Thursday, June 9, 2011

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  • Edison99
    03-07 03:07 PM
    I doubt about that�

    out of the country indefinitely and then come back lets say after 10 yrs?




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  • sdrblr
    09-21 10:41 AM
    Quick question... Do you know why your H1 extension was rejected(denied). If the reason is client letter, why and how do you think it will be approved with a new company when they will have to get the same letter from the same client. How different will be your situation.

    If the reason is not for client letter, then ignore the above question.


    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble




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  • paskal
    07-20 08:33 PM
    a link that says 485 filing needs tax returns.
    please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.




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  • mps
    08-15 05:02 PM
    You need to read AC21 carefully

    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

    On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.



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  • asekhon
    06-18 11:31 AM
    Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.

    If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.

    Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.




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  • waitnwatch
    05-08 10:08 AM
    Two thing here. I was wondering whether you understand the connotation of "paki". Do remember that "posts to denigrate anyone are not welcome " as can be seen on top of the page.
    Also there have been discussions of a variety of things and the issue of making a DWI a criminal offense has been discussed previously. As long as the moderators are okay with the issue I guess the discussion can continue.

    my two cents

    hey, my paki friend,
    this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
    regards.



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  • Ramba
    03-26 11:42 AM
    There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

    Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.




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  • waitingnwaiting
    01-04 12:35 PM
    Sorry to break your bubble but how exactly it this movie going to help us?

    Is this movie advocating something? Like a bill or provision? Just saying here are a bunch of immigrants with their stories does not do any good. There are many immigrant stories in media already. What special are you bringing to the table?

    Does the movie tells people to go to Immigrationvoice and support immigrants? So what is your message? How exactly you want immigrants to support Immigrantion voice? You are only posting a link to your film everywhere. Not even once on other sites you are asking people to support Immigrationvoice. The film also does not say about Immigrationvoice.

    If you say that you are trying to raise awareness in Americans, then how about asking Americans to listen to Immigration voice and support IV. Have you said that. You have just shown pretty picture and a fancy music and trying to sell your movie.

    What is the script of the movie? Has it been approved by IV? If it is not approved by IV, why are you using IV for your movie's publicity.

    How is this movie going to help Immigrants? Will you be donating all money made by publicity and selling of movie to IV?

    What is your goal? The goal I see is that you would be entering this movie in some award show and winning some award. Some award shows have online voting and you will use immigration sites to get votes from innocent immigrants. The money you make from the movie is also yours. So how exactly it is helping immigrants? Have you given any percentage of the movie rights to IV that truly represents immigrants?

    I would say stop promoting your product on this site. Your product -Movie is your business to make money. You have no interest in the pain we suffer and what IV does. You created a profile just today to promote the movie.



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  • Canadian_Dream
    11-17 12:38 PM
    Thread: If EB Reform happens it will happen in 2007
    We should instead call it "When will EB Reform Happen"

    1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.

    2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.

    3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.

    The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!




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  • chvramana
    04-23 01:57 PM
    I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.

    It would be great if I get answer the below my Question:

    1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
    2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
    3. which one is best choice, like staying with employer B or going back to Employer A.

    Thanks for your help.

    Ram



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  • go_guy123
    01-11 08:35 AM
    The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...

    More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)

    GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.




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  • EB3_SEP04
    08-27 05:33 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,

    Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.

    If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.



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  • psaxena
    10-20 12:38 PM
    RealClearPolitics - Election 2010 - Iowa Senate - Grassley vs. Conlin (http://www.realclearpolitics.com/epolls/2010/senate/ia/iowa_senate_grassley_vs_conlin-1217.html)



    This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses




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  • Apollon
    06-30 08:55 PM
    thank you very much



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  • capriol
    01-09 03:09 PM
    Friends, that's what I was thinking for the past few days, i.e., why are'nt my unknown friends form the IV not speculating the outcome of the Feb VB 08. Gosh, I don't pass a day, without agony and stress, not thinking about this GC process, and where it will lead me to, and how many, many years it will take to get the card. I am sure that all of you worry about the same. And, those in charge care the least...just emerging out of a nice Christmas break with all the duck meat, crab chowder soup, etc.
    But, about the prediction as many of you are doing... don't forget the "Unavailable" part for the rest of FY 08. My take is that EB2 will either retrogress, or remain constant, or become unavailable.
    Sorry if I sound so unoptimistic.




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  • Pagal
    12-03 02:39 PM
    Hello,

    As you have aged out, please check whether your 485 is still considered as 'dependent' or whether you are now a 'primary' applicant.

    If you are primary, staying out of country before GC issue is legally fine (though you may need to prove to IO at PoE as to why you want to enter US before GC is issued).

    If your I-485 was dependent, there should not be any restriction on you staying out of country for extended periods of time.

    Of course, pl consult an experienced attorney before making any decision...good luck w LSE...beautiful school in a beautiful city! :)



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  • thomachan72
    09-07 09:46 AM
    Just as under the Indian constitution under the Income tax act all citizens whether residing inside the country or not are treated equally. the Govt will be acting against the law and infringing upon basic rights if they create different tax structures based upon place of residence for citizens. For eg:- interest on bank deposits is income generated within the country and for that there is a compulsory TDS in case of NRIs. This is a provision to prevent people from repatriating income without paying due taxes as it becomes the responsibility of the bank to collect the tax. Now as any citizen an NRI has the right to any exemptions / deductions and can claim back excess tax that was deducted when he/she files the income tax.
    I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
    There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
    Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.




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  • Ramba
    10-05 05:01 PM
    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.

    If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.




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  • sampath
    05-26 11:29 AM
    Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?




    kpsm88
    02-13 07:55 PM
    See no GC? Hear no GC? Talk to IV




    RDB
    08-03 02:38 PM
    Alright - my wife and I completed the Interview today and they asked for proof of relationship (joint assets, tax returns etc.), current employment letter and Birth Certificates. After that the officer told me that he has approved the case in the system, however, as my PD is not current they can't give me the actual card.

    He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!

    I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!

    So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D


    Thanks for the link. Looks like I will have to get ready for an interview!!!!



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