Thursday, June 16, 2011

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  • hopefulgc
    09-02 11:57 AM
    If this is not like a "third world" goverrnment/municipality office, then what is?

    I think we all might just have to form groups of 10 people each and file group WOMs replete with reimbursement of attorney expenses.






    Edit. Latest ..on my case.(with a little history) and this is hilarious.

    8/21/2008 : Talk with the California Service Center (hopefully)
    Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
    Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.


    8/22/2008: Talk with Customer Service
    Customer Service: Your case is still in California.

    9/2/2008 : Info pass appointment. Talk with IO
    IO: Your case is still in TSC but will be transferred to CSC soon.

    I cannot believe such an organization exists in the world.
    ************************************************** *********************************




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  • potatoeater
    05-10 10:43 PM
    Don't do it. Its a trick!!! You will be run over by really big airplanes!! I mean really big!


    there is a huge run way... Try to make use of it.




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  • mpadapa
    10-10 06:40 AM
    H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).

    H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/

    augustus U'r lawyer is absolutely correct. Come on folks don't scare people..


    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz




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  • reddyram
    07-19 01:36 PM
    There are too many If's and Buts over here.
    If you confront your company telling them you want to leave , they will immediately summon you to return back to India. There is NO WAY where you can be in US, X fer H1 and keep them happy..IMHO ..I doubt any.They have very strict dictum because this the biggest fear - ur using them instead of them using u .
    So u can respectfully return back to India , to keep them happy and then start all over again OR
    u can do some hunting :
    <> Prev WIPRO employees "Jumping" record. What happened to them
    <> Date some HR , BA pass , aunty over there . "Make her happy aunty " every day and night :D and then she will tell u , in realistic terms how ur company pursues cases like u so u know what is the likely outcome.



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  • nomi
    12-08 08:20 AM
    DEAR FRIENDS OF AMERICAN PROGRAMMERS, ENGINEERS, NURSES, PHYSICAL THERAPISTS AND SCIENTISTS,

    Our citizen network did quite a job again today.

    I cannot predict. But as the Senate offices begin to close their phones down for the evening (even as the Senate continues to do business), our friends on the Hill are feeling much more confident that we will wake up tomorrow morning and find that Sen. Cornyn and and the tech industry lobbyists will NOT yet have succeeded.

    Some, though, believe Cornyn will make another attempt tonight to get a vote on his bill to almost double H-1B visas and employment-based greencards next year. Once the phone lines are down, however, you just have to take a rest and know you did what you could and hope that your efforts were enough to pull us through this evening.

    Your thousands of phone calls made a major impression on all Senate offices and on both Republican and Democratic leadership offices in the House.

    Our Capitol Hill Team is hearing from many staffers that this has been one of those "Phone Phenomenon" days in which one issue practically ties every office up in knots.

    AND NEARLY 100% OF THE CALLS ARE ON OUR SIDE -- AGAINST HELPING THE TECH COMPANIES, UNIVERSITIES AND HOSPITALS TO USE MORE FOREIGN LABOR TO DEPRESS THE WAGES OF THEIR AMERICAN WORKERS

    You may not have any idea how important that has been.

    Perhaps most importantly, it has made our best Senator allies exceptionally determined to block Sen. Cornyn (R-TX). Our latest nose count is that nobody is backing off their "holds" that are keeping the Cornyn SKIL Act legislation from reaching the floor of the Senate.

    Cornyn and the tech industry lobbyists continue to try to strike deals with the Senators to get them to remove their HOLDS. But backed by what they see as an overwhelming constituency knowledge of the issue and constituency opposition to increased foreign importation, the "holding" Senators are not budging. We are unaware of any of them accepting a deal to change their position.

    The reason individual Senators are able to exercise such power with these holds is because Cornyn has to get a lot of normal precedure waived in order to bring up his bill at the last minute like this.

    Our understanding is that Majority Leader Frist (R-TN) could go ahead and bring Cornyn's bill to the floor even with the holds if he wants to. But then he would have to get at least 60 of the 100 votes to break the holds of their colleagues -- which is kind of a personal thing.

    The more that you make this bill seem totally radioactive the less likely Sen. Frist will want to end his Senate career on such an explosive note, or that 60 Senators would want to vote to break the holds.

    A big thank you to all who have helped again today. There are hundreds of thousands of households this evening spread across the country that will have a much happier Christmas if we succeed in blocking the threat to their jobs, wages and standard of living that Cornyn's bill represents.

    Our nation's nurses, physical therapists, scientists, engineers and programmers have studied hard and worked hard and invested considerable money to be able to do these jobs. Why should our government import massive numbers of foreign workers (which no independent study has shown are needed) when that action would cause so many middle class American households to suffer?

    At NumbersUSA, we spend a lot of our time championing better treatment for the poor. But we also believe in the protection of middle-class Americans. You who have acted today have done a great service to these households.

    I expect to have marching orders for you first thing tomorrow morning based on what the situation has become by that time.

    THANKS,

    ROY

    P.S. If you didn't read Prof. Norm Matloff's San Francisco Chronicle op-ed today, please do so now because it explains so well why we consider this fight against major increases in legal foreign workers to be as important as our fight against illegal immigration.

    Read the article here:
    http://www.numbersusa.com/interests/hightech.html




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  • bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.



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  • chris9902
    06-12 07:41 PM
    about as much as i want aids




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  • desi3933
    08-26 02:32 PM
    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...

    >> She can not get an H4 though... thats seen as abandoning your AOS status...

    Totally Incorrect.


    ________________
    Not a legal advise.



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  • go_guy123
    05-24 12:43 PM
    People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.


    Yes true ....its not easy to get into the ivory tower of tenured prof.
    Most phds dont make into that. Mainly phds from top schools make into the ivory tower that you are describing.
    Perhaps you are working in univ as faculty due to your phd...good for you....but all dont work as prof.




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  • paskal
    06-11 11:59 AM
    what exactly is your question?
    there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:

    http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf

    there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.



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  • bach007
    11-27 01:41 AM
    hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.

    Anyway, just finished sorting up all the docs. Good luck to you too. :)

    Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.

    This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..

    I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:

    I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.

    Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
    I am looking at ~ Rs 2,000 for 7 hours..

    Any help is appreciated..:)




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  • purplehazea
    06-11 04:31 PM
    I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
    I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
    This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)

    :) Alright lets leave the prez alone :p . Just curious, do you think this can move through senate, house and conference committee by august? I am following this drama for 2 years and my conclusion is that legislative action takes a lot of time from initiation to completion. With presidential politics building up for next year's election it will be very challenging to pass any law with the limited time on hand.



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  • ItIsNotFunny
    04-19 10:58 AM
    Yes I have a BIG update.

    Let us not ask for any updates on our site. IV core should not be forced to post update on the site.

    I happened to see
    our thread
    http://immigrationvoice.org/forum/showthread.php?t=3563

    quoted on Alipac site.
    http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=57004&highlight=h1b

    They even note down our small ideas
    http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=55431&highlight=h1b

    They watch every action and block our attempts. We need to be patient and not ask IV core to give us updates ahead of time. If you read their forum, you will know that when we post about a bill or a senator, these guys also call those lawmakers and start opposing the work we did. So please do not keep asking for updates ahead of time.

    Funny!




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  • rbalaji5
    03-19 12:52 PM
    Friends,

    I heard that,

    Priority date is used only for filing the I-485. Once we filed the I-485, GC is provided based on the Receipt date of I-485 if the Visas are available after review

    Is it True ?.



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  • txh1b
    08-18 06:46 PM
    Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.

    At least don't wish them bad luck....

    C'mon. That would be naive of one to think so. An informed person has the best assets to stake when in trouble. If a person did not even know a violation has occured in the past and the harm it can induce, they will not be prepared to face the trouble or what to concentrate on if called for a GC interview or an RFE.




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  • cooldesi
    01-24 11:47 PM
    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
    I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.



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  • bach007
    11-27 01:41 AM
    hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.

    Anyway, just finished sorting up all the docs. Good luck to you too. :)

    Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.

    This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..

    I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:

    I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.

    Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
    I am looking at ~ Rs 2,000 for 7 hours..

    Any help is appreciated..:)




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  • gapala
    07-09 12:33 PM
    is'nt an Advanced parol document a re-entry permit ???

    USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

    Hope this helps.


    1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

    2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


    3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

    The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
    NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.




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  • anindya1234
    06-01 02:39 PM
    I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!


    Everybody has the same problem buddy




    saibalagi
    01-02 01:21 PM
    Hi Vallabhu,
    Sorry to hear you.
    Pease try this edu.eval guys could help, my friend also appeal using their edu.eval
    http://www.thedegreepeople.com/

    Hope this can work it out.
    Thanks,




    chanduv23
    06-12 09:32 AM
    I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
    Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.

    This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.

    Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.

    As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.



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