Sunday, June 19, 2011

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  • pani_6
    08-23 10:49 AM
    People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..




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  • knowDOL
    08-24 10:32 AM
    These may be the GC visas issued from consulates in India. THere is one more list for AOS and the numbers for India for 2005 for 1st, 2nd and 3rd pref employment category are as follows.

    6,336
    16,687
    23,250

    http://travel.state.gov/pdf/FY05tableV.pdf

    I dunno from where they come upwith number. From the same site look at this link

    http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
    EB - 2001 2002 2003 2004 2005
    43129 39289 29712 28624 21290
    and compare with

    http://travel.state.gov/pdf/FY05tableII.pdf

    and compare with below data.




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  • canmt
    10-19 11:41 AM
    The AC 21 does not say anything about the salary part in the Section 106(c). But it is a guideline issued by the Director to USCIS officers on how to interpret AC 21 Section 106(c).

    You could find the salary details from www.flcdatacenter.com.

    I hope this helps and good luck on your greencard chase.




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  • gdilla
    06-07 11:57 PM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?



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  • gcformeornot
    05-14 10:20 AM
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1403687-new-blow-for-us.html




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  • raju123
    05-16 12:53 PM
    ^^^^^ Bumping up



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  • ItIsNotFunny
    07-18 01:26 PM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/


    Flowers have come out as a very good weapon for us. Lets not waste it using everywhere.




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  • sertasheep
    07-05 05:27 PM
    syzygy, can you please update your profile with your telephone number? i'd like to talk to you about your experience with 07/02



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  • eb3retro
    06-06 07:37 PM
    Or you are going to be more scared and let these suckers suck you out more? The reason I am skeptical is, time to time we IVians receive these kind of posts all of a sudden and they vanish all of a sudden too. People like american desi give you all a fantastic response and my frustration is not knowing if you guys follow it. This is america for godsake and there are laws protecting the employee from these so called bodyshoppers who almost dont exist anymore. Partly the reason is because these suckers played so much of illegal things in the past, such as writing ridiculous contracts and preying on people like you. I even wonder how come people sign these contracts even in these days. Please take up american desi's advice and stand up for yourself and show your vendor that you are not scared of these things. and last but not the least, for your sake and for other people who may fall for this trap to this vendor, please do report them to department of labor.

    Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.

    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.

    The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.

    Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.

    Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.




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  • little_willy
    09-26 12:52 AM
    I guess all these options are possible as long as you maintain your H-1B.



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  • fuzzy logic
    07-01 12:46 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.




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  • GCBy3000
    04-15 06:16 PM
    EIther this guy is ALIPAC or he is from ALIPAC. THose guys tried to supress us in a straight forward way, but it did not work. Then they sent some infiltrants to our site to coy us to beleive they work for immigrants. That also did not work. Now they are trying to backstab us with our own hands. They will do whatever it takes to drive us out, but we should be smart as we were and may be much more. Good luck ALIPAC.



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  • mita
    08-05 06:17 AM
    My husband's I485 was approved yesterday but mine and my son's, no change.
    I got the magic mail today ---Card production ordered!!! Just for me.
    The status of my wife's I485 remains the same ---> Received and pending?

    Any one in similar situation?




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  • gc28262
    07-16 06:44 PM
    If you have an appointment letter and a relieving letter from your past employer, that should prove that you worked for that employer.

    A detailed experience certificate as mentioned above could prove your experience in the specified skillset.

    Here is another notarized affidavit format
    ------------------------------------------------------------------------------------------------------------------------------
    AFFIDAVIT FROM CO-WORKER

    I COLLEAGUE residing at COLLEAGUE''s ADDRESS being first duly sworn, depose and state that:

    I was an employee of COMPANY NAME, COMPANY ADDRESS from Month-Day-Year to Month-Day-Year.

    YOUR NAME was also an employee of company as a YOUR DESIGNATION around this time and I am aware of YOUR NAME�s responsibilities as we were colleagues.

    His/Her duties during this period included YOUR SKILL SET HERE

    If you need any more information please do not hesitate to contact me.


    Colleagues� Name & Signature

    Sworn to before me this on MM/DD/YYYY

    (Notary Public's signature & seal)
    ------------------------------------------------------------------------------------------------------------------------------



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  • kshitijnt
    07-11 10:37 PM
    As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.




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  • americandesi
    07-05 04:50 PM
    I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

    I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

    Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

    Anyone gone through my kind of situation before. Please send me a PM.

    I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.

    Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.



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  • smurugan
    11-02 03:37 PM
    Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

    Thanks for all the inputs




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  • cdeneo
    04-02 10:12 PM
    Related question:

    You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

    Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

    Would like to hear from others of what they think about this?

    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

    Ams




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  • gc_wow
    10-25 11:32 PM
    I would like to see the new inventory of pending 485s after the september approvals, I am not sure when uscis would release such information.




    desi3933
    01-31 06:39 PM
    hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?

    There is no 6 months requirement. PERIOD.

    As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




    houston2005
    07-20 05:50 PM
    Once you get the I 485 receipt..you can apply EAD on your own..Why you need to beg for that to the Employer. Let it go. File for your I 485 and get the receipt. That's enough to keep you in status.

    Filing AP and EAD are very simple process and you can do it on your own.



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