Saturday, June 25, 2011

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  • pappu
    02-09 11:42 AM
    IV is in touch with USCIS, Admin officials as well and continuing our efforts with lawmakers. A year ago it was difficult to imagine. We have covered lot of ground in the past one year and this year due to the support of all our members we feel very motivated. Visa bulletins are very negative and let it be an inspiration for all of us to work harder to get rid of retrogression.





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  • sanju_dba
    08-04 12:19 PM
    Kumar1,
    where can i validate this
    "Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
    My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.





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  • Winner
    06-14 09:29 AM
    I signed contract on my house and now looking for a mortgage. I’m looking at eLoan, LendingTree, credit union and a few banks/lenders listed in Bankrate.com.
    I would appreciate if you can share any information regarding any of the lenders, your experience dealing with them or any other useful information which will help me make a informed decision.
    I’m at Houston, TX.
    If you are one of them who would like to remind me it’s not an immigration related question….I’m an immigrant and I have a question….so would it make it immigration related? :)

    Thanks for your time.





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  • snathan
    08-04 12:15 PM
    Team,

    I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.

    my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?

    Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?

    if my eb2 gets denied, what happens to my eb3 case?

    Please advice.

    Thanks,
    Matt.

    Its tough at I-140. But you wont have any issues with EB3



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  • Girls#39; Generation#39;s comeback



  • hopefullegalimmigrant
    04-18 07:25 PM
    Thanks for sending the email. Whats the email address that we can use to reach Obama.

    Contact the White House | The White House (http://www.whitehouse.gov/contact)


    Lets DO something, Please send email, regular mail or what ever method or means.





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  • zCool
    04-10 08:26 AM
    There are 2 separate issues here..
    1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
    2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.

    I agree with other commentors here, you should move on. In your case, moving on would need,
    1. Make sure you got paid for actual time you were on the contract.
    2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
    3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,

    Basiically don't be scared, don't get mad, get even..

    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
    to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday



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  • Girls Generation – Chocolate



  • gsc999
    03-04 01:02 AM
    Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
    --
    You know what, you win I loose. Keep paying for your GC out of your pocket.
    7.5K and counting. :p





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  • bharani
    10-02 10:57 AM
    IMHO If you have money save it for future payments(atleast a year's payments). If you lose job, this money will help make your payments.



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  • mbawa2574
    09-21 07:04 AM
    Pankaj did a great job by Singing it . From Strategic point of view-I feel Singing American National Anthem when you are not even a Permanent Resident not to talk about Citizenship was a over reaction just to show Americans, how assimilated we are . Every other activity in the rally looked great except the national Anthem singing. Generally whenever you sing someone else's National Anthem, protocol is that it is either preceded or followed by your own. We still owe allegiance to the country whose passports we hold. Just my 2 cents....





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  • bigboy007
    11-21 01:59 AM
    there is no "Permanent" Job in us, I assume you are now atleast 5 years old or having masters degree... we already have these in place...

    Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...



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  • tonyHK12
    03-31 11:43 AM
    done! great Initiative
    .





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  • reddog
    04-17 10:39 AM
    Just want to share the info that I have received the Permanent residency approval notice Y'day.
    Have been here in us for more than 10 years. No more h1b renewals/ stamping, DL renewal issues/ EAD issues etc etc.

    congrats bhatt.



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  • shaq
    02-14 08:32 AM
    My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.

    Thank you





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  • DarkChild
    05-17 02:02 PM
    nice one dj, really nice one to be more specific :thumb:



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  • HariRamNai
    07-15 10:29 AM
    Hell yeah! I'd do the same to that Skin Head





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  • nonimmi
    02-28 10:43 AM
    Anyone knows how to retrieve old record from inszoom (Immigration forms, case management company)? It shows record expired. Is there a way to get it from them?



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  • nitkad
    04-18 11:30 AM
    It seems like you are one lucky guy if you are from India or China :)

    If you are ROW then I guess you were born lucky. Just Kidding!! I love my country where I was born and grew.





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  • qesehmk
    07-09 04:44 PM
    we should ask him when EB3 India will get current? He will stop eating after that. :)

    Dude that was really funny! Gave you green for that.





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  • gc28262
    08-17 05:25 PM
    Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.

    The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.

    As per INA/USCIS, many of the following won't qualify for EB2:

    CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)





    cbpds
    05-11 04:20 PM
    Thanks for lowering my expectations, will revisit bulletins in October possibly.

    Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
    Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?

    Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
    Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
    Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug foreward
    Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug foreward
    Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?





    jkamel5
    07-10 08:38 PM
    Thanks for your amazing help.
    I have two more question that I am not sure about:

    1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?

    2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?

    Thank you,
    John



    Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).

    If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.

    The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.

    The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.

    From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.



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