Sunday, June 19, 2011

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  • waiting_4_gc
    07-20 02:06 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    You can apply for EAD
    I believe you have to have either EAD or valid H1B
    You can move to new employer using AC21 WITH EAD


    ----------
    Contributed $100.00 so far.




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  • ArkBird
    07-09 04:22 PM
    I think your asylum status is triggering red light. VO has all the reasons to believe that your family may also apply for asylum once they are in USA because you did even with strong family ties in home country.


    Hope this helps.

    ArkBird

    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!




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  • nagio
    01-08 07:31 AM
    Six weeks it is. Sorry I said 7 weeks.

    I just replied in the other thread too.

    My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.




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  • Life2Live
    02-29 01:34 PM
    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?

    Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.



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  • knowDOL
    05-19 10:26 AM
    One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.




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  • chanduv23
    06-07 07:39 AM
    Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..

    Not quite sure. I don't live there anymore. Cost of living is low compared to Chicago and also the salaries are low. Weather is good. It is hot, mild and cold - thunderstorms are common, big city, well connected by delta airlines. City is full of new immigrants and it is lively and bubbly.



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  • mps
    05-13 01:09 AM
    Well I was just thinking about it -

    1) Can we form a labor union?

    I think H1 worker has equal rights as any other native worker

    2) Other idea is to form a Credit union with multiple goals -

    a) Immigration reforms (funded by the Credit Union)
    b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
    c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.

    just my thoughts ...




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  • cagedcactus
    11-11 03:38 PM
    In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
    We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....



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  • FKFish
    01-31 12:18 PM
    Great. Thank you all very much. :)




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  • sanjay02
    06-29 08:35 PM
    I guess the cases that are pre-adjucated are called for interview.



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  • v7461558
    07-13 12:21 PM
    A bunch of suits on a Saturday afternoon in downtown San Jose will sure look strange. Silicon Valley dress code is not the same as New York, or LA for that matter. Slacks and a shirt (maybe a tie) seem to do it even at venture capitalist meetings with company founders.




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  • avi101
    05-19 04:30 PM
    A few more questions:

    1. While the I-140 is pending, can I get a different lawyer to file the I-485?

    2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?

    3. Can my employer withdraw the I-140 AFTER it's been approved?

    Please advise me.


    1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.

    2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.

    3. Yes.



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  • royus77
    09-22 07:40 PM
    This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?




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  • raju123
    06-26 02:51 PM
    Numberusa reported following possible 24 amendments and Cantwell/Kyl amendment is not there. I hope this news is not right.

    Democratic Amendments

    * Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
    * Webb S.A. 1313: Community ties for [amnesty]
    * Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
    * Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
    * Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
    * Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
    * Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
    * McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
    * Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
    * Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
    * Schumer: provides for tamper-proof biometric social security cards
    * Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay

    Republican Amendments

    * Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
    * Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
    * Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
    * Domenici S.A. 1335/1258: increases Federal judgeships
    * Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
    * Graham S.A. 1465: enforcement. Still being drafted.
    * Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
    * Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
    * Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
    * Chambliss S.A. 1318: Totalization agreements
    * Isakson S.A. 1282: Preemption/Home Depot
    * Graham: Criminal penalties/mandatory minimums for overstays




    There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?



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  • BMS1
    08-21 06:37 PM
    are you in EB2?
    Yes I am.




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  • krishgreen
    05-25 11:30 PM
    Thanks for sharing your experience.I have appt on Thursday May 27th. I am carrying all the documents with me including the letter from my project manager.

    Also, did VO asked any specific questions about employee & employer relationship if you are working for a small consulting firm.

    When you say VO asked about Employment verification letter, does he mean letter from the client or letter from your employer confirming your employment and salary details?

    Chicagobuddy: I will share my experience once I attend interview on May 27th.



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  • hopeful08
    02-26 12:16 PM
    If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.

    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..




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  • veni001
    02-03 02:04 PM
    anyone know if,

    Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs ) + 5 years Experience

    qualify for EB2 ?

    thanks,

    I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.

    You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc

    For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)




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  • franklin
    07-13 03:28 PM
    Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?

    We may follow the principles, but we are not all Indian. There will be a significant non Indian presence at the rally.

    Please guys, I love your enthusiasm, but lets not confuse the people attending the rally :) You've now made me think for about 30mins about what I should wear tomorrow!

    Official dress code, and presentation will be posted in the main thread shortly.

    Trust me, we plan to make this one VERY different than illegal rallies.




    eatpavbhaji
    04-22 02:20 PM
    I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.

    LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.

    ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.


    LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.

    Below comments have gone to comments for elimination of labor substitution.

    TOP 10 reason to support rule to eliminate labor substitution.

    1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.

    2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.

    3> Many company started selling labor applications as key business

    4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.

    5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.

    6> Why one need to substitute labor when they can file new labor for new person anyway.

    7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!

    8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.

    9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.

    10> Companies used to stock labor applications like grocery (actually like
    gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.




    clockwork
    05-10 10:15 AM
    Guys,
    I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.



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