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Sunday, June 12, 2011

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  • needhelp!
    10-24 05:41 PM
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  • starscream
    05-30 11:08 AM
    Here is a general question to all:

    My understanding is that immigration reform bill that the house is set to discuss in June (STRIVE Act) does not recommend a point based system instead it incoporates certain elements of SKILL Bill like inc. H1B quota / reducing EB backlog. So let us say in June if the house passes the STrive Act and by then the Senate has already passed the CIR with MBS then how does Congress decide between the MBS of the Senate CIR and the EB proposals of the STRIVE Act. How will they choose between the two?





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  • ak27
    08-15 11:10 AM
    Hello,

    I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.





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  • Mount Soche
    03-31 10:06 AM
    I think your only option would be to get your AP sent to you in Canada if you will not be able to get your H1 from the Embassy. The visa is what allows you to get in and out of the U.S and they cannot let you back in if you don't have the stamp.

    Good luck


    I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.

    Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.

    Do you have AP? If yes bring with you. I did't have mine so I am stuck.

    I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.

    Are you a landed immigrant of Canada? I am but till having this problem.

    Can I come back to US without H1 being stamped on my passport? What other options do I have.
    Any suggestions.

    Ramesh



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  • Winner
    03-25 10:26 AM
    Just curious�
    Do these banks, which received TARP funds, have offshoring partners like TCS/Wipro? How is the offshoring part working? What does the H1B bill say about offshoring?





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  • sunny1000
    06-06 07:09 PM
    I heard I-140 premium processing has been restarted. Is it true?

    Where did you hear this? Can you please let us in on your source(s)?



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  • sertasheep
    03-26 12:48 PM
    Sai,

    HOW: Some attorneys have what they call "consular representation" (ie a good working relationship with the Consulates in Canada). I do NOT know how this is feasible, but several applicants who are unable to travel to their home countries due to long consular wait times, fear of retribution, etc., go through a attorney to get the stamping done in Canada.

    WHO: There are quite a few who specialize only in consular representation. And, they're VERY successful at this. They travel to Canada, ask you to be present at a rendezvous and then you go together for the interview. But it costs you quite a packet $$$!!!!

    How can a attorney help in getting H1 stamped at a Canadian US consulate ?





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  • lazycis
    06-06 01:02 PM
    I had 1 year contract for employment and I was not paid regularly. Also they were deducting money for health insurance which I didnot receive.

    So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.

    iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.

    Can i go to labor and complain ? Will they ask me to pay back 10k ?

    Read this case
    http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf

    You certainly can recover your salary. They cannot ask you to give back 10G because such clause is unlawful and is null.



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  • furiouspride
    08-14 09:56 AM
    ok. Any other suggestions?.
    are you scared of going to a lawyer and talking to him/her in person? i seriously wonder :) this is an online forum. are you going to base your decision depending on a few internet users' opinions? go find a good lawyer and get yourself that green card dude!





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  • MetteBB
    05-11 01:25 PM
    on which one? all of them?


    appreciate the comments/critique :pleased:

    /mette



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  • sanjay02
    12-08 01:24 PM
    Hi
    Does any one have contacts in websites like Rediff.com, Samachar.com so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on samachar.com





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  • GreenCard_Soon
    05-25 01:44 PM
    Just sent the fax.



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  • cherupally
    09-17 05:46 PM
    But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
    Again this are grey areas.There are no concrete answers.

    I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.





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  • saratswain
    11-05 04:08 PM
    Hi, I had a similar case and I could port it. My case was

    EB3 -> 06/2004
    EB2 -> 08/2006
    (Same employer, Texas center)

    Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.


    I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.

    Has anyone had any success with Texas Service Center for this kind of request recently?



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  • flyingninja
    10-29 03:57 AM
    Hi,
    I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
    We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.

    Petitioner Documents:
    1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
    2. Petitioners Income Tax Return for the last two tax years and financial statements.
    3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
    4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
    5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
    7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.

    From the visa applicant:
    1. Certified copies of your comp academic credentials.
    2. Evidence of previous work experience in the petitioned field.
    3. Evidence of extension of legal status in the U.S.
    4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
    5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)


    I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.

    Knowing this, could someone please advise me what are my options?
    1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
    2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?





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  • prashantkh
    08-22 01:30 PM
    Also, if you are planning to start on your own you can only have a 'C' corporation but there will be two levels of taxation, meaning first the corporation's income will be taxed and then individual's income.
    Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.

    But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)

    PK



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  • gc28262
    12-28 12:43 PM
    Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.

    And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.

    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.





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  • sduddukuri
    04-07 07:56 PM
    We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.





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    05-11 01:06 PM
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    xgoogle
    07-20 11:27 AM
    We applied for her AP renewal on July 1st 2009 and on the status page, it says approval notice sent on July 16th. At the same time I also see a soft LUD on her I-485. The new date is 07/15/2009 but no status update. Are these two events connected or is someone actually looking at her I-485? Note, she is not current per priority date, however Texas processing times have been updated recently.

    Any comments?





    alterego
    09-15 01:32 PM
    Clearly they felt putting EB2 india PD at Jan 2003 created too much of a flow. So they made it unavailable for a while then backed up 6 months with this new quota.
    My view is with the coming deluge of Labours from the BECs and the promised pick up in the pace of 140 adjudications, those of us in EB2 will be very lucky if we see a month for month movement in priority dates. I suspect you could count yourself lucky if you get to file for 485 in this fiscal year.
    EB india's situation is truly that bad. The bulge in applications in 2002-2005 is so huge that I feel that absent legislation the dates may move at best 4 months per year for the next few years.
    Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
    It is a truly daunting situation.
    I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.



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