go_guy123
05-09 09:59 AM
This is why I said 221G is a good initiative. Even if people have to suffer a little bit, full check is needed for every visa stamping and every green card application.
221g is become a unwritten norm in India, sort of like putting roadblocks. The whole visa system was based on "Honor" system but cheating became rampant. Thus the unfortunate need to use unusual measures like 221g
There was a time when marriage to US citizens for GC was used and abused like anything and some US citizen made it their profession (still happens now but lot lesser). Then in 1986 they added a 2 year wait period for GC permanency for GC based on marriage to USC and whole bunch of penalty rules for abuse. They are talking of introducing this even for Canada now (with conservative majority might happen)
221g is become a unwritten norm in India, sort of like putting roadblocks. The whole visa system was based on "Honor" system but cheating became rampant. Thus the unfortunate need to use unusual measures like 221g
There was a time when marriage to US citizens for GC was used and abused like anything and some US citizen made it their profession (still happens now but lot lesser). Then in 1986 they added a 2 year wait period for GC permanency for GC based on marriage to USC and whole bunch of penalty rules for abuse. They are talking of introducing this even for Canada now (with conservative majority might happen)
wallpaper Kristen McMenamy in Chanel
Dj-Studios
06-01 03:55 PM
Id imagind there would be hundreds of steps you would have to write as well
On some of my pieces, that's a big understatment.
On some of my pieces, that's a big understatment.
Dj-Studios
05-16 03:29 AM
Sounds great. I have started but won't get finished until later Sunday. :( sry. But I gotta go to a bachloriet and some special deal at my church for graduating seniors from 9:50 to around oh 4:30 I think. But I will try to get it out by Sunday night.
2011 Kristen McMenamy - Photo
Macaca
03-07 08:24 PM
Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and Damaris Del Valle. Note: Authors are immigration lawyers.
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 isthe party desiring premium process and who will benefit from such processing,9 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 isthe party desiring premium process and who will benefit from such processing,9 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.
more...
anilsal
12-03 09:54 AM
I said I will get stamping done before I return from India for the first time. That way the action of getting I-94 at POE upto Feb28,2007 by official does not arise.
I just want to tell the community that such issues due to "Last Action" can arise and we need to be aware of them. ;)
I just want to tell the community that such issues due to "Last Action" can arise and we need to be aware of them. ;)
panky72
06-23 12:45 PM
can u please email IL at immigrationvoice DOT org with your name and phone number?
By the way, do not forget to send your letters to the president. This is very very important.
I want to join IL state chapter, sent an email to IL at immigrationvoice dot org
By the way, do not forget to send your letters to the president. This is very very important.
I want to join IL state chapter, sent an email to IL at immigrationvoice dot org
more...
JAYASURESH
10-14 07:52 PM
every drops count!! there is no single solution that would buyout all the foreclosures. Immigration is one of the major factors in fueling the economy.. folks, dont tell me that the legal immigration took away the jobs of an american.. may be one or two cases, most of the cases employers could not find any US people to fill ( high tech jobs). Letting the current non-immigrants to have GC, is not going to take away the new jobs.. all these non-immigrants are already in good paying Jobs.
2010 Kristen McMenamy goes great
nozerd
08-07 02:34 PM
You dont have to get NEXUS. It is easier if you do, but you dont Have to.
The wait during regular commute hours in mostly 15 mins. There may be exceptions. However your facts are wrong. NEXUS is not a reqt.
Yes you will need a stable job in Detroit. I am not in IT. I would be transfering to Detroit office of my company but serving same clients that I am serving currently.
The wait during regular commute hours in mostly 15 mins. There may be exceptions. However your facts are wrong. NEXUS is not a reqt.
Yes you will need a stable job in Detroit. I am not in IT. I would be transfering to Detroit office of my company but serving same clients that I am serving currently.
more...
gc28262
03-18 08:28 AM
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
hair 2011 kristen mcmenamy Kristen
Leo07
07-09 04:55 PM
Actually, Paul can answer only in binary. So, we must frame the question accordingly:) ( Pick one box or the other )
we should ask him when EB3 India will get current? He will stop eating after that. :)
we should ask him when EB3 India will get current? He will stop eating after that. :)
more...
GCVivek
03-29 04:52 PM
No, I did not misunderstand. That reply had no quote included and therefore was directed to the person who opened the thread (see very first post from AkhiChopra) and that has everything to do with salary. :o
I think you misunderstood. The OP is talking about his friend, his company and payment from clients. It has nothing to do with salary
I think you misunderstood. The OP is talking about his friend, his company and payment from clients. It has nothing to do with salary
hot Kristen McMenamy is still a
Leo07
11-30 05:03 PM
I can completely understand the liberation from people who take undue advantage of our status. For now, I can only dream about my liberation:)
Best of Luck with your future endeavors. Please stop by to answer any questions on this forum
Cheers!
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
Best of Luck with your future endeavors. Please stop by to answer any questions on this forum
Cheers!
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
more...
house kristen mcmenamy Kristen
approvemy485
05-26 07:42 AM
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
tattoo Kristen McMenamy in the August
mps
07-19 04:18 PM
If it’s small consulting firm with a mom-pop type attorney just be very care-full! I was in same situation in 2001 my H1B pimp promised me that my LC was filed but they were waiting to put me behind 2001 May 31 (all 245(i)) and that’s what they did....that LC is probably still somewhere in PBEC ...well I was new to the game and I ended up wasting almost 5 years on that.
Another story - my wife's consulting firm promised her that if she pays for LC they will continue her GC even if she joins the client we paid almost $7000 for LC it finally got approved probably few months back when attorney and employers stopped returning her call and e-mail. She contacted PBEC and we found that LC was approved...I'm sure they sold it someone else like us.
Anyone needs name of these two consulting firms just PM me
You must insist on photocopy and all receipts for your own record, your life depends on it!
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
Another story - my wife's consulting firm promised her that if she pays for LC they will continue her GC even if she joins the client we paid almost $7000 for LC it finally got approved probably few months back when attorney and employers stopped returning her call and e-mail. She contacted PBEC and we found that LC was approved...I'm sure they sold it someone else like us.
Anyone needs name of these two consulting firms just PM me
You must insist on photocopy and all receipts for your own record, your life depends on it!
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
more...
pictures Kristen McMenamy,
raju123
03-27 12:50 PM
I added this process:
1. Senate Judiciary mark up and pass bill proposal
2. Senate majority leader schedule floor discussion. If bill do not have support of more than 60% Senators, Motion of Cloture can not pass and bill may have indefinite discussion and amendments. It is important to have more than 60% member's support otherwise bill have no future. Senate Kennedy is trying to negotiate with both parties to have more than 60 senators in favor of bill.
3. Senate Pass bill
4. Step 1 to 3 are separately done at House
5. If the language of bill passed by House and Senate is not same, it will go to House/Senate conference committee. It is in power jurisdiction of House and Senate leadership to appoint committee members and their schedule. Last year, House leadership didn't appoint committee for CIR.
6. Conference committee will remove all inconsistency of the bill and approve bill with common language.
7. Senate and House separately pass/fail conference approved bill with limited discussion and no amendments.
8. If it pass by both House and Senate, President will sign it or use veto to the bill.
Long way to go. it really need political will, blessing, and commitment to pass any bill.
Macaca has posted a thread explaninng the legislative process ..
Please go through it...
For a bill to become law...
1. House has to pass it..
2. Senate has to pass it..
They might pass different versions..
3. They have to resolve their differences through conference process.
4. The conference report is approved by both houses..
5. President signs it...
The sempember timeline looks realistic...
Please donot post the same question at multiple places...
1. Senate Judiciary mark up and pass bill proposal
2. Senate majority leader schedule floor discussion. If bill do not have support of more than 60% Senators, Motion of Cloture can not pass and bill may have indefinite discussion and amendments. It is important to have more than 60% member's support otherwise bill have no future. Senate Kennedy is trying to negotiate with both parties to have more than 60 senators in favor of bill.
3. Senate Pass bill
4. Step 1 to 3 are separately done at House
5. If the language of bill passed by House and Senate is not same, it will go to House/Senate conference committee. It is in power jurisdiction of House and Senate leadership to appoint committee members and their schedule. Last year, House leadership didn't appoint committee for CIR.
6. Conference committee will remove all inconsistency of the bill and approve bill with common language.
7. Senate and House separately pass/fail conference approved bill with limited discussion and no amendments.
8. If it pass by both House and Senate, President will sign it or use veto to the bill.
Long way to go. it really need political will, blessing, and commitment to pass any bill.
Macaca has posted a thread explaninng the legislative process ..
Please go through it...
For a bill to become law...
1. House has to pass it..
2. Senate has to pass it..
They might pass different versions..
3. They have to resolve their differences through conference process.
4. The conference report is approved by both houses..
5. President signs it...
The sempember timeline looks realistic...
Please donot post the same question at multiple places...
dresses kristen mcmenamy
raydhan
02-28 01:03 PM
Hats off to you guys for your efforts and hard work. You guys are awesome. Good job and keep it up. We are all with you.
I feel honored to be a part of this elite group of intellectuals and like-minded people.
Good luck for your future endeavors.
I feel honored to be a part of this elite group of intellectuals and like-minded people.
Good luck for your future endeavors.
more...
makeup 2009 Kristen McMenamy 4
vgayalu
01-11 11:56 AM
Hi,
I am from Ann arbor- It is 40 miles away from Detroit.
If there is any chance to meet all of us at some place we can meet.
Let me know any actvities we need to do like Meeting Senate or House Representatives.
I can participate .
narendrapv@yahoo.com
I am from Ann arbor- It is 40 miles away from Detroit.
If there is any chance to meet all of us at some place we can meet.
Let me know any actvities we need to do like Meeting Senate or House Representatives.
I can participate .
narendrapv@yahoo.com
girlfriend Kristen McMenamy by Josh Olins
texcan
09-19 12:34 AM
IV Rally Heros, all of them deserve applause for efforts, leadership and doing an unprecedented jobs.
YOU ALL MADE HISTORY TODAY
THANK YOU,
YOU ALL MADE HISTORY TODAY
THANK YOU,
hairstyles Model: Kristen McMenamy
Totoro
01-26 04:01 PM
Just a warning. The one and only time I filed an ammended return, I was audited. Therefore, I am assuming that ammending a return could cause greater scrutiny by the IRS. Even though my audit went fine, it is a PITA.
go_guy123
05-09 09:44 AM
It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
maheshf
01-24 03:32 PM
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
