E-Verify : What is e-verify and how to SELF Check.

E-Verify is an Internet-based free system developed by the United States Government to provide business and companies (employers) to verify the work authorization of an alien. It is operated by Department of Homeland Security (DHS) and Social Security Administration(SSA).

If a business or an agency wants to employ foreign worker and would like to use this free service then they need to sign up with E-Verify on the DHS website [ https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES ]

To keep the system transparent and to make sure the alien worker know his/her work status, E-verify system was made available to the foreign worker through their Self-Check system.

Below I will outline the steps involved in verifying your work authorization.

1. Keep your Alien# and I-94 number ready.

2. Go to https://selfcheck.uscis.gov/SelfCheckUI/start.html

3. Enter your details such as Name, Address, DOB, and SSN

4.The site will take you to a third party verification service in which you will be asked about 4-5 questions to verify your identity.

5.After successful verification you can enter the Alien number or I-94, if you do not have the A number just enter the I-94 number and click continue.

The resulting page will provide you with the confirmation about your work authorization. Good Luck!

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OPT Application Problems and Troubleshooting.

NOTE: The steps outlined in this post are an outcome of research on other websites such as USCIS.GOV and other immigration discussion sites. Some of the methods of contacting USCIS mentioned in this post are available on the USCIS.GOV.  These steps may not be in the correct order or may not be appropriate for your case. Please use your best judgement depending on your case. Please use the comments section to ask questions. Good Luck!

OPT Application Problems?

This has become a trend with USCIS and Applicants where, the application receipt is not received by the applicant within 10 days, the check is cashed by USCIS, or their application is pending for more than 90 days. What can be done? I have been trying to research on it and it all comes to basics.

Be Aggressive, don’t wait till the last minute, do it now, do it all.
Aggressive approach to obtain information starts with keeping documentation from confirmation receipts from USPS or UPS or FedEx, Bank Account Transaction of the check that was cashed by USCIS or the emails you wrote to USCIS or your international advisor.

Be prepared to re-apply. Keep the $350 or odd dollars ready.
If everything fails, do it again, just in time. Do not wait too long. This time make sure you keep a paper or electronic trail.

Be cool, be Open, Don’t get discouraged by the organizations or institutions. Life is hard in any country, it sucks, but it’s the way it is, you need to come out a winner.

Okay now, coming to actual steps you could take,

1. Email your advisor, and make him call USCIS and open a case.

If you advisor has good contacts with USCIS and is a friendly advisor who is ready to help take his/hers full advantage. Sit in his/her office till he can help you. They may already have experienced this problem with another student.

2. Email the USCIS Service centers. Remember; make a ‘copy’ of all the copies of

• US Postal Service/UPS/FedEx Confirmation Receipt
• Bank Transaction of your Check, if your check was cleared.
• Your OPT application (Extension or new)
• Any other information, such as email copies of communication between you and USCIS, Your International Advisor.

** Always CC (Carbon Copy) your International Advisor and yourself, when emailing any communication between USCIS and you.

USCIS Service Centers ( Text extracted from USCIS.GOV )

If you contacted the National Customer Service Center with a case-related inquiry and more than 30 days have passed and you have not received a response, you may email the appropriate USCIS Service Center with your inquiry:

California Service Center: csc-ncsc-followup@dhs.gov

Vermont Service Center: vsc.ncscfollowup@dhs.gov

Nebraska Service Center: ncscfollowup.nsc@dhs.gov

Texas Service Center: tsc.ncscfollowup@dhs.gov

If you do not receive a response within 21 days of contacting the Service Center, you may contact the USCIS Headquarters Office of Service Center Operations by email at SCOPSSCATA@dhs.gov.

3. Call the NCSC, see if they can help. ( Text extracted from USCIS.GOV )

Call the National Customer Service Center (NCSC) at 1-800-375-5283 if:

You believe you have submitted your application but: You did not receive a Confirmation Receipt Number Your case remains in the “Action Needed Status” on the My Forms screen, or You were charged for the fee (and have checked with your Credit Card merchant or banking institution to confirm) but have not received your Form I-797, Notice of Action, by mail within 10 days of filing your application.

4. Finally, bite the bullet and re-apply.

You have tried everything and no solution yet? Don’t give up! Not yet! Take a day’s break relax and go to your advisor and tell I want to re-apply. This time, make sure you do the following correctly

• Make sure your application is correctly filled out
• Take tracking/confirmation upon receipt from the shipping service.
• Keep an eye on the tracking. You should see a ‘delivered’ status from the shipping service. Print this out for your records.
• You should receive a receipt within 10 days from the date your application was received. If you don’t see it then make the necessary calls (Steps 1 through 3).

Lastly, remember that you have right to information. You can write a detailed message about your application and send it to the address below asking about the information on your case.

Freedom of Information

USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:

U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Fax: 816-350-5785
uscis.foia@dhs.gov

Passport Service in Indian Consulates in USA (Eg. Houston Tx)

Steps to renew your passport at the Indian Embassy in USA (Houston Tx)

1.       Go to https://passport.gov.in/nri/OnlineRegistration.jsp and fill the application and print the application. It says online application, but it’s just a form that you will enter data to print. The information is not sent to the Indian Embassy.

If you have difficulty with the electronic form for any reason, then print this form and fill it out using a black ink http://www.immihelp.com/nri/miscellaneous-services-indian-consulate-houston.pdf

2.       Depending on the service required, your documentation will contain the following required documents plus additional documents (service requested documents for more info)

Required Documents:

1.       Current or Expired Passport, VISA and I-94 – proof that your are from India.

2.       US Drivers License, House or Apartment lease agreement, Bills (Gas, Phone, Electricity)– Proof of residence.

3.       Green card, EAD card, I-20, H1b Approval – Proof of status.

4.       Photographs – have 2 copies, 3.5 cm X 3.5 cm , same as our Indian Passport size photo. Go to Walgreens or any Instant photo place and request them if they can resize it for you. I got it clicked at Walgreens and the lady was very nice, she cropped it accordingly before printing it American Passport Size and then I had to use scissors to cut it to the Indian Passport Size. Remember, you cannot just cut the American Passport Size to make an Indian Size because then your face will be too big in the picture. Get the idea? J

5.       Dollar bills, yes, keep cash at hand. It will cost anywhere between 40 to 100 dollars depending on the service.

You can either pick up your passport or request it to be mailed.

Service specific requirements:

1. Expired passport:

a. Affidavit required if expired for more than 1 year- http://www.immihelp.com/nri/indianpassport/affidavit-lost-passport-washington-dc.pdf

* Other consulates will require other documents. The above only pertains to Houston Indian Consulate.

2. Change of address:

a.       Include original evidence of new address from India, such as Tax returns, Electricity bill, Phone bill, Affidavit stating the new address or any certificate from a government or official authorized personnel in India.

IF YOU HAVE ANY QUESTIONS, PLEASE USE THE COMMENT SECTION.

 

Drivers Licence 101 in USA for H1b F1 or Visa Holders

NOTE: This post was originally started for Texas State, however due to the
increasing confusion regarding paperwork for DL in most states, I have
created a DL Check List Page for all states.

Procedure for obtaining a Drivers license (DL) in USA has been evolving and during the past couple of years we have seen new rules in place.  This blog will summarize and prepare you to apply for a new DL, renew an expiring DL, or apply for change of address on your current DL. Please note this is not an official DPS blog and I highly recommend you read and go through the respective DPS websites of your state for accurate information. This blog aims to bridge the gap between immigration requirements with DL requirements.

Looking for information on DL paperwork requirements for your state? Check out the *** New *** Post DL Check List Page for more information.
This is work in-progress. This is aimed at collecting and providing accurate paperwork requirements for all states in USA. Thanks to you all!

• Read the original full article….
• Go to the new DL-CheckList Page*

Resident Alien, Alien what?

This post has been long due considering the number of questions everybody is asking and problems the new students on F1 are facing. This is post will help to clarify the doubts such as- if you need to pay Social Security Tax , what type of resident you are for Tax Purposes and clear some misconceptions.

Misconception.
#1. I need not pay Federal Tax for your Income if you are a F1 student or on OPT.

Truth: 99% of the time you have to pay tax for the income you earn. Until unless your country has a tax treaty which tell you not to pay or pay a percentage. If you are from India, there is no such treaty and so yo have to pay your Tax.

#2. I need not pay SSN and Medicare Tax because I am on F1 Status.

Truth: F1 is not a status, further Social and Medicare Taxes can be withheld if you are considered as a resident alien for Tax purposes. Even though you are on F1 (which is a Non-Resident Visa) you are considered as a resident alien if you meet the few criteria (discussed in the Definition of the Resident Alien below).

A: Resident Alien and Non-Resident Alien

Who is considered as a Resident of United States for IRS Tax purposes?

Definition of Resident Alien

Resident aliens generally are taxed on their worldwide income, similar to U.S. citizens.

To be classified as a resident alien, the individual must meet one of two tests:

1. Green Card Test

A non-resident alien is a lawful permanent resident of the U.S. at any time if they have been given the privilege, according to the
immigration laws, of residing permanently as an immigrant. This status usually exists if the Bureau of Citizenship and Immigration Services
has issued a green card.

2. Substantial Presence Test

A non-resident alien is classified as a resident alien for tax purposes if they were physically present in the U.S. for 31 days during the
current year and 183 days during a three-year period that includes the current year and the two years immediately before that counting:
a. All the days you were present in the current year, and b. 1/3 of the days you were present in the first year before the current year, and c.
1/6 of the days you were present in the second year before the current year.

Definition of Non-resident Alien

If a person does not meet either the Green Card or Substantial Presence Test, then that person is classified as a non-resident alien.

• A new arrival on a J-1 or F-1 visa is generally a non-resident alien.

Non-resident aliens are taxed only on their income from sources within the U.S. and on certain income connected with the conduct of a trade
or business in the U.S.

B. Social Security and Medicare :

Nonresident Alien Students( The text below is direct from the IRS Publication p519)

If you are a nonresident alien temporarily admitted to the United States as a student, you generally are not permitted to work for a wage or salary or to engage in business while you are in the United States. In some cases, a student admitted to the United States in “F-1,” “M-1,” or “J-1” status is granted permission to work. Social security and Medicare taxes are not withheld from pay for the work unless the student is considered a resident alien.

Any student (Non-Resident)  who is enrolled and regularly attending classes at a school may be exempt from social security and Medicare taxes on pay for services performed for that school.

The U.S. Citizenship and Immigration Services (USCIS) permits on-campus work for students in “F-1” status if it does not displace a U.S. resident. On-campus work means work performed on the school’s premises. On-campus work includes work performed at an off-campus location that is educationally affiliated with the school. On-campus work under the terms of a scholarship, fellowship, or assistantship is considered part of the academic program of a student taking a full course of study and is permitted by the USCIS. Social security and Medicare taxes are not withheld from pay for this work unless the student is considered a resident alien.

Students in “F-1” status may be permitted to participate in a curricular practical training program that is an integral part of an established curriculum. Curricular practical training includes work/study programs, internships, and cooperative education programs. In this case, the educational institution endorses the Form I-20. Social security and Medicare taxes are not withheld from pay for this work unless the student is considered a resident alien.

Employment due to severe economic necessity and for optional practical training is sometimes permitted for students in “F-1” status. Students granted permission to work due to severe economic necessity or for optional practical training will be issued Form I-688B or Form I-766 by the USCIS. Social security and Medicare taxes are not withheld from pay for this work unless the student is considered a resident alien.

Students in “M-1” status who have completed a course of study can accept employment for practical training for up to 6 months and must have a Form I-688B or Form I-766 issued by the USCIS. Social security and Medicare taxes are not withheld from “M-1” students’ pay for these services unless the student is considered a resident alien.

In all other cases, any services performed by a nonresident alien student are not considered as performed to carry out the purpose for which the student was admitted to the United States. Social security and Medicare taxes will be withheld from pay for the services unless the pay is exempt under the Internal Revenue Code.

Sources:

SSN & Medicare Tax:http://www.irs.gov/publications/p519/ch08.html#en_US_publink1000222689

Resident or Non-Resident: http://www.irs.gov/businesses/small/international/article/0,,id=129390,00.html

How I got out of Bally Total Fitness Contract

After a 8 month long Battle with Customer care and Membership department. I finally got out of the Contract.

The problem: Click here to see why I had a problem and how bally total fitness had made my life miserable.

Month 1: January

It was January of 2008. My fiancee, who was going to Bally Total Fitness with me as a add on member had to leave to India after finishing her studies in March.

I requested for cancellation of the membership for her. A 50 Dollar Check was required and evidence ( her one-way ticket to India) to show that she would not be near a Bally Total Fitness Centre ( One of the ridiculous conditions in the Bally Total Fitness Contract.)
After sending , a request for cancellation via Fax and then sending the same with a check by mail. ( Please note, there is no Telephone number to Bally Fitness Cancellation Department – Ridiculous!) Anyways, I did not receive any conformation about the cancellation for over 2 months and I was being charged the total amount of 65 dollars a month. The check of 50 dollars was en cashed the week I had sent the mail. This gave me a bad message, as there was no way I could contact the cancellation department, I called the customer care. All they said was ” We will get with the cancellation department and check why it was not canceled.” )

Month 4:April

I completed my studies and was planning to leave to India for good 3 plus months. As I was still paying, unsuccessful in canceling my Fiancees membership thought, canceling my would finally cancel my contract. So I called the customer care to find out what I needed to send them.

List of Documents:

1. Leasing Document of the new Home address/ new postal forwarding slip/ new drivers license with new address.

Or

2. A one way ticket ( as I was traveling out of the country)

Month 6: June

There I was, happy and finally thought that it will be all over. Drafted a letter, attached my one-way ticket and sent it to the Cancellation Department with a request to cancel the membership and contract and that I was traveling in July for good.

I waited for some confirmation of my cancellation but instead I received a Letter from the cancellation department that they needed my fiancee’s one-way ticket. I was furious as I had sent it long time back. It also asked for a 50 dollar in check to cancel. This was really not making sense because, I had done this in January.

Thank God!, I had all the copies of all the documents I had sent them, so I made copies of all that sent it across and also attached my one-way ticket, my parents address ( note,I did not have a leasing document because I would be living at my parents home.) and the Copy of the Check and the bank transaction. I called the member services and found that they had received all that in Jan, and then in June and also I told them, that I was sending everything again as I received that letter. The member service assured me that it will all be taken care. I left the country and was in India for 3 months.

Month 8: Sept

I got my work Visa and decided to come back. Came back and everything was good. Started all my services, like Phone, Electricity etc, then I remembered Bally Total Fitness. Contacted them just to check if everything alright. First I got a message on my account that I owe them over 300 Dollars. Then my address was updated and when I spoke to the agent, told me that I owe them over 300 dollars and I a credit of about 2300 in debt, which I had to pay off or else my credit score would be affected.

The days that followed were nothing but a painful and stressful calling the member support, sending faxes to cancellation, etc. After sending over 10 Letters, 3 Faxes,18 calls to Bally Total Fitness in 2 months, I was finally able to get out of the contract. I read somewhere that ” Just by never giving up and sticking to your point, one can achieve a difficult goal” and this is what I did.

The Solution that worked for me:

1. Writing letters once every week. Started as a Request to Cancel Letter, slowly transferred to a letter of ordering the cancellation that extreme steps would be taken such as legal action. Made sure I sent a copy of the previous letter every time I sent a new one.

2.  Calling customer care and making them contact the cancellation and speaking to supervisors. Every time I called, I recorded every word I spoke and documented it.

3. Sent Faxes and letters of how their mistake is affecting and giving them time.

Finally,

They heard my message, I was not ready to give up. They knew that had no choice but do the right thing. In December first week, they finally canceled my contract, canceled my membership and refunded me some  12 dollars, some account, what ever it is,I can say that the persistent calling, mailing and faxing helped!

Good Luck to you. Hope you win your case.

-Cheers.
Durgesh

Review of Bally Total Fitness.

Hey finally I got out of the contract. How? Find out here

Hello Folks,

Please do not join Bally Total Fitness if you dont think you can be with them for 3 Years. I am suffering sometimes sleep less nights and frustrating phone calls to customer care and sometimes I fight with my wife because I have a bad mood. Thanks to BALLY TOTAL FITNESS.

What Sucks?
Its Cancellation Department.

Why?
Because they really do not exist.

Why do I feel this way?
In Nov, 2007, I and my wife ( then my fiancée) joined Bally Total Fitness and after going through the Contract and speaking to the Dude Trainer at the Webster Center, Houston Tx and reconfirming with him that we can break the contract in the condition that,

1. We will be going to India, may be for good or come back after more than 3-4 months, depending upon our Visa. We were then on Student Visa and I was going back in July.

2. If I relocate to an address in which there is NO Bally Total Fitness, then I get to break the contract. Allright.

What actually happens?
The cancellation department tells me ( Snail Mails me) that insufficient information. ( I had sent a one way Ticket to India and my Indian Drivers Licence)

What did I do?
I sent a letter, with everything, they needed,

• Indian Address Proof,
• My Graduation Degree,
• Information about my Flight which I am taking to India for good.

I called Bally Total Fitness, before I boarded the flight to ask ” Is every formality taken care?” Their reply was ” YES, we will process your cancellation”

What did I do?
Kept all my documents, Faxes that I had sent and left for INDIA in the second week of July 2008.

Now what Happened?
I got a Work VISA and my wife and I got back to US again!. but to my dismay, I found BALLY TOTAL FITNESS Reporting bad Credit and then after several calls found out that my Contract was not COMPLETELY canceled.

What a word is that? NOT COMPLETELY Canceled?
Its been over a month and I am still fighting and will continue to. Fraud is intolerable and I know I am not wrong. Then why should I give up.

I believe that I will get justice because my Wife believes in it and most importantly she believes in me and I believe that truth is always difficult to handle but glory will be of him, who speaks the truth.

This is a lesson for us and a warning to everyone before getting into any organization as a member. Please GOOGLE the name of the Organization before joining them, you will find Reviews, complaints etc,

Bally Total Fitness is a Fraud company with non reachable cancellation department and now has filed for bankruptcy and has traumatized me for several months now and keep harassing m by reporting bad credit to my credit bureau.  Why should I be at loss for no mistake of mine.

Here is the website for your verification..

https://www.ballyfitness.com

Note TO BALLY TOTAL FITNESS:

If you feel that I am propagating a wrong information or you want to sue me, then call me on my number ( I know you guys have it) so that ” At least I will be able to get to speak to You and ask for my Money and feel good that at least I was able to speak with someone”

Cheers

The Author

Check Your Status of APPLICATION [H1B or OPT]

Its simple

** Coming Soon 1/20/2011 : FAQ’s on OPT Application.

I am collecting all the questions that candidates have asked on this blog in one page for easy reading : OPT FAQ’s.
Please check back later.

Go to https://egov.uscis.gov/cris/jsps/index.jsp or Click Here

Have your application number [Alpha numeric number] ready.

You will be able to do the following:

1. Finding the Status of Your Case
   
2. Case Status Portfolio with Updates via Email

You can add any number of application numbers. For Eg: I have added my H1b Application and the OPT extension application number and configured it to my email.

Good Luck!

-D

OPT Extension Options

So last year you filed for your H1 and it came back saying, “You’ve been approved”, but hey wait… in not so small writing is “We have denied your H1 because you never had your graduation certificate”. Well just dandy I say… Why do you even bother to tell me I was approved in the first place.

A year goes by with you as God (as all of us on OPT feel), and then it dawns on you that your OPT is expiring and you fall to a status a little less Godly. H1 time is around again and God forbid we (in Masters quota) fall prey to the lottery system. But it happened.

Our situation now is worse than being stuck between a rock and a hard place. In order to stick around we have to be picked in the lottery. Of course there are other ways to stick around (remember, the hardest part is making it to the US. After which you are in a state of perpetual bedlam bliss), but you are trying to get the smoothest, cheapest way out.

What ensues is short of a roller coaster ride (not circles, but highs and lows).

H1 applied for – Nail biting tension

H1 goes into lottery – Hair pulling tension

H1 selected – Rejoice!! Nothing can stop us now

Cap Gap – Just when I thought we were through

USCIS Interim Rule release – Yaaay!!! Party again

OPT Extension requires H1 Approval (not receipt) – Gloom again

E-verify done- Finally!!! 17 month extension obtained.

So what’s the final verdict? There are currently 2 ways to extend your OPT.

Method 1

Get your company to E-verify and then give this information to the school along with an OPT application fee of ~370$. Your OPT is now magically extended to 17 months and will get terminated when the COS of your H1 is applied.

Method 2

Get your H1 approval (via premium processing) and submit those documents to your school (read Intl Advisor) and they should be able to get you an extension up until October.

Hope this helped. Good luck.

“May the EAD be with you!”

- Author of blog.rameshbhaskar.com

OPT EXTENSION PROCEDURE

here is what I got from my lawyer.

1) For the automatic extension of OPT till Oct1st we have to make sure our applications that went through were on Change of Status. If not use the latest Notice Information (Click to go to USCIS.COM web page. (note H1b Approved Applicants will get this automatic extension till Oct1)

2) My lawyers office has started receiving Receipt Numbers for a few applications and she said that she is expecting it to start pouring in by May first week and by June 2nd week slow down and get over with by June mid-month. Though she also told me that few applications , very rarely are not evaluated and receipt number is sent in the month of aug-oct. So I hope we are not in this category.

3) I had been to UHCL, Andy Sale told me that , he now has an ICON on this screen(USCIS Log In for Intl Advisors) to issue I20s used for OPT Extension (17 Month)  and it doesn’t work now . He expects it to be functional soon but I doubt him because he said next Tuesday ( bloody hell) and that’s like another 4 working days. Will try and get an update on that this Friday again.

you have time till Dec right? or am I wrong, anyways, keep your application for 17-month extension ready , as soon as your Intl.Adv has the power to Issue an New I20 you can apply. By the way, my OPT expires on May 13th and I am behind this one!. See below for details of Application documents required.

Thats all for now, and hey check below for the List of Documents.

1. 2″ X 2″ Passport Size Picture- Walgreen’s – $8.58/-
2. Application I-765 (Click to open the Document) and Download Instructions to fill it out Click Here for Instructions)
3. EAD Photocopy ; front and back
4. I-94 Photocopy ; front and back
5. I-20 , issued within 30 days of application of I-765 ( Get a new one issued with a new starting and ending date of OPT)
6. Passport Demographic information ( All pages which has Addresses and Names and Other info)
7. Visa
8. Proof of Masters ; Masters Degree
9. Check for $ 340/- made to Department of Homeland Security

Applications for Extensions will be sent in the same fashion as we sent the OPT extension last year (remember we posted it ourselves after getting it verified from Intl Adv? )

Cheers!

-D