Monday, June 13, 2011

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  • andycool
    12-14 05:14 PM
    Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

    You should consider getting professional advice both for your immigration issues as well as your personality disorder.

    Get a life!!!


    ________________
    Not a legal advice.

    kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...

    hope this helps
    Thanks





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  • shree772000
    07-20 08:12 AM
    In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.

    Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.

    And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.

    I plan to go back regardless of GC.





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  • desi3933
    03-03 12:30 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Its not even for ENTIRE employment based category either.

    As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

    PD can NOT be ported for EB-4 and EB-5 either.

    __________________
    Not a legal advice.





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  • mhtanim
    09-20 11:26 PM
    Thanks for the info. how about areas like simivalley, santa clarita, do you get houses for 300 to 350 and

    And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.

    House prices in California have fallen significantly this year. However, they are still out of reach for most of the first time buyers. Simi Valley and Santa Clarita are nice places to live but still quite expensive. You may be able to find a townhouse for the range that you have mentioned. Please browse www.realtor.com and run some searches by cities to get an idea.

    Remember, it's very difficult to get a loan nowadays. The lender will now check how much you really make. The general rule for qualifying a loan is that you need to make at least 1/3rd per year of the house that you are buying. For example: if you make $50K a year, you can qualify for a mortgage up to $50K*3=$150K and not more than that.

    Good luck on your search.



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  • gcformeornot
    06-06 06:55 PM
    Job should be same or similar responsibilities and salary

    salary is not requirement. It can not be less off course. It can be equal or more than LC.
    Currently only 2 requirements
    140 Approved and 485 pending more than 180 days.
    Job should be same or similar title. Yes title only job duties do not matter.

    This is per my lawyer.





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  • chrisa
    November 16th, 2007, 12:26 AM
    Arctic Butterfly works great. I picked one up in Toronto at Henry's after shooting some photos of the CN Tower. Noticed I had a few spots and sure enough they were on the high pass filter. I did attempt to blow the particles off but they were not budging. I decided to deploy the butterfly and it worked just fine. After two passes the dust was gone. I didn't find it a difficult or stressful task and never felt as if I was "at risk" of damaging my camera. My two cents.

    Used AP successfully with pending H1B visa stamping at Mumbai [Archive] - Immigration Voice

    View Full Version : Used AP successfully with pending H1B visa stamping at Mumbai




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  • cygent
    06-10 07:44 PM
    Hi diptam,

    Don't forget, if you filed in PERM, your labor might be <365 days.

    I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?
    http://immigrationvoice.org/forum/showthread.php?t=19534





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  • rockstart
    01-08 09:10 AM
    I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?

    The article is absolutely correct. The example would be a person was born in 1974 and at that time his/her birth was not registered for any reason. Then say for making passport or for GC process this birth was registered later in like 1998 which is like 24 years after the event. USCIS might not accept the birth certificate as authentic. Please refer to IV wiki for details on how such cases can be resolved. There are many people who have been thro this and though its not easy to answer this query there are enough documents that can be attached as supplimentry evidence to authenticate your BC.



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  • mahathi
    05-11 05:41 PM
    Hi,

    I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.

    I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.

    So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.

    Also, most importantly, how much time does it take for the 221g processing.

    I would really appreciate if someone could share their knowledge.

    Thanks





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  • nareshdin
    04-08 02:52 PM
    Hi,

    Have you hear anything from USCIS after you sent your FedEx reciepts?

    I am also in the similar kind of situation.

    I had applied for H1 extension in month of Jan 2009, and got RFE in the month of Feb,
    later my employer sent the required documents asked by USCIS.
    On Apr 3, H1 B extension status has been changed to "Denial Notification Sent",
    and yet to know the reason for Denial.
    My present H1 is valid till mid of next month. Now my employer is re applying for new extension as my I-94 valid for another one month. Can any one suggest if you see any risk if same employer re applies for extension again? If so let me know any other options.

    Thanks..



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  • NYC-circuit
    10-14 02:38 PM
    Dear Friends,
    After putting lot of pressure to my company the company lawyer did concurrent filing of i-140 and 485. The application was submitted and received my Nebraska on July 27th 2007.
    I have not spoken to the attorney, when I called his office; his staff gave me a FedEx number for my application which showed that it reached Nebraska Service Center. I am assuming that the application was send out. My checks are not yet cashed; I have not received a receipt notice or any other document. Is there anyone else on my situation, I am starting to doubt if my application has gone out, please advice
    Thanks





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  • mantagon
    07-15 01:01 PM
    If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.



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  • pbuckeye
    08-04 08:16 AM
    While the thread was started on a light note, I think this is a serious topic.
    .
    .
    .

    And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.

    Completely agree with your message that - prefer unprocessed food and do everything in moderation.

    However, are you suggesting blue label is healthier than a cheaper whiskey, its funny.

    And - although I agree that some traditional breakfast items could be low on fats/calories .. some of them are not (aalu paratha, pakoda etc), so cereal/oatmeal or egg white is an alternative.





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  • desigirl
    04-27 09:09 AM
    2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
    I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.



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  • CaliGC
    06-14 09:02 PM
    Friends,

    Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

    PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

    TIA.

    Please see my Signature below for info regarding me.
    EB3/VSC/India
    PD July 2004
    140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
    EAD1 Approved:11/22/2004
    AP1 Approved:11/23/2005
    140 Approved:2/1/2005
    EAD2 RD: 10/06/05 AD: 10/25/05
    AP2 RD: 10/06/05 AD:10/31/05
    EAD3 RD 7/7/2006 AD: 7/27/06
    FP1 - 03/10/05
    FP2 4/25/07
    SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
    SPOUSE Name Check Cleared!!!: Mar. 2006





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  • pansworld
    07-07 04:26 PM
    But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents



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  • sankar_203
    08-04 02:51 PM
    Hi,

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?
    May be
    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
    May be
    3. If so how would I approach from here?
    Consulting with an attorney
    4. Has anybody similar experiences with their employers?
    yes me and my friend did
    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
    Not at all advisable..patience is virtue in this matter..
    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
    Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..

    Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??





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  • gc_chahiye
    10-01 12:52 PM
    They are not dumb , they might be already keeping a watch on you while on soil.

    no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
    The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.





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  • coolngood4u80
    02-07 11:13 AM
    Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.





    go_guy123
    02-28 09:53 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




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    In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.

    Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.





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    05-31 09:18 AM
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