Monday, June 13, 2011

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  • fearonlygod
    09-28 04:10 PM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

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  • Jaime
    09-05 03:35 PM
    Take the poll! What will it take to get you to attend the rally?

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  • chanduv23
    03-06 10:15 AM
    I received the same response yesterday.

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  • singhsa3
    06-10 04:41 PM
    July 2002 Eb3 should get it , middle of next year.


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  • verma
    02-20 06:03 PM
    What happens if we don't have 25000 letters?
    I see that we're way behind and only 10 days left.

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  • pitha
    02-10 08:31 AM
    As the saying goes “the proof is in the pudding" anybody can give statements but it is the results that matter. What results has compete america achieved, they are just giving lip service. Contrast them with the health industry lobby which has achieved results year after year. Compete america ultimate goal is more h1b which they will achieve one way or the other.

    Don’t get me wrong, I am not saying compete america is bad, I am just saying there focus is on H1b and not as much on EB relief. If they face a hypothetical situation where they can get either H1 or EB, they would gladly choose h1, that’s the bottom line. Its better to have somebody like compete america rather than nobody, but we need a corporate lobby whose main focus is eb relief.

    And there is an important lesson to be learned from the health industry lobby. They just did not say they want CIR or skil and then went back when both cir and skil failed. They started chipping away at individual items like 50000 visas for Schedule A last year and 90000 this year from unused\recaptured visas. We should also be asking for our individual line item, 485 measure. This is how a war is won, one battle at a time. It is unrealistic to have an "all or nothing" attitude that people opposing 485 measure have. If the health industry lobby had such "all or nothing" attitude they would not have got the 50000 visas last year nor would they have been trying to get the 90000 this year. Hope we learn from them.

    I am not sure about the statement "There is no corporate support for EB reform.....". Check this link They seem to have the same agenda as ours (i.e., IV's). Is IV aware (or in collaboration) with them?


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  • BharatPremi
    03-14 01:46 PM
    There is a largish I140 backlog today.

    There you go. Fantastic factor. People rotting in I140 would indirectly helping to I-140 approved ones.Technically say for an example 40000 EB3-I are stuck in I-140.. they will simply be not considered in 485 queue so USCIS will not see them in "Demand Queue" and that also pushes USCIS to forward dates. Now I-140 stuck , though his date date is current can't do anything except getting frustration.

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  • chandarc
    06-16 03:33 PM
    You mean you are in EB3 right now and want to upgrade to EB2, right? Not the other way round?

    If you are in EB2 already, don't move a muscle ! Unless ofcourse you can upgrade to EB1 !

    Is it possible to upgrade from EB3 to EB2, if person is working on EAD after AC21 is invoked and H1 is expired?


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  • ita
    06-27 02:24 PM
    just called and the person that answered my phone said she would take the message to the Rep.

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  • uma001
    08-08 10:22 PM
    Hello PAL

    I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
    body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.

    One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.

    I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
    Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?


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  • chanduv23
    09-13 01:48 PM




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  • gccovet
    06-28 05:21 PM
    I have some questions:

    I have EAD and AP, but i never used it. Still working on H1.
    My wife used EAD but never went outside never used AP.

    1) In EAD form, for Q.15 Current Immigration Status for me and my wife?
    2) In AP form, for "Class of Admission", what should I write for me and my wife?


    Q15: For you = H1B For Wife = AOS Pending

    #2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)

    You =H1B Wife =H4



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  • ramaonline
    05-28 01:27 AM
    $50 each:
    Transaction IDs #4T891561S54785733 , 4P0204018M071534G

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  • mshelat
    07-23 08:17 AM
    That is wrong. You must wait until you file your taxes next year with the new ID number.

    Any updates for H1B and their H4 dependents (with ITIN) for obtaining Economic Stimulus Package?


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  • eb3_nepa
    03-08 05:02 PM
    of course, a different visa type, discrimination built into the law.

    Discrimination based on what though? That is the important question. To the best of my knowledge only australia has that advantage.

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  • sanju
    03-05 03:58 PM
    Ya, I am thinking of starting an outsourcing company which could take this stupid easy work from USCIS and outsource all that work to Thailand. Then I will sponsor work visa for all these bumps at USCIS to work in the outsourced site. Soon you will see me in the court of loo doggs answering his question "how in the world did you outsource all these 'american' jobs"? And my answer would be 'because these guys were all genius and were expert at eastimating the cost of running a query. So we hired bunch of them to represent the company with USCIS."


    I think I know how this works. They would outsource this program to some govt contractor (or ask the govt contractor who is working on their data ) to produce that report which costs (<10$ worth of time/effort, if they have all the data).

    If all they want is money be it. I am ready to pony up $50 for this,if we all approach together. But as someone suggested country of chargability is a must.


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  • nrakkati
    03-20 08:36 PM
    you never worked for X and has been working w/o break with #2 ... u said, I believe.

    Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.

    If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.

    Yes. Your assumption
    "you never worked for X and has been working w/o break with #2 ... u said, I believe"
    is correct.

    Only thing that I want to point out is - Employer X sponsored my H1B (i do not know it is new H1 or transferred), but never moved from current Employer. Maintained valid status with current employer.

    When it comes to immigration stuff, I would not do any 'wrong doing' intentionally, not even as a last option.

    Not sure if I crossed the line here (obviously unknowingly) by having H1B with 'employer x' , but I was told it's all legal.

    Thanks for your input.

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  • DesiPardesi
    08-29 05:09 PM
    Guys, any idea on what happens to GC Process and H1 in case your employer is acquired by another company willing to do similar job.

    My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.

    Both companies are willing to cooperate.

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  • gsmishra
    07-25 11:15 AM
    great thanks

    i told them that i am calling on behalf of the employer, i told my name as a legal dept guy from my company, (as instructed by my legal dept guy as they r too busy to call USCIS). then she asked benificiary name and date of birth.
    she also asked me when it was mailed, i told it was mailed by our mailing dept in 1st week of july (actually it was send on 12th july) :)

    she put me hold for a minute and gave me the number.

    03-20 09:50 PM
    There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1

    1. You are not counted against the cap
    2. Need to prove you are in status.

    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.

    Ok, Here's what law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference

    05-19 04:37 PM
    sent emails.

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