Thursday, June 16, 2011

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  • admin
    02-17 12:45 PM
    Cataphract,

    Great effort and thanks for taking the initiative. Given your proximity to Capitol Hill, it is very important to drum up support in your area. Also please encourage the people in the area to attend the rally. More info here http://immigrationvoice.org/forum/showthread.php?t=143





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  • mysticblue
    08-17 11:33 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

    Thanks. That helped a lot !





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  • kamal
    08-04 02:27 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?

    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?

    3. If so how would I approach from here?

    4. Has anybody similar experiences with their employers?

    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) ?

    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).





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  • sam_hoosier
    11-15 04:02 PM
    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?

    Is the SOC/O*NET job code same for both jobs ? If so, you should be fine but double check with your lawyer.



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  • logiclife
    03-28 03:39 PM
    Yes Bheemi.

    I dont want this to be an an implied guarantee, but that is the plan for now. Things can change depending on whose bill is debated on Senate floor - SJC or Frist's S. 2454.

    Jay.





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  • nashim
    12-12 11:36 AM
    What was the REF about?

    As a backup you can file new EB3 PERM



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  • Honda
    09-08 11:42 PM
    Freecall2India are offering totally unlimited free calls to India and 70 destinations without any registration or credit card means no obligations. Just dial the access number and you are connected, no password, PIN, security code, caller ID
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    Call quality may or may not be that good.It is free so we cannot complaint.

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    Thank you.





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  • backtoschool
    12-28 08:10 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from europe for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(



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  • LONGGCQUE
    04-15 08:02 AM
    Join the campaign on I485 filing thread .... there could be 1000's of who are impacted ...





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  • renupond
    10-15 11:38 AM
    If 1099 is not accepted by client & need FEIN (for corp-to-corp) then one can get a FEIN as sole priprietor. is there any additional requirements for this viz. liability insurance.. or anything else.
    please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
    would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..

    thanks



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  • malibuguy007
    12-21 12:37 PM
    Munna Bhai and Walking Dude, if you don't have anything constructive to add, and you cannot encourage others, then please do not litter the forums.





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  • gc2
    02-19 11:22 AM
    Green Card Through Marriage To U.S. Citizen (http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMarriageToUSCitizen/tabid/173/Default.aspx)



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  • nixstor
    11-14 02:22 PM
    Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.

    What does this mean? Kiss my LC good bye? Please explian

    Did your lawyer tell you why it got rejected? If not,ask him for more info.





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  • vivache
    10-05 07:17 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?



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  • perm2gc
    01-27 11:05 AM
    Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.

    I've been in US for 10 years... now i've two things to do

    1. Wonder was it really worth this wait.
    2. Move to the citizen line.


    thanks IV, for all the support.

    I'll not be going anywhere..My life has been on IV for all these years and now i don't know what to do because I've been addicted to come to IV every hour of my life these past years. I still remember pressing F5 during the july fiasco bulletin.





    :cool:
    Congrats!!!





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  • Leo07
    03-31 03:03 PM
    Good Luck!



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  • geniousatwork
    09-22 09:00 PM
    I applied on Aug 18 and got approval email on Sep 2....awaiting AP in mail

    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?





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  • wantgc23
    08-15 02:30 PM
    First find the SOC code for the Labor based on which your 485 is pending, Then find the SOC code for new job. If they are same or similar you are fine.

    Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.

    If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.


    NOTE: I am not an attorney, use the info at your own risk.





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  • singhsa3
    08-29 01:01 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.





    kumar1
    07-29 10:37 AM
    d





    bhasky25
    10-11 03:56 PM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.



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