Monday, June 27, 2011

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  • CRAZYMONK
    08-16 03:26 PM
    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

    Thanks,
    Srikanth

    Srikanth,

    It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

    Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

    So don't worry.




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  • h1techSlave
    01-27 08:48 AM
    Initially I also thought that this bill would remove 40, 000 numbers from the numerical queue. But in reality that may not be the case. 40, 000 is the EB1 quota. How many of those are PhDs? Anecdotal evidence is that majority of EB1 now goes to International managers. So number wise this bill may not do much.

    But I wholeheartedly support this bill. Even if this removes 5, 000 people from the queue. It is better than nothing. 5, 000 is two years worth of EB3-I quota :) :)

    Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
    i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.




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  • ajay
    02-10 10:14 AM
    US experience won't count much unless you are from fortune 500 company. These days anyone even with Aptech certificate can get a chance to come and work in USA on L visa for short assignments. So if your experience is in a desi consulting firm, I do not think your resume will be attractive.

    The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.

    Grass is always green on the other side
    I was reading this thread and found something that I haven't found here also. In US also I haven't found any companies give much exposure to consultants for world class work or new idea or planning. I also haven't found any companies that provide special training to the consultants.
    Fortune 500 companies may be an exception though from the above.
    What I feel is it all depends on the individual how much of exposure one can get regardless where s/he is working. Technology is seamless and it is available from anywhere.




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  • bfadlia
    11-30 10:48 AM
    you may try to send them other evidence of your language skills, presence, study, or work in the US, a letter of explanation, .. but there is no guarantee they'll accept this, especially if you gave yourself maximum points in the language skills. I know people who got their phd's in the US and they were still adked to do IELTS.
    But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
    I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.



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  • webpromo
    03-27 12:36 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question




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  • gcseeker2002
    08-14 02:52 PM
    I didnt know that you can send a single check for all applications.. ??
    It would have been better if you had split the checks.
    Dont worry they might accept it now.
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.



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  • piyu7444
    05-08 04:48 PM
    Hi, I am not an expert, quoting from things I have read in the past.

    Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.

    Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.

    Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.

    Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.


    Again, I don't consider myself an expert. so take this with a pinch of salt.
    Good luck.
    GCCovet


    Ron Gotcher has some FAQ on his website and it clearly states that informing will delay the process. I do not know how far it is true but thought I should share this info with you. Here is the question and answer from that document....

    Q: Do I have to notify the CIS that I have changed employers?
    A: No, there is no legal requirement that you do so. Indeed, doing so will likely result in the processing of your case being delayed. If the CIS asks you if you have changed jobs, you must respond fully and truthfully, but you do not have to volunteer any information.




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  • cooler
    07-01 01:29 PM
    My friend joined new company from Project Manager he got a job on Associate Director. When GC was filed he was developer :-)

    You can do anything as long as you don't get caught. In this case. If he moved from a developer to a PM. That in itself is a significant change in job description.

    I have heard one of the lawyers say that a developer to a PM is a natural job progression. That does not make sense at all. You go from debugging your code to debugging MS-Project. The associate Director post involves something entirely different.

    IF the company is willing to go along and provide the letter with the same designation as in LC, then there is nothing to worry else you would have a sword hanging till the case is adjucated.



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  • senthil
    08-08 09:05 AM
    roseball, agree. got same resp from my attorney while filing AOS for my wife

    1) employment letter ( just sent original & copies too )
    2) I-134 ( convinced that they will need this even for H4 dependent )
    3) did not ask for W2's or pay stubs
    4) of course original medicals in closed envelope
    5) all previous H4 approvals + I94's and color photocopy of entire passport
    6) photos and required cheque's

    hope mrdelhiite is all set ?



    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......




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  • gcisadawg
    04-19 06:06 PM
    When you go for a loan against the credit card balance, there are two types.

    1> 0% to 1.99% short term loan with 3% transfer fee.
    2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.

    The key thing for both the loan is...

    1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
    2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
    3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.

    If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.

    GCisaDawg



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  • phillyag
    05-30 03:33 PM
    I meant what docs we need to make sure we have from the employer whom we will be quitting.

    Any suggestion on what is the best way to quit the existing employer ? What kind of explanation would let them create least trouble when I exit.




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  • thomachan72
    09-04 03:44 PM
    Man...in what category they gave you the GC. Is it for your good Gelf english or for your analytical skill. Did you consider the new borns before concluding 'In 1-2 years every one wil be finished.' Come with more ammo (means more Ammunition and dont come with more girls) :eek:

    Not good words to use and not good way to react while in mourning and praying for lost souls brother:D;)



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  • Pagal
    04-21 07:21 PM
    Hello,

    Welcome to Houston! There are many options for living ... though traditionally Indians have preferred Sugarland, other neighborhoods (e.g. Pearland, Katy) are nice as well ... my recommendation would be to rent an apartment in Riveroaks area first (very nice neighborhood) while you look around ...




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  • kaarmaa
    01-19 12:43 PM
    Oh God!!

    How can we stop these EB2I - EB3I fights?

    What unites us? Only in our fights for superiority?



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  • waitnwatch
    05-30 12:29 PM
    This may already have been discussed but does everyone realize that the merit based system will remove backlogs by the backdoor. There will be no backlogs because you have to apply every year. And if by chance you reach the 6th year on H1-B and fail to get past the merit line for that year you have to leave. If this is not scary what is?

    I would like to hear everyone's opinion on this.




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  • chintals
    09-03 12:54 PM
    Thank you for sharing the boat. Although, it is better than being lonely, I don't want anyone in this dilemma.

    I hope we both get ours soon, hopefully by EOD today as other poster was wishing.

    I just called USCIS and confirmed with TSC and 2nd level customer service center that my case is approved on monday 09/01/09 SLUD date even though i have not recieved email for same.. Thank you all and good luck.



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  • DDash
    09-23 04:44 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    Thanks for this info. Would you mind sharing the fax number? Thanks in advance.




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  • solaris27
    02-24 12:04 PM
    its depends ...

    my CPA deducted below expenses

    1) my and wife air ticket to india for visa stamping.
    2) All visa fees
    3) all hotel exp.
    4) All attorney and USCIS fees .


    but check with your CPA .




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  • smartboy75
    07-09 11:00 AM
    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???




    sdrblr
    10-07 10:59 PM
    Since they came to your work location, can you not contact your HR/ Payroll dept and get the payroll journal?

    How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.




    buehler
    07-13 04:44 PM
    Wow!. I did not realise that. I an unknown quantity. What does that mean?

    That means there are some positive and some negative votes for you.

    It looks I now have two green squares. With three squares I will get my GC within the next two years. So if only I can get a few more votes :D

    P.S - I can't believe I am spending my Friday evening that too in Summer in front of my computer.



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