Wednesday, June 15, 2011

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  • NKR
    05-08 03:20 PM
    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

    The words �highly skilled� have been the most misrepresented words. H1s is not only for highly skilled and not all programmers are highly skilled but some are�

    These words have been used by pro and anti-immigrants alike in equal measure. One group wants an increase in H1 saying that US has shortage of skilled labor. The other group ridicules this statement that even kids can do programming.

    �H1 is not only for highly skilled and it is not only for programmers�





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  • billu
    04-18 07:31 PM
    wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!





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  • jungalee43
    03-25 07:01 AM
    Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already written to TOI for publishing this and urged them to stop helping anti-immigrant groups by publishing such articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

    http://timesofindia.indiatimes.com/articleshow/1463861.cms





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  • a1b2c3
    12-19 09:26 AM
    I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

    Guys, we are entering 2010...

    redcard and igcard, why don't you guys just fuck off?



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  • Kodi
    07-03 10:49 AM
    ROW means Rest Of the World. That's countries other than India, China and Phil.

    You're not from the above countries which is probably why you got approved so fast.





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  • eagerr2i
    08-02 02:19 PM
    Seems like a convulated issue. You would be better advised by consulting an immigration lawyer asap. Check with your lawyer if you have one. Sheela Murthy, Rajiv Khanna, Sonal Verma or Shusterman are some of the popular names in immigration law. You could try to get a consulting appointment with one of them asap. Typically they will study the case & discuss the case with you and suggest options. Typical consulting fee varies from $200 to $ 400 for one session.



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  • ThinkTwice
    07-11 06:05 PM
    Franklin,
    Please post once we have enough volunteers for the calls
    Thank you - I've just sent you a pm





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  • angelfire76
    04-23 01:20 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.

    You must be a lawyer, the ambulance chasing kind. Try the same line of argument with your boss when the system (assuming you are a IT guy) that you built and deployed into production fails and you want more money to fix your errors.

    The reason we engage a lawyer and not do the stuff ourselves is because we don't know enough of the (unnecessarily complex) US immigration law. The least thing the lawyer can do is review the form before submitting it to DOL.

    No wonder with guys like you, like teli said, we are stuck in an absurdly long immigration queue.

    To the original poster, file a MTR (Motion to reconsider) soon with the help of another lawyer if possible with an explanation of the error. If the mistake is genuine, DOL will reopen your case.



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  • ChainReaction
    01-30 08:12 AM
    Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245





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  • VenuK
    06-15 07:19 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.

    Hi Shelar,
    Thanks for your response.
    I dont want to go to my home country for stamping. I'm residing in california so i want to go nearby country which is Tijauna, Mexico.
    currently, my pay stubbs are still generated with old company (X). Now i've got I-797 approved from New company on June 6th,2006. Is it a must that i have to have at least couple of pay stubbs generated with new company before going for visa stamping

    pls advise.



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  • nk2006
    05-29 03:35 PM
    Hi,
    I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

    My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

    Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

    Thanks a lot.
    - nk





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  • leoindiano
    04-06 12:52 PM
    How about this?

    If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year



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  • hbk
    04-22 03:33 PM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless

    Thanks a lot for the response.

    Fortunately my extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Processing Center : VSC
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approval Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.

    Regards.





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  • sendmailtojk
    03-05 06:27 PM
    1. You said you entered US in 12/06 with PP expiring 5/07......if PP has an expiry date of <180 days, the Immigration guy in India normally should not allow you to board the flight.

    2. The last issued I-94 is the valid I-94.

    3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.

    Cheers and Good luck.



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  • WeShallOvercome
    07-23 04:51 PM
    well if u dont have receipt hance no EAD/AP, you are at their mercy forever.


    not forever !!!!!!

    What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?

    If they could keep us at their mercy FOREVER, what is AC21 for ?





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  • devikas81
    02-26 11:22 AM
    In which state you are practicing as a PT??



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  • deepakjain
    02-24 11:14 AM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.

    I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.

    My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.

    Best of Luck,
    Deepak





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  • god_bless_you
    08-15 09:39 AM
    they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.

    we can ask support from
    http://www.usinpac.com/

    let us register with USINPAC from here
    http://www.usinpac.com/register.asp

    another wikipedia which has lot of info on Indian Americans!!
    check Politics section on this page
    http://en.wikipedia.org/wiki/Indian_American

    another interesting item ..

    Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).





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  • sertasheep
    06-14 09:13 PM
    You can file for your EAD and AP concurrently while you file for your I-485.

    EAD and AP are optional and don't necessarily need to be filed along with 485, and can be filed anytime as long as your I-485 has been filed , or is being filed.





    GoneSouth
    05-31 09:37 AM
    You guys have my $100.00. 502(d)(2) must die ! ;-)

    Good luck !

    - GS





    WeShallOvercome
    12-13 01:59 AM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.



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