go_guy123
02-28 09:53 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.
Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.
Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.
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LONGGCQUE
05-05 10:10 PM
Krishmunn,
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
GotFreedom?
07-30 10:49 PM
The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.
lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
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GCDelay
11-30 11:38 AM
xxxx
more...
sanjaymk
10-14 03:21 PM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I used SRI..Speciality Risk and was happy with the prices they gave me - www.specialityrisk.com
I heard a couple of problems about getting insurance in India, when I first started searching a couple of years ago, but don't remember what they are right now. For all I know, it may not be true now.
All the best.
Sanjay.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I used SRI..Speciality Risk and was happy with the prices they gave me - www.specialityrisk.com
I heard a couple of problems about getting insurance in India, when I first started searching a couple of years ago, but don't remember what they are right now. For all I know, it may not be true now.
All the best.
Sanjay.
abhijitp
01-19 03:47 PM
NORCAL,
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
more...
Macaca
12-07 10:53 AM
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
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sr1973
08-06 12:28 PM
The only LUD was on my 140, which is on 7/13 - There was no LUD on any other applications H1, EAD, AP - One LUD today after the status change. Hope this helps.
Wandmaker,
Wondering if you ever checked if your namecheck was cleared or not.
Wandmaker,
Wondering if you ever checked if your namecheck was cleared or not.
more...
STAmisha
06-19 04:30 PM
please post your comments
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Almond
08-14 12:10 PM
^^^^ sounds like good news, I'm happy for you:)
more...
mmk123
07-17 11:29 AM
I agree as well as dis-agree.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
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jojet
10-26 01:02 AM
guys can someone please let me know what is meant by lud.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
more...
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jnraajan
04-07 02:45 PM
Folks,
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.
But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.
But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.
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indyanguy
12-28 02:41 PM
I filed my 140 on July 2nd though the notice date is Sep 24th. (It went to NSC->CSC->NSC).
Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?
Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?
more...
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conchshell
09-21 09:31 AM
With US Govt. bailing out all banks from their debt, the house price will not fall so fast anymore. The reason is - banks are in not hurry anymore to sell the short sell or foreclosure properties because the losses are taken over by government. Normal house price will not compete with short sale/foreclousers anymore. This is what happened in 1989 too. This will stabilize the prices in coming months once congress makes the RTC a law.
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ujjvalkoul
06-25 06:36 PM
Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
Again ....the risk it totally urs to take.....!!!
I am sure they are doing that so that they can suck u more after applying 485....so at this point even if u tell them it is illegal, they will not budge...
Again ....the risk it totally urs to take.....!!!
I am sure they are doing that so that they can suck u more after applying 485....so at this point even if u tell them it is illegal, they will not budge...
more...
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hoolahoous
09-15 06:23 PM
How about making it standard format. That will make it easy for admins/reporters to sum it up. For e.g. millions of dollars per year paid as taxes by people stuck in GC queue will make a good impact. And so would the average amount of years a person has to wait to get GC. So format could be
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
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priderock
06-16 01:59 PM
Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.
2) Your wife can start using EAD even though you are still on H1.
3) You can use AC21 provision and change to a different company provided:
a) Your I140 is approved
b) Your I485 is pending for at least 180 days
and
c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.
Note: I am not a lawyer , seek legal help in doubt.
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.
2) Your wife can start using EAD even though you are still on H1.
3) You can use AC21 provision and change to a different company provided:
a) Your I140 is approved
b) Your I485 is pending for at least 180 days
and
c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.
Note: I am not a lawyer , seek legal help in doubt.
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chanduv23
03-15 07:08 AM
A lot of people do different things on h1b. It is upto you to carefully report your taxes. As long as you don't get a 1099, it is at your discretion on how to report whatever money has been earned.
The reason why h1b is not supposed to earn income from other sources is because h1b workers are supposed to work only for sponsering employers. But things like apartment referals, gift checks, stock money, etc... has nothing to do with you not working for your employer.
The reason why h1b is not supposed to earn income from other sources is because h1b workers are supposed to work only for sponsering employers. But things like apartment referals, gift checks, stock money, etc... has nothing to do with you not working for your employer.
glen
05-18 01:46 PM
Absolutely great. Love to be a part of IV.:)
rani77
02-02 09:25 AM
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
She cant use her AP to reenter as her AP was approved when she was out of the country. So no use getting the passport back , the processof getting her passport back is wiritng to them that you are withdrawing your visa application but i would suggest not to do that as in your case AP would not her help for re enry.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
She cant use her AP to reenter as her AP was approved when she was out of the country. So no use getting the passport back , the processof getting her passport back is wiritng to them that you are withdrawing your visa application but i would suggest not to do that as in your case AP would not her help for re enry.
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