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  • ns33
    03-18 04:22 PM
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.

    Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
    Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
    If you have a good suggestion/solution please PM me.
    Thanks
    NS
    PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.




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  • ganguteli
    04-08 05:12 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    To GCNirvana007,
    I have questions for you
    - Is your profile complete with your name, CORRECT email and phone number?
    If not then forget getting a sincere reply.

    You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.

    I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.

    Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?

    Think about it. Lose some ego. It will be good for your personality.




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  • munnu77
    04-06 09:35 PM
    i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
    whn i went to immigration-law.com, they say the following

    cud someone tell me which one is true??????????

    We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
    The development is accompanied by three other developments:
    President released statement supporting the bi-partisan agreement;
    Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
    Senate also relected the Republican Kyl' motion for his amendments.
    Now we see the light at the end of the tunnel!!




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  • Munna Bhai
    03-24 01:55 PM
    audio streaming archives are available 1 to 2 hours after the show. Check here http://wamu.org/programs/kn/08/03/24.php#20155.

    Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.

    I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.

    Mark,

    Thank you very very much for this great initiative. It was a wonderful work.

    -M



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  • SU1979
    10-09 12:37 PM
    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979




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  • thepaew
    02-07 11:43 AM
    I am not in the IT field - and my data set is limited.

    But based on conversations with some friends from my BTech batch, the range seems to be 22 Lakhs to 40 Lakhs per year. I went India to look in to salary costs on behalf of a VC firm last year and found most good programmers would cost more than Rs. 2Lakh per month. The survey was done in Bangalore.

    Of course, these were individuals who could hit the ground running.

    Hello Friends,

    Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for a IT guys? What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US. I have no clue, no rough idea, so I thought may be I should ask you guys.

    Regards,



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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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  • raj2227
    10-17 03:18 PM
    I changed my adress after filing I-485 and I-765, thru online using AR11 form
    Its prety easy and we got our new EAD cards to new adress.

    I-485 - July 2nd
    I-765 - July 2nd

    Receipt notice Aug 29

    Change the adress online on Aug 30.

    Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.

    Recvd EAD cards to new adress on SEP 10th.

    so its very easy. nothing to worry .



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  • madras1
    01-27 12:38 PM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    Did you know your tri-valley university Ph.d does not count?




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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/



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  • raydon
    09-17 09:50 AM
    If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

    Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?

    Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.




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  • sareesh
    04-21 12:12 PM
    I understand your problem with moving dates slowly but did not follow your problem with porting.

    Thanks,
    SG.


    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?



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  • sparklinks
    10-25 11:33 AM
    Still not yet received Receipt for July 14th filer....




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  • Maverick_2008
    02-23 09:10 PM
    - My 485 is filed more than 6 months ago
    - My is 140 not approved yet
    - I get laid off
    - My employer doesn't revoke my 140
    - I'm already in the 8th year of my H

    So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.

    Is it logical or should I go take a nap? :p

    Maverick_2008



    Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.

    I don't see the logic in your statement.



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  • digital2k
    08-03 06:25 PM
    *




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  • go_guy123
    05-18 03:25 PM
    If this passes this will be awesome for Ph.D. graduates.

    Wont make a major difference overall except take PhD out of the queue.
    Anyway PhDs are very few per year. A lot of PhDs taking
    faculty positions get EB1 anyway so this bill would mainly help those PhDs
    with EB2



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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off




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  • arjun007
    02-01 04:39 PM
    I got a Multiple Entry Stamp.. ( last week of jan 2008)

    The consulate officer who interviewed me did mention that they will try to get the passport back to me next day by 3 pm but there are chances that it might take a few days...

    The next day I went to pick up my passport at 3 and it was not ready..The security guy said -> "because of the new system, the stamping is taking a while. But most of the guys have got it the next day by 5 pm.. the worst case was an H1 candidate who had to comeback after 2 days for his passport...But that was the only blip ..."

    I would suggest booking ur tickets as if you were to get the passport the next day, but also buy the 52$ insurance (if you buy it on Orbitz) so that you can easily cancel and re-book it...

    Also I read in several posts about who could go to halifax for stamping. Its true that only revalidation candidates should schedule but
    It does not matter what employer name is printed on your existing expired VISA . You just need an existing H1 approval ( stamped) which is being extended. In my case I had only an expired stamp from my first company but I had transferred the H1 Visa to 2 employers since then without their stamp.
    So this stamping was for my 3rd employer.




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  • PDDec05
    06-29 11:44 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.

    I just called the 1-800 number on their website, but your lawyer may know someone in person at the USCIS.




    ronhira
    09-27 12:51 AM
    y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....




    gcsucks
    06-01 02:37 PM
    I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!But it does increase the GC quota which will substantially hasten the process



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