Tuesday, June 7, 2011

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  • delax
    08-03 01:08 PM
    I remember very clearly from last year that NOT having an A# on your approved I-140 is not a problem - Sheela Murthy was very clear about this on her calls for her clients. The 485 receipt though should have an A#.
    FP is a different story. You have to get it done for 485 approval.

    Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt




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  • unaikax
    01-04 07:15 PM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?




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  • vinzak
    04-13 09:27 AM
    What exactly is the question?




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  • vinzak
    01-20 04:14 PM
    I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.

    Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.

    It's sad but true, America still judges you not by the content of your character but the color of your labor certification.

    I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.



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  • optimystic
    05-12 08:36 PM
    There are certain things that money cannot buy [for everything else there is Master card :) ].

    Seriously, If $2000 dollars would buy you a GC (guaranteed) then I think most (> 90%) of the people on this forum would have gone for that (or atleast convince their employers to part with that amount for a guaranteed ROI)

    It would be good to get some kind of insight into the thought process of IV core/lead team and how they think they can put a million dollars to effective use?
    I mean can we lobby/cultivate our own caucus (not cactus :D) from the ground up in the congress etc, who can work for our cause? What other such effective things can be done?

    Any kind of roadmap/plan of action that would probably help generate an interest and convince atleast some people to start donating.


    Just saw this on cnet .

    http://www.news.com/8301-10784_3-9941962-7.html?tag=nefd.top


    "The Hispanic Caucus sees it as a bargaining chip to get what they want, which is comprehensive immigration reform, amnesty for illegal immigrants, whatever you want to call it," Fishman said. "Until the Democratic leadership allows legislation (related to H-1Bs) to go to the floor on its own merits, that's the situation we have here."

    Though this is only about H1-B, but I would guess, that caucus would be looking at even other legal immigration/GC related proposals, amendments that come thru and try their best to piggy back on them to further their own agenda. To be able to effectively push legal immigration related laws/changes on their own merit and not held back in one common basket, we might need an equally powerful legal immigration/H1B caucus out there.

    But how to get there? Will million dollars help?

    Thats the million dollar question currently on everyone's mind I guess :D




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  • aarzoo
    01-18 08:40 AM
    Is the employer violating H1B requirements?? I understand legally H1B fees is the responsibility of the employer.



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  • pappu
    11-25 10:10 PM
    Next year is also critical for our lobbying efforts with the new administration and going through the bill cycle all over again. For that it will be very helpful if members sign up for monthly contributions. The monthly contributions help us plan future events and lobby efforts.

    I urge all new and old non contributing members to sign up for monthly contributions to strengthen your organization.




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  • logiclife
    08-03 07:23 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.

    No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.

    What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".

    I am telling you from my own experience with what my lawyer had prepared for my HR to sign.

    My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.

    That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.



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  • sri1309
    12-08 07:05 AM
    Hi All,
    I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
    I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
    I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
    I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.

    My questions are -
    1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
    Absolutely, just have some experience with a Komputer software, they call Microsoft Outlook. Its actually a suite of products, Office, word and excel. It can get little tough initially, but as you know fruits will be bitter, when you get trained in such a tough course. Set aside 1-2 months in a week, for this.
    2- If I have to go back to school what major will I need to take? Any specific requirements?
    I'd not waste time for school. See 1. A simple course is sufficient.
    3-I have a bachelors but not in engineering- can I go straight for a MS in computer science or will I have to do a bachelors in Computers first.

    See 1. Dont spend anytime in MS or PhDs.

    4-How's the current job market and and also if you have any idea/view about future job scenario?
    Current job market is booming. You may have seen job losses in other fields, but in IT, its not the case. I was making $125K 3 months back and now I am switching jobs as I have 5 offers, offering me more than 200K. My employer is begging me to stay.
    5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
    Absolutely, 50% in this forum are same like you. Me too.
    6-Also if somebody can give an idea about salaries in computer related fields?
    Point 4 answers.

    Have a good day guys and thank you in advance for your views.

    Hope this helps too. I fully agree with Lord.
    So how long have you been in the US.




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  • vallabhu
    01-31 04:57 PM
    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



    If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.



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  • whatamidoinghere
    03-26 10:04 PM
    Hi,

    Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?

    Thanks,
    Andy

    H4 can do volunteer work for non-profit organizations only.




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  • MahaBharatGC
    08-15 10:22 AM
    I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
    We all know that working as a consultant without GC is very risky when market goes down.
    So, play your cards safe....



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  • DSJ
    06-01 01:25 PM
    This news is going on for a while. It is a waste of time analyze same story from different website without facts (pending no's) and date of backlog clear.
    Note we have already seen their commitment to clear labor backlog, which has been postponed several times.

    The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?

    http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html

    3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.

    Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.

    Also, check out the sample points assignments at the end of the fact sheet.




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  • nirdlalegcade
    02-26 11:50 AM
    The above said is correct only if you have an approved AP with you.

    But I have only my H4 visa. I can go out of US with the H4 right?



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  • ss2005
    08-05 09:00 AM
    In the October 24, 2007 USCIS HQ Stakeholders Meeting, the USCIS gives the following answer:
    Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
    Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.




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  • sroyc
    08-03 12:21 PM
    I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?

    Guys,

    From what i gathered, It seems these 2 things could effect your processing apart from PD....

    Both can be done, if you take a infopass at your local office....

    1) I-485 fingerprints
    2) A# Mismatch on i-485 receipt, i- 140 approval notice

    For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
    A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
    In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO

    Others RD, ND, namecheck which we have no control of even though you did everything right.



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  • Libra
    08-10 03:08 PM
    from your signature it says you contributed and you voted 'no', am i missing something here?

    \/\/\/\/\/\/\\/




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  • hpandey
    06-12 10:19 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.




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  • abalu400
    07-19 08:34 PM
    Friends,

    In my case, in the past year or so, I had one year when I was partially on the bench and so my W2 does not show enough amount, definitely lower than the LCA petition. So, I am in this position. personally, I would like to file next year so that this bad year is at least a year out....and maybe I can get away with filing just one W2.....

    What are your thoughts?




    CADude
    01-12 01:20 PM
    This is illegal to send passport across country. Talk to Attorney. I will suggest for India trip, if required or notirized copy of passport.




    quizzer
    10-16 09:10 PM
    Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?



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