Tuesday, June 7, 2011

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  • Beemar
    08-30 01:20 AM
    Hi frnds,

    I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.

    Tanx.

    Can you name them? I think I can help.




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  • jsd123
    05-08 06:06 PM
    I always use SBI online. Very reliable, cost effective and best conversion rates !!




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  • Pankaj
    08-18 04:59 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.




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  • pd_recapturing
    08-22 04:16 PM
    i sent u a PM. Please respond, if u can.



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  • natrajs
    08-21 12:07 PM
    Best Wishes and Good Luck




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  • puvathoor
    04-08 03:34 PM
    I am intersted in contributing to the discussion in the region..



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  • waitnwatch
    01-03 01:29 PM
    I got my H1-B renewed in November from Kolkata.....I had to submit additional information under 221(g). The consular officer specifically told me that it takes about 2 weeks and that was exactly what it took.

    One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.

    I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..




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  • thomachan72
    04-15 03:52 PM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

    For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?



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  • raysaikat
    01-06 03:33 PM
    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.

    Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

    Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

    "Evidence that the alien has judged the work of others, either individually or on a panel;"

    This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

    The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

    Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

    In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.




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  • newuser
    05-14 04:53 PM
    Thanks for the update and we all support your efforts.



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  • eager_immi
    02-11 08:47 AM
    They don't listen to anyone they are answerable to why would they listen to people with least amount if rights.


    The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.




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  • txh1b
    08-06 07:36 PM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.

    1. Possibly can with a divorce.
    2. #1, can be considered automatically revoked if divorced.
    3. No



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  • abhatti
    07-16 02:56 PM
    where do you all see/consult for updates or news on USCIS activities?




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  • PDDec05
    06-29 10:08 PM
    Seahawks,

    Your lawyer is correct in saying that the USCIS will most likely not fix the problem by just writing to them.

    I have been through this stupidity with the I-140 petition. While the case was pending, we found out that there was an error in the application form. We notified the USCIS but they still sent the approval notice with the first and last names interchanged. We wrote again, but they responded saying that it was not a USCIS error, the name of the beneficiary on the approval notice appears exactly as it is on the application form (and what about the supporting documents, you wonder!). So, they asked us to file an amended application.

    We filed the I-140 again, with all the supporting documents, all the fees, etc. and got it approved.

    The USCIS will not fix an error, that you have made, on their dime. Simply writing letters is not going to work - they probably want you to file an "Amended Petition". This is what should have been done in my case when we found the mistake; but we just kept writing letters.

    You should call the USCIS and ask to speak to an expert who can tell you exactly what needs to be done. Also, when the USCIS representative answers the phone, they give you their identification number - take it down for future reference.

    All the best


    nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer



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  • phillyag
    07-20 02:15 PM
    If I have applied for 485 can I still do that ?




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  • MunnaBhai
    11-26 06:56 PM
    I will contribute $200.00 towards rally.

    Thanks
    MB
    Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).

    Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.



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  • coopheal
    06-17 11:45 AM
    Please add a to link to this on home page.

    Just a quick update:

    All 3 Lofgren bills will be marked up next week in the subcommittee.

    IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.




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  • sapota
    02-27 11:49 AM
    http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf

    Quite interesting statistics. Now we can predict visa bulletins going forward with better accuracy.




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  • shana04
    06-03 01:58 AM
    My previous employer is not providing the document required in RFE in fact of format request.

    Is there any way we can get the documents from previous employer (desi)

    Thanks in advance




    Dhundhun
    09-21 12:26 AM
    Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.

    Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.

    One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.

    This is like a question what is project success?
    - For investor/owner, it is money
    - For management, it is successful completion perhaps in time and in budget
    - For engineer, it is promotion, recognition and sometimes rewards

    Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
    - Worst case a guy gets GC just one day before marriage - forcing seperations for years
    - Best case - perhaps freedom from slavery




    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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