Thursday, June 16, 2011

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  • richasamuel@yahoo.com
    08-29 10:51 PM
    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.

    Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.




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  • akkakarla
    08-16 12:03 PM
    While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.

    UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.

    Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.

    My 2 cents




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  • Appu
    04-02 10:31 PM
    So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.

    Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.


    I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.

    `(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--

    ``(A) was physically present in the United States before January 7, 2004; and

    ``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.

    That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.




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  • theperm
    05-07 02:49 PM
    since leaving the employer was not my intent but the employer`s decision



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  • aa_ke_phas_gaya
    06-24 06:13 PM
    Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.

    Don't get your hopes high.... just get your head down and work for them.




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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.



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  • rc10580
    06-13 03:06 PM
    South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
    He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?




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  • Ann Ruben
    03-08 07:10 AM
    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?



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  • sledge_hammer
    05-14 04:12 PM
    Not too many EB2 Indians will benifit from this movement???




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  • immi_seeker
    10-02 10:02 AM
    just spoke with someone yesterday whose PD was april 2005. he files 485 in september 2005 before eb2 retrogressed.
    he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
    anyone can explain that please?


    PD is important in asllocating visa numbers. An immigrant visa will be allocated only if pd is current. other background process like namecheck, fp etc shud happen irrespective of pd



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  • akilaakka
    07-13 01:54 PM
    Check law and Nirenr Joshi,

    Mine was paper filed by Attorney.

    Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.

    However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.

    Thanks
    senthil




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  • snathan
    04-13 07:44 AM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...



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  • gcformeornot
    04-07 01:48 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.

    it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...

    "applicant failed to establish that the substituted alien improperly adjusted status"




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  • sparky_jones
    02-03 12:36 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.



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  • talash
    11-19 01:52 PM
    Any inputs ?




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  • knowDOL
    05-19 10:22 AM
    I agree with GCBy3000. You can't be so straight forward with your employer that you will not work with him after this contract, after all he is sponsoring your future permanent job in United States. That said, you can always act smart and leave company after 6 months filing of I485. Tell him that you will be with him and if your PD is current you should file your I140 and I485 both now. If you are not in good terms with him, there is every possibility that you lose everything you gained including your PD.

    If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.



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  • sparky_jones
    02-03 12:36 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.




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  • summitpointe
    01-31 02:02 PM
    There is a high possibility that you will get an RFE and you will need to reply for the RFE.

    Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.




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  • gcseeker2002
    05-13 10:41 AM
    Does anyone have access to this article :
    http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
    It looks like favoring us ....




    HumHongeKamiyab
    11-15 12:46 PM
    You dont have to go for stamping. While crossing the border tell the US officer that you are going to use "Automatic Visa revalidation", and hence dont want to submit your I 94. When you come back to USA just have your I 797 (Notice of approval) ready. I have been to canada in feb this year and came back with the expired visa on my passport.

    You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..



    I got canadian greencard and running out of time to land there before my medical examination expires.

    On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.

    Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.

    Please share your experiences and suggest me the safe thing to do.




    roseball
    10-15 12:50 PM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    You can tell the US Consulate that you dont have a H1 Visa Stamped in the Passport. I dont think the Consular Officer will revoke your H1 over that, unless there is any fraud involved. Unfortunately, you cannot file AP while your wife is outside US.



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