee relationship with the beneficiary.
_________________
Not a legal advice
....
We never heard about Employer-Employee relationship before 2010.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul082009_01D2101.pdf
[From the pdf link]
On January 3, 2008, the director denied the petition.
....
....
AAO must determine whether the petitioner has established that it will have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee
....
....
Upon review, the AAO concurs with the director's decision. The record is not persuasive in establishing that the petitioner or any of its clients will have an employer-employee relationship with the beneficiary.
_________________
Not a legal advice
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desi3933
07-07 03:03 PM
The problem is my attorney is insisting that the letter that they sent for my employer's signature is "required" to successfully respond to this RFE.
Could you please explain this a bit. I am not sure if I am understanding this right.
.
Could you please explain this a bit. I am not sure if I am understanding this right.
.
fcres
12-18 11:40 AM
. After 180 days you may leave, but you will have to find a new employer who is willing to hire you on permanent basis upon getting you GC for same/similar job as in the LC. What you do until your GC is approved (contract job with this employer or something else) is a different matter. Those employments can be on EAD, H1, temp/permanent, etc.
What if the job i'm moving to after 180 days is hiring me permanently now itself? Do they still have to specify (in EVL for AC21) that they will hire me perm only upon getting GC?
What if the job i'm moving to after 180 days is hiring me permanently now itself? Do they still have to specify (in EVL for AC21) that they will hire me perm only upon getting GC?
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ashkam
07-20 09:17 AM
Also, consulate-provided certificates cannot be accepted as primary evidence. They can be used as secondary evidence along with school certificates, etc. Primary evidence is either copy of original birth certificate or affidavits or a combination of both.
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somegchuh
08-17 06:18 PM
What are the tax implications of this windsor-detroit thing. Don't you end up paying fed taxes to both the governments? If yes, is it really worth the trouble?
anilsal
10-12 12:02 PM
there was one person who went to the airport to get the I-94 corrected. Wrong date was entered or such.
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ndbhatt
11-15 10:37 AM
I think ppl who have masters or above from accredited US university shouldn't have any visa restriction; meaning they shouldn't be counted towards their country quota. No cap for Masters from US University -:)
P.S. I don't have masters from US.
bhattji
P.S. I don't have masters from US.
bhattji
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miapplicant
10-14 04:27 PM
Its good that we've progressed a bit. Hope there is no more retrogression and USCIS actually processes applications of people per the bulletin...
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vjone
04-07 12:12 PM
Thank you EB3_SEP04.
C'mon dude, i wouldn't use the word "get lost" for someone who has kept cool and putting up thoughts without using extreme/harsg words. even if you suspect the person could be from anti-immigrant group, I don't think it's appropriate to sentence someone based on suspicion.
Dear vjone, like somebody said above, there is no profession where there are no fraud people, there are fraud doctors, fraud lawyers, fraud religious leaders(are there any good ones?), fraud teachers you name it. Posts like yours are welcome, they help us remember that there could be fraud happening around you and you gotta be careful. But in case you are not immigrant and the news made you believe that the %age of such fraud people among legal immigrants is significant then let me assure you that it is not, in fact work-visa community is at the top of the list of cleanest/noble communities. Their contribution to national prosperity and keeping America is # 1 is among the highest. In a way they are the soldiers with keyboards in their hands, fighting for America.
You are more than welcome to express your thoughts as long as they are in line with the goal/mission of this site.
C'mon dude, i wouldn't use the word "get lost" for someone who has kept cool and putting up thoughts without using extreme/harsg words. even if you suspect the person could be from anti-immigrant group, I don't think it's appropriate to sentence someone based on suspicion.
Dear vjone, like somebody said above, there is no profession where there are no fraud people, there are fraud doctors, fraud lawyers, fraud religious leaders(are there any good ones?), fraud teachers you name it. Posts like yours are welcome, they help us remember that there could be fraud happening around you and you gotta be careful. But in case you are not immigrant and the news made you believe that the %age of such fraud people among legal immigrants is significant then let me assure you that it is not, in fact work-visa community is at the top of the list of cleanest/noble communities. Their contribution to national prosperity and keeping America is # 1 is among the highest. In a way they are the soldiers with keyboards in their hands, fighting for America.
You are more than welcome to express your thoughts as long as they are in line with the goal/mission of this site.
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lazycis
12-19 03:41 PM
1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
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bbct
02-15 01:09 PM
The statements that were enclosed with the checks received from Insurance Company shows deduction of OASDI and Medicare taxes but not Federal and State taxes. When we contacted the Insurance Company asking for a tax statement we were told that they have mailed all the statements to the employer and they should include in the W2 statement. Upon knowing from the Insurance Company, we wrote an email to the HR asking for a corrected W2. The HR replied that we can report those wages even without a W2 from the company and later she replied saying she didn't received any statements from the Insurance Company and also they have changed the payroll company and so they can no longer issue a new one.
We are based in NY. We also called IRS to confirm if we are suppose to pay taxes on those income. The IRS officer said it should be included in the W2 and have asked to wait until 02/15. The insurance premiums nor the cost-plus-fees for the sick pay (maternity disability) were paid by us.
There is a bold note on the statements saying:
1) The tax information must be reported on year-end w-2 forms
2) Federal Law HR4331 states that all disability payments will be subject to the Social Security Tax for the first six (6) months only
3) This tax has been deducted from your payment in compliance with this law
We are based in NY. We also called IRS to confirm if we are suppose to pay taxes on those income. The IRS officer said it should be included in the W2 and have asked to wait until 02/15. The insurance premiums nor the cost-plus-fees for the sick pay (maternity disability) were paid by us.
There is a bold note on the statements saying:
1) The tax information must be reported on year-end w-2 forms
2) Federal Law HR4331 states that all disability payments will be subject to the Social Security Tax for the first six (6) months only
3) This tax has been deducted from your payment in compliance with this law
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sc3
10-07 02:37 PM
You've ever heard of kamikaze missions help by Japanese pilots during world war 2?
They were suicide missions to bomb American targets (like Pearl Harbor) knowing very well they will not come back alive. They would crash their planes into enemy targets laden with a lot of explosives.
Go figure!
Whatever side you are on, there is no way you can liken kamikaze mission to a suicide. Kamikaze mission was of bravery, people willing to die for their countries -- that is the ultimate sacrifice. People committing suicide are just cowards who aren't strong enough to face life problems thrown at them. I am sure a lot of us here have lost investments too, but we are going to pick ourselves up and continue to make our lives -- not end it.
They were suicide missions to bomb American targets (like Pearl Harbor) knowing very well they will not come back alive. They would crash their planes into enemy targets laden with a lot of explosives.
Go figure!
Whatever side you are on, there is no way you can liken kamikaze mission to a suicide. Kamikaze mission was of bravery, people willing to die for their countries -- that is the ultimate sacrifice. People committing suicide are just cowards who aren't strong enough to face life problems thrown at them. I am sure a lot of us here have lost investments too, but we are going to pick ourselves up and continue to make our lives -- not end it.
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ntpatil
11-10 04:15 PM
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
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piyu7444
08-23 11:22 PM
I will provide all info. related to EB1 very soon. Who so ever is interested please send me your questions.......
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BharatPremi
12-09 03:19 PM
If you dont have an answer to the question asked dont reply and dont advise what people should do....
keep that to your kids and good luck with that....
I just check oxford dictionary to make sure whether I screwed somewhere but what I found is it was request to dollar500 from my side. It was not a advise. Rather you are advising me not to advise.. Is not it contradictory?
And if at all poster might have felt bad about my request s/he should have replied my post. Why on earth you wanted to jump in?
keep that to your kids and good luck with that....
I just check oxford dictionary to make sure whether I screwed somewhere but what I found is it was request to dollar500 from my side. It was not a advise. Rather you are advising me not to advise.. Is not it contradictory?
And if at all poster might have felt bad about my request s/he should have replied my post. Why on earth you wanted to jump in?
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Ennada
03-18 08:21 AM
First of all EAD is not a status - Its just a work authorization. GC is for a future job.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
This is correct.......once the employer revokes H1B, that is a red flag for the immigration officer. Officer may or may not ask for evidence. Be prepared to show a same or similar job offer.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
This is correct.......once the employer revokes H1B, that is a red flag for the immigration officer. Officer may or may not ask for evidence. Be prepared to show a same or similar job offer.
more...
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grupak
02-28 10:59 PM
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
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sjhugoose
February 4th, 2004, 09:01 PM
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the goreous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossey mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.
I don't doubt what you say on iota and I've heard stories from the Day in the life of africa talking about the abilities of digital. But I also know the ability of this world to adapt and grow. Today people ay complain about file size but who knows tomorrow. And what about when thos same PJ's want that image for other form factors than may require greater resolution? It's an evolving world and its pretty short sided to believe that a certain file size is all that will be used.
Scott
I don't doubt what you say on iota and I've heard stories from the Day in the life of africa talking about the abilities of digital. But I also know the ability of this world to adapt and grow. Today people ay complain about file size but who knows tomorrow. And what about when thos same PJ's want that image for other form factors than may require greater resolution? It's an evolving world and its pretty short sided to believe that a certain file size is all that will be used.
Scott
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Totoro
05-07 08:29 AM
I know this isn't a solution to your problem, but some people may consider sending their kids to Canada to study. Canada's universities are en par with the best US schools and the international student tuition is often less than in-state tuition, although the declining US dollar has made it less the case these days.
Many Americans I know are considering Canadian universities for their children, even though they can get in-state tuition.
Many Americans I know are considering Canadian universities for their children, even though they can get in-state tuition.
solaris27
08-13 03:39 PM
this topic is helpful
Saralayar
05-13 02:27 PM
Please help as to how we can get the old copy of approved labor if the employers and lawyers arent willing to share it ?
thanks
You can fill the form I-639 and send it to the address provided in the form to get the copies. But I am not sure how long it take to get the copy.
thanks
You can fill the form I-639 and send it to the address provided in the form to get the copies. But I am not sure how long it take to get the copy.
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