Tuesday, June 7, 2011

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  • tonyHK12
    11-09 01:39 PM
    Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)

    When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more

    yes agree.
    I don't think they are even trying to get skilled immigrants anymore, but just temporarily get many people in their 20s to mid 30s. Hiring drops drastically after mid/late 40s here anyway. I guess the logic is also that anyone can be trained locally to become a skilled worker (hopefully)

    current Immigration policy ends up getting mostly people who are familiar looking, friendly types, who keep up with the latest fads.
    I guess it depends on what they feel is more important and makes them feel gooood, happy.

    Good Media trick indeed,...infosys is giving money for this too???
    dude the economist is pretty reputed company from London





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  • fatjoe
    10-24 02:22 PM
    I told yaaa. I am also hoping... I filed for EAD and AP on Aug 10. Guess, you should get it in a week. Congrats!!!





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  • cox
    October 22nd, 2005, 12:05 AM
    There have been some E coast meets at Indy, but as far as I know, no W coast. QJ and I have threatened to meet here since we both live around SF Bay Area, but haven't managed it yet. I'm game for a get together, but my work schedule is hideous. :(





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  • jvs
    01-18 09:42 AM
    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.

    If "if you re-enter US before your extension is valid" is not the case then following is my experience.

    Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.



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  • sparky_jones
    09-30 05:55 PM
    I am currently with a company through which I filed my I-485. The filing was done by the company laywer. If I invoke AC21 after 180 days of filing and change to a different company, how would I ensure that USCIS removes the current lawyer as the attorney of record? This is assuming that I want to represent myself and not use a lawyer after switching to a new company.





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  • sayonara
    08-30 06:19 PM
    1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts)

    Most likely, you will be asked to just wait for 90 days from the date of filing before someone can look into ur status...but good luck anyways !



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  • GCFISH
    08-31 09:21 AM
    Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.





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  • americandesi
    05-19 09:19 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)



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  • perujames
    01-12 10:32 PM
    I browsed the site gtrr.net you mentioned. I applied and also tried to contact the numbers few times but not getting any response.

    I am currently in US on H4. I am qualified teacher and also worked in India. Regarding my qualifications I completed B.Ed and MSc from India. I am looking for applying for H1 this year. I really appreciate if you can give some details regarding any companies that can file for H1B for teachers.





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  • anuh1
    03-11 09:16 AM
    My PWD was also requested in first week of Feb but still waiting to get.



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  • krajani2007
    08-15 03:18 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
    ===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    ===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.

    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.
    ===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.

    ===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
    __________________
    -------------------
    Contributed $100.00
    DC Rally
    Labor Applied: June'08





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  • eager_immi
    06-20 07:39 PM
    My Lawyer put the A# from the EAD used during OPT. She put OPT in brackets and mentioned to me that USCIS will change this A#.



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  • Eternal_Hope
    04-07 10:32 AM
    Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    MANY PEOPLE ARE IN A SIMILAR SITUATION.
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    THAT'S WHAT PEOPLE SAY.
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
    IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.

    AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!


    Thanks

    ALL THE BEST!





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  • eb3_nepa
    07-27 05:49 PM
    Lets put it this way.

    If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.

    If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.

    However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.



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  • barun1978
    10-29 09:19 PM
    I had my stamping this week in chennai for H1-B (7th year). I work for a reputed company and direct employee with no clients etc... This was my second stamping at this consulate, they asked for I-129 (which was perfect with all the docs provided to USCIS by the attorney) , W2 and employee verification letter. The consular was specifically trying to determine whether there was any vendor or client ,once she determined there was not any the visa was approved and got my passport in 3 days. But i noticed a lot of ppl had tough time if they were working as contractors.

    PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.





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  • vsoni
    05-12 08:15 AM
    Congratulation �KOSU

    I got mine yesterday evening.
    Thanks IV for their support during Green card painful journey.

    Priority date:- June 2002
    EB Category:- EB3
    Approved 140: September 2007

    Change the Job September 2007
    Change EB3 to EB2, Recapture old priority date June 2002

    New I140 approve FEB 2007 Premium processing.
    New Category EB2
    RD I485- May 2007
    FP July 2007
    NC: Not sure
    I 485 approved:- 05/09/2008



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  • div_bell_2003
    03-24 06:56 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.





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  • jamesingham
    02-25 08:31 AM
    As far as I know, Your new EB2 labor is completely independent of your approved EB3 petition. While your EB2 is in process or even if it is denied you can still fall back on your EB3 to get your 3 year H1 renewals and avail other benefits of approved petition. This is what the attorney told my employer.

    Coming to the question of whether you can use your on the job experience towards EB2, the answer doesn't seem to be consistent. My company's attorney tells us that is possible and there is a 90 % chance of approvals and 10% chance of denials.

    At the same time, I have seen different views from members of this forum.





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  • ashres11
    04-28 05:12 PM
    Friend,

    I did google search to find email address ends with @dol.gov and did mass emailing to all of them and finally they started invetigation on my previous employer and he is now behind federal bar.





    ekkatip
    11-06 05:59 PM
    My Friend has two I-140 one EB3 2002 PD and Other EB2 2008PD.
    Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.


    My I-140 EB3 PD 2002 approved in 2006
    I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.

    Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.

    Couple of my friends successfully ported PD and got GC.





    puvathoor
    03-14 03:27 PM
    I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?

    At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..



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