Monday, July 4, 2011

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  • us_employee
    08-24 09:25 PM
    Thanks Wandmaker, I think thats true based on my knowledge too. Attorneys, can you please confirm about the same. I really appreciate.

    Thanks in advance




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  • tanmoymuk
    03-02 02:29 PM
    EB1 was applied under the Extraordinary ability. I also have a EB2-NIW I-140 cleared as well. Hope that answers your question.




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  • H1InTrouble
    09-18 03:59 PM
    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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  • GC08
    05-26 06:30 AM
    With so many proposals and so many amendments to the so many proposals (:rolleyes: ), which one would actually (or at least help to) eliminate the current backlogs (i.e., make the priority date current)? :confused:

    We should make sure that any bill that potentially becomes a law will resolve the current retrogression issue (instead of making it worse).

    So before we decide the bill to support, can anyone tell which bill will eliminate retrogression? Maybe we can categorize all the bills into the following types:

    1. Will definitely eliminate retrogression if the bill becomes law

    2. May eliminate retrogression or may make it worse if the bill becomes law

    3. Will definitely make retrogression worse if the bill becomes law

    4. Will have no impact on retrogression if the bill becomes law

    :D



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  • dentist1
    08-14 02:26 PM
    what is the LUD date for all 3 of you, is it the same.




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  • edsalbo
    03-16 10:26 PM
    HI,
    My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
    So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.

    .



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  • itsokgc
    07-18 01:18 PM
    FYI..

    Employer B I-129 is valid till Dec 2008




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  • ps57002
    09-16 11:19 AM
    This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..

    I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.

    Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.


    Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.



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  • go_guy123
    07-28 08:24 PM
    fyi

    Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)



    That logic wont sell....sending mexican software engineers to US.
    If mexican citziens are sent on TN2 ....well they can also change jobs as well if they are
    "used" for 80 hours a week. Murthy is talking from his a**




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  • nk2006
    12-11 03:31 PM
    4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.

    Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.

    This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.

    Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.

    Let me know if my understanding is not right above.



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  • AjP
    June 6th, 2005, 05:45 AM
    really beautiful shot!!!!!!!!!!!! I like the 3d and little water drops on a rose. Great Shot!!!!

    EB2 and Job Zone O*net [Archive] - Immigration Voice

    View Full Version : EB2 and Job Zone O*net





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  • IVFOREVER
    02-14 09:49 AM
    Tecnically you dont have any visa number available now.since you are transfering your priority date to eb2.until they make decission on your I-140 they will not process your 485.This is my opinion only.Talk to good lawyer take the second opnion onthis before you are out of time.never know what april 08 bulletin has in store for eb3.



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  • snathan
    09-18 11:31 PM
    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

    Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...




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  • mn1975
    08-17 09:25 PM
    Hello

    I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

    My status
    Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
    485 pending since more than 6 months

    Thank you



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  • purgan
    04-27 08:22 AM
    i don't think disability is a bar especially if you're an employee and contributing since 98. Of course, there are some health related bars, but many of those relate to communicable dieases etc. The USCIS has publications on the medically-related bars, you should check on the USCIS website for more information (search for a form I-693)




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  • Blog Feeds
    07-08 11:30 AM
    AILA Leadership Has Just Posted the Following:


    Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.

    The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.

    We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:

    It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:


    An economic analysis commissioned by the U.S. Chamber of Commerce
    concluded that the net societal costs of the program would be $10 billion a year
    � a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:


    A 2007 independent evaluation of the program commissioned by DHS found that
    the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
    the requirements for �accurate verification.�



    SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
    the databases were not improved, SSA database errors alone could result in 3.6
    million workers a year being misidentified as not authorized for employment.
    This would result in 6 out of every 100 workers having to visit an SSA office to
    correct their records or lose their job.

    It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:


    Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
    in nearly 13 percent of all workers being initially flagged as unauthorized for
    employment. All of these workers were cleared by Basic Pilot/E-Verify as
    work-authorized, but only after �significant investment of time and money�
    and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!

    https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)



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  • waiting for GC2010
    11-18 09:32 AM
    Yes one must be a Greencard holder to attain unemployment benifits.
    Not permitted with EAD.




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  • roseball
    04-07 03:34 PM
    Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

    I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
    we are trying to reappeal to USCIS but iam not sure if its going to work.

    Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
    They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
    Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

    Thanks in advance

    You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.

    Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)




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  • guyfromsg
    07-26 08:31 PM
    hey guys,

    i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?

    I will appreciate any help.

    thanks

    ashish

    According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf




    mmk123
    10-14 06:47 PM
    That's old news my friend. Recent news is about 50M to Harvard Business School.

    Tata Group’s $50M fuels Harvard Business School growth - BostonHerald.com (http://www.bostonherald.com/business/general/view/20101014tata_groups_50m_fuels_harvard_business_sch ool_growth)




    imh1b
    06-01 01:08 PM
    Hi
    I am Hiren Working as software developer.
    I have resign from company last week,
    But company don't given me experience letter , relieving letter.
    company simply refused my request and said to not possible.
    In another company required this letter.
    Also Company using illegal pirated software to make product ..
    What i have to do?
    What action i should take for this?
    Kindly help me ...

    The dude is an anti-immigrant. He wants people to some ideas that are illegal so that he can show everyone that desis do illegal things.

    Dude you cannot even write proper English. You do not even deserve to be in this country if you are legal. You better go back to your country.

    If you are an anti, your English shows why you are out of job and blame immigrants. Go and learn English, get some skills and you will find a job. Otherwise go to Africa and help humanity. That is the best job.



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