Saturday, June 25, 2011

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  • Ann Ruben
    05-15 03:53 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.




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  • piyu7444
    05-08 07:16 PM
    thanks piyu7444 ... dont we all love green (like green card, green car, green back ...)

    Yeah man atleast I do love all the greeeeeeeeensssssssss from dot to dollar....lol




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  • tampacoolie
    07-09 12:46 PM
    Upgraded to PP on 06/27 and received RFE on 07/06 ability to pay.




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  • a1b2c3
    02-05 10:12 PM
    I'm also in the same boat. Cases after me are getting approved.:)



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  • 485Mbe4001
    06-13 01:12 PM
    you should be ok by october - november, cheers...

    Hello everyone,

    I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.




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  • Navigator
    05-19 02:23 PM
    Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
    After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .

    As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
    Also they didnt send me the relieving letter and others indian PF etc.

    They even paid less that that was specified in the LCA.

    I would like to know if you had complaint DOL on this ?

    Regards



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  • krishmunn
    02-19 12:46 PM
    As discussed above with cyrus mehta's blog: This is all discretionary:

    My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".

    Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".

    Good Luck.

    Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers




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  • gcwait2007
    06-06 04:54 PM
    Hi

    I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

    But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

    They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

    Do i stand any chance if i contact DOL or a lawyer not payin' them.

    Any suggestions or help would be greatly appreciated.

    mk58581:

    First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.

    Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.

    I wish you Good Luck.

    PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece



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  • Ramba
    12-23 04:11 PM
    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?


    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.




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  • piyu7444
    04-11 12:08 AM
    They did not ask for old pay stubs. Interview was in Feb 08 so asked for 07 pay stub but not for 06 05 or 04.

    About job responsibility.......I actually started stating what my current job responsibility is.........for real what is on LC is a subset of what I was describing so my guess is that the officer must have concluded that it matches to LC (she was looking at the document which had LC job responsibilities) and she moved to next question. If it did not match or there was some fumbling in answering the question she might have grilled me....:)



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  • coopheal
    12-04 05:15 PM
    I cannot make it to the rally but will contribute 100$ towards the efforts.

    Thanks




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  • pappu
    08-20 05:08 PM
    Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.



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  • indianabacklog
    11-10 04:04 PM
    You can volunteer in a role that is always undertaken by individuals who are volunteers, such as in a hospital setting. In reality if you are volunteering for a for profit they are really getting unpaid assistance which technically should be done by an employee.

    If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.

    I do have this information from a lawyer incidentally as this question arose in our family.




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  • gcdreamer05
    08-04 11:50 AM
    Does your new I-140 have the old PD printed on it ?

    If so you are better filing a new I-485.... and withdraw the old 485, as several threads have explained not to have two 485's running parallel because USCIS itself will ask the user to revoke one...

    Please do let us know what happened after you know the information from M team.

    She would recommend you to file another 485



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  • snathan
    05-19 01:00 PM
    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
    just one cent info....

    How and how they can prove he is not going to do any work at the location, the client will not be charged for that?




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  • clifford
    02-03 05:43 PM
    Probably 1929 depression and current times are not similar. So BTW were those 400K maxicans holding any type of Visa ? Currently as far I know all the 65K H1b Patitions were approved, I do not know for what reason ? If situation was that bad may be only 10,000 k could have been approved and limit could be dropped to 15k for say a period of next 5 years. I am pretty sure that is not going to happen. The Anti H1 wave was probably started by Nobel Laureate Obama when he pointed to Bangalore and then Lou Dobbs and then Senator Grassley and so on. Now if you look at job boards it is clearly mentioned by many job postings "Please no H1Bs".

    Lets not forget that H1B had been misused by many desi firms as well.



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  • immilaw
    12-08 08:48 AM
    Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
    What's the Bill # and which house is it being introduced in?

    Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.




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  • rajpatelemail
    12-15 09:31 AM
    I am lil bit concerned how his spouse I485 eill be dealt.

    With AC21/H1transfer , i guess her status is also fine.




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  • chanduv23
    11-20 11:16 AM
    Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.

    http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html

    This is a significant development and one is likely to affects us all.



    .

    Hmm interesting - I can smell CIR coffee brewing.

    EB folks - brace for a bumpy ride




    chanduv23
    06-19 10:15 AM
    Here is a recap from Murthy bulletin

    USCIS Errors in Denying a Case
    AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.

    Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.

    It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.

    Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.

    If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer




    nashdel
    04-09 08:10 PM
    In my non professional opinion if your wife I 140 is approved then you should have a very low risk for any problem. If I 140 is not approved then you are taking a little more risk. If 140 is rejected, your EAD work might be invalid.

    good Luck



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