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.
wallpaper 2007 Saturn Outlook XR Fairfax
Ann Ruben
03-29 08:06 PM
Yes, if the I-140 has been approved, your brother is entitled to use the 2007 PD on any subsequent I-140.
ramaa
06-21 01:05 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
Thanking you in advance.
2011 2007 Saturn Outlook XR
DUNBAR
09-22 12:48 PM
My labor was filed in 2008, got the Audit in filed month 2009,responded and got cleared in filed month 2010.
more...
go_guy123
01-04 10:30 AM
This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.
Canadian_Dream
02-27 01:31 PM
I have the exact same question for the original poster. Do you know someone or have heard from several people who were scrutinized about intent after leaving the employer upon GC approval ? I know folks who left with in few months and completed naturalization without any issues, but that's an anecdotal evidence and doesn't prove anything. Please let us know your source of information.
You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:
You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:
more...
mhathi
05-16 11:19 AM
I have called all the members identified on the thread. They
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
2010 2007 Saturn Outlook XR
pappu
08-19 01:27 PM
Hi,
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
You can ask this in the Attorney conference call today
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
You can ask this in the Attorney conference call today
more...
jasmin45
08-08 04:27 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
hair 2007 Saturn Outlook XR
newfoundland
08-04 03:48 PM
Hello,
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending
more...
peer123
04-03 08:00 PM
I am sorry m friend, I can understand, if I can console you in any way, I lost couple of offers like this already, I have confirmed with my potential employer he seem to understand the process about EAD and said it should just work fine.
hopefully it will work out...
hopefully it will work out...
hot 2008 Saturn Outlook XR
gcisadawg
04-07 05:08 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
more...
house 2007 Saturn Outlook XR Houston
piyu7444
07-23 11:31 AM
Hi,
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.
tattoo 2007 Saturn Outlook XR Houston
anurakt
01-03 11:12 AM
I think we should give an option for more than $100 too i.e. a blank field with a validation that it cannot be less than 20$. Also instructions should be given on how to cancel the monthly subscription. Also it should be agreed by the patrcipant that he won't ask for money back and in case he does that we should be putting rules around it such as administrative fees. This would make sure that the fees IV pays to paypal for transactions is taken care of.
My suggestions , doesn' mean that these needs to be implemented , also all those who sign of monthly with proven monthly of minimun 50$ should only be allowed to get into members only forum threads etc etc...again $50 is an example....
My suggestions , doesn' mean that these needs to be implemented , also all those who sign of monthly with proven monthly of minimun 50$ should only be allowed to get into members only forum threads etc etc...again $50 is an example....
more...
pictures 2007 Saturn Outlook Xr Sport
immi_enthu
12-28 10:07 AM
I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.
This is not the first time. It's so frustrating . Well, that's USCIS for you.
This is not the first time. It's so frustrating . Well, that's USCIS for you.
dresses 2007 Saturn Outlook Saint
bhasky25
10-11 02:31 PM
I do not wish to refile my GC.. I just wanted to know if I can get my HB1 renewed even after the underlying 140 is revoked...
more...
makeup 2007 Saturn Outlook XR Ballwin
mikrupee
07-27 03:26 PM
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
girlfriend 2007 Saturn Outlook XR High
m79
08-03 05:02 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
hairstyles 2007 Saturn Outlook XR Houston
browncow
03-12 10:31 PM
congrats.
raysaikat
05-25 01:50 PM
Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?
Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?
Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.
Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?
Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.
h1techSlave
10-01 11:02 AM
I just wanted to point out that a delayed FBI name check is useless any way.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.