Thursday, June 16, 2011

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  • saimrathi
    08-10 03:10 PM
    Not a big fan of recurring contribution.. would like to contribute when I feel comfortable...

    from your signature it says you contributed and you voted 'no', am i missing something here?





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  • anindya1234
    06-01 02:39 PM
    I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!


    Everybody has the same problem buddy





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  • BharatPremi
    12-07 11:59 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.

    In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
    "should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

    So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

    And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

    Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....





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  • unseenguy
    06-16 02:16 AM
    Thank you so much for all your advice. I will let them know immediately. However, I have one more question. Is it better to apply the visa from a computer in Indonesia compare to I help them apply from my computer in the US or it really doesn't matter? I'm not sure if the embassy tracks IP address or probably has something against it. Just a thought because we're very careful not to mess it up.

    If you prepare the application, you should sign as preparer and they as applicant. If they prepare it, only they need to sign.



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  • ruchigup
    08-22 03:54 PM
    Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
    Can you please share your AC21 experience so far ? Is your new job exactly similar ?
    I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.





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  • enggr
    10-02 10:20 AM
    you could try getting a letter from university that you had completed all the requirements for your degree in 2000 but your degree was formally awarded in 2002

    immi_seeker,
    That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply



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  • FinalGC
    11-06 11:43 AM
    Here is a crutch for you.

    You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.

    If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.

    Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.

    Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.

    I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....

    My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....





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  • SlowRoasted
    06-08 07:17 PM
    I voted for those 3 vector ones and mine and a few more lol.

    tsk tsk, voting for yourself :bad:



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  • GCAmigo
    12-08 08:18 AM
    everything is behind closed doors.. just wait for the updates form the core team..





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  • jetflyer
    04-07 01:43 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.



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  • enggr
    11-21 01:47 PM
    enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.

    Hi Wandmaker,
    thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
    I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice





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  • arunkotte
    11-21 09:41 AM
    Done!! Sent an email to 60m.



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  • guesswho
    06-11 03:09 PM
    Sunny1000,

    Please be careful before replying. If you do not know, don't answer.

    I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.


    You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

    This is just my view. There might be better ways but, that is the only one I can think right now.





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  • new_phd
    05-14 12:51 AM
    *** Modified post to reflect that this is a repeat post.***




    __________All Other________ China _________ India __________ Mexico _______ Phillipines

    EB-1_________ C ____________ C ____________ C ____________ C ____________ C
    EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
    EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
    Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03


    Everything else is current.

    Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html



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  • camberiu
    06-13 12:51 PM
    Hello everyone,

    I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.





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  • Ann Ruben
    02-04 09:16 PM
    Hi Prem,

    As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:

    "Q10: Who is eligible to use the H1B "portability" provisions?

    A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.

    Q11: Are there any other limitations on the portability provisions?

    A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."

    However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.

    Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.

    Hope this information is helpful.

    Ann



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  • walker15
    02-15 10:55 AM
    Also your immigration attorney's involvement is very crucial in regard to your case.





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  • hopelessGC
    04-20 10:59 AM
    Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.

    Of course, he doesn't want her financial burdens spoil the honeymoon, jk :D

    Depending on what the payoff amount is, you can try getting a personal loan from DCU or a similar credit union at a low rate and payoff the India loan. And yes, you should check whether 13.5% interest is worse than the 6-7% interest you will pay on a US loan; so crunch some numbers using that calculator that is biting dust.

    One thought...why don't you just pay cash down?





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  • perm2gc
    07-16 07:14 PM
    They have been talking about this lawsuit for a long time now. I wonder when they will actually file it. Though they claim that they will file it this week, I would trust them only when they actually do file the lawsuit.:D
    they will file once every attorney made enough money by filing our i485 based on their never going to be filed lawsuit:D





    Dakota Newfie
    03-27 09:18 AM
    My immigration attorney said it was OK for my wife to "volunteer" as long as the work was "volunteer", i.e. something a US citizen could "volunteer" to do.
    She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.





    waiting4gc
    04-15 04:42 PM
    Its nice to see good news from more and more people. Enjoy your new found freedom!!

    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)



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