apt29
11-23 02:11 PM
Checkout this form. You can request duplicate approval. http://www.uscis.gov/files/form/I-824.pdf. But probably your employer should file for it.
wallpaper Dragonball
go_guy123
10-05 03:06 PM
Very good list of people in IV board...it will help to bring visibility.
I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.
I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.
eblues
09-09 07:44 PM
Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.
I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).
On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.
My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.
If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.
Thank you everyone,
Pierluigi
I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).
On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.
My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.
If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.
Thank you everyone,
Pierluigi
2011 Super Saiyan 4 Goku (GT)
sattar419
05-05 11:11 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
more...
bsbawa10
08-14 11:11 PM
dude, there's gibberish in the sheet.............is this the right link?
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
eilsoe
10-17 08:21 AM
I think Cloud and Tidus look kinda similar... except for the size of course :P
more...
Tantra
07-12 02:02 PM
There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
2010 Tags: goku ssj4 ssj3 ssj1
jasonmc86
07-27 06:45 AM
I've done alot of debugging to try figure the problem... (.show()) isn't a method inside the openFileDialog class...?
-The main thing i'm found when debugging is that when the openFileDialog is used to do anything in my program even if i don't use any information from it it doesnt write my TEST data to a xml file or any other methods i use to write an xml file... eg.
When i run these lines in conjunction to the rest of my code
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
Commenting out the openFileDialog and just storing a random file name then the rest of my program (eg. writing the xml file and info wanted) works however when i get the file name from the openFileDialog it doesn't let me write any Xml files even ones i have working already.
If anyone has had the same error or has knowledge please reply cheers
eG this code ive tested and it does the job but i want the user to be able to select a file using a dialogBox... NOTE green is commented
switch (tabControlSelector.TabPages[tabControlSelector.SelectedIndex].Text)
{
case "Images":
DialogAddTo.Title = "Add Image to Dir to view";
DialogAddTo.InitialDirectory = "E:\\Images\\";
DialogAddTo.Filter = "JPG| *.jpg";
DialogAddTo.Multiselect = false;
DialogAddTo.ShowDialog();
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
DialogAddTo.Dispose();
if (true)
{
viwDataDS.imagesTable.AddimagesTableRow(fileNameTo Add.Substring(fileNameToAdd.LastIndexOf("\\") + 1).ToString(),
fileNameToAdd.ToString(),
DateTime.Now);
viwDataDS.imagesTable.WriteXml("test.xml", XmlWriteMode.WriteSchema);
}
else
{
MessageBox.Show("That Image Already Exists");
}
break;
case "Videos":
break;
-The main thing i'm found when debugging is that when the openFileDialog is used to do anything in my program even if i don't use any information from it it doesnt write my TEST data to a xml file or any other methods i use to write an xml file... eg.
When i run these lines in conjunction to the rest of my code
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
Commenting out the openFileDialog and just storing a random file name then the rest of my program (eg. writing the xml file and info wanted) works however when i get the file name from the openFileDialog it doesn't let me write any Xml files even ones i have working already.
If anyone has had the same error or has knowledge please reply cheers
eG this code ive tested and it does the job but i want the user to be able to select a file using a dialogBox... NOTE green is commented
switch (tabControlSelector.TabPages[tabControlSelector.SelectedIndex].Text)
{
case "Images":
DialogAddTo.Title = "Add Image to Dir to view";
DialogAddTo.InitialDirectory = "E:\\Images\\";
DialogAddTo.Filter = "JPG| *.jpg";
DialogAddTo.Multiselect = false;
DialogAddTo.ShowDialog();
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
DialogAddTo.Dispose();
if (true)
{
viwDataDS.imagesTable.AddimagesTableRow(fileNameTo Add.Substring(fileNameToAdd.LastIndexOf("\\") + 1).ToString(),
fileNameToAdd.ToString(),
DateTime.Now);
viwDataDS.imagesTable.WriteXml("test.xml", XmlWriteMode.WriteSchema);
}
else
{
MessageBox.Show("That Image Already Exists");
}
break;
case "Videos":
break;
more...
__THISRES__78041.jpg "dragon ball z goku super")
gchopes
04-04 10:32 AM
Hi all,
We just had a baby this past weekend. I will be getting the birth certificate of the baby this week for passport application. However, I understand that the SSN card will come only 60-90 days later. The issue is we need to travel to India after 60 days. Can we apply for the US passport without SSN (or getting a letter from SSN office that the SSN is in-process)? Also, would you recommend a PIO or a visa to India if we need to travel in the next 60 days?
Thanks,
gchopes
We just had a baby this past weekend. I will be getting the birth certificate of the baby this week for passport application. However, I understand that the SSN card will come only 60-90 days later. The issue is we need to travel to India after 60 days. Can we apply for the US passport without SSN (or getting a letter from SSN office that the SSN is in-process)? Also, would you recommend a PIO or a visa to India if we need to travel in the next 60 days?
Thanks,
gchopes
hair 58 - Saiyan: Super Saiyan 4
WillIBLucky
06-21 12:16 PM
Thanks for your prompt reply.Is this the format you are talking about?
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.
______________________________
Signature of Deponent
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father’s name) is his/her father and _____________ (mother’s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.
______________________________
Signature of Deponent
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father’s name) is his/her father and _____________ (mother’s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
more...
Gigantic697
10-13 04:08 PM
I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?
hot dragon ball gt goku super
easygoer
04-07 04:54 PM
It is better if more memebrs write a letter to President as appointment with President on these matters may not seems possible
more...
house User:SSJ Goku - Dragon Ball
kaisersose
05-01 09:44 AM
I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Go ahead with normal. it can be bumped up to PP whenever PP is reinstated by paying $$$. You will save time this way, if PP is not reinstated until the time your 140 is normally processed.
2. Highly unlikely. However, if it does, you can still apply for 485 even if your 140 is pending. I read somewhere that CIS will remove 140/485 concurrent processing in future, but I have no idea about this.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Go ahead with normal. it can be bumped up to PP whenever PP is reinstated by paying $$$. You will save time this way, if PP is not reinstated until the time your 140 is normally processed.
2. Highly unlikely. However, if it does, you can still apply for 485 even if your 140 is pending. I read somewhere that CIS will remove 140/485 concurrent processing in future, but I have no idea about this.
tattoo Dragon Ball Z GT super saiyan
uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
more...
pictures Shadow Dragon Saga Edit Shadow
txuser
05-06 11:22 PM
Following are the documents I attached while applying for L2.
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs
Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate
If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')
dresses Super Saiyan 4 Goku (GT)
va_labor2002
08-23 10:31 AM
SKIL Bill will resolve lot of our issues. There are lot of people supporting this BILL. And, many Big companies are behind this BILL. Still, this Bill is stuck in the congress for many months. Why ? What is happening with this Bill ? We don't know the future of this Bill ? It is in a Black box now !
But,we have to do something to pass this BILL. What options we have ?
What IV is doing now to push this Bill ? IV has done an excellent job in CIR
bill in the senate.
I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.
Thank you.
But,we have to do something to pass this BILL. What options we have ?
What IV is doing now to push this Bill ? IV has done an excellent job in CIR
bill in the senate.
I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.
Thank you.
more...
makeup dragon ball z goku super
paskal
10-22 08:58 PM
a few hours of your time would be invaluable!
make it a family thing- take the time to enjoy yourself too.
but please do help out. needhelp! has put a lot of effort into
this initiative and good will certainly come from it. now your
help is needed. come on folks- a couple of hours? surely that
is not too much to ask for........
make it a family thing- take the time to enjoy yourself too.
but please do help out. needhelp! has put a lot of effort into
this initiative and good will certainly come from it. now your
help is needed. come on folks- a couple of hours? surely that
is not too much to ask for........
girlfriend Dragon Ball Z SUPER Saiyans
Macaca
04-22 09:07 AM
Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
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chanduv23
09-02 04:28 PM
My SR is for my 485, I didn't renew my EAD or planning to renew as I am not using it
It could mean your case is with IO but does not necessarily mean you will get a decision in 60 days - if you get - great - but don't rely on it 100%
It could mean your case is with IO but does not necessarily mean you will get a decision in 60 days - if you get - great - but don't rely on it 100%
Hong12
02-04 01:12 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
kartikiran
01-14 10:41 AM
Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.
Hope that helps.
Hope that helps.
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