Monday, June 27, 2011

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  • h1-b forever
    04-22 08:33 AM
    small correction:
    president is not a member of the congress and neither are the judges (separation of powers)


    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.




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  • imm_pro
    06-13 05:09 PM
    Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus




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  • krishmunn
    01-05 12:55 PM
    They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

    As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .




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  • ujjwal_p
    06-10 02:19 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?

    Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.

    **- This is not legal advise.



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  • immiguy
    07-20 04:35 PM
    Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.




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  • Munna Bhai
    06-11 12:20 PM
    Guys,

    Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will

    He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...

    http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html

    Yes, it will be back and it will pass, we all should be well prepared this time.



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  • HOPE_GC_SOON
    01-31 02:24 PM
    Gurus:

    My friend got into this situation.

    He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.

    Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.

    Did any oone of you experienced this and if so, can you please share your experience..

    What are the Dos and Donts for this case.. Appreciate your replies.

    Thanks,
    :)




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  • YesGC_NoGC
    06-20 09:35 AM
    Thanks

    I will see if they agree to that or I will skip this opportunity and look for something else.

    What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?

    I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.

    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.




    If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).

    If anything try to negotiate your external title with your prospective employer.

    Good luck, can understand your frustration.



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  • prem_goel
    01-13 06:59 PM
    Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
    And please guide me on things to keep in mind while going for stamping.

    Thanks.

    Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)

    i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.




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  • swamy
    06-08 11:13 PM
    this should be pushed simultaneously with delinking 485 filing based on vb so theres some justice to the way gc's are dispensed;



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  • astral1977
    07-09 11:21 AM
    smartboy75,

    I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.

    AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.

    If in doubt kindly read through the text that you pasted in your message.

    Thanks.


    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???




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  • thepaew
    02-08 10:35 AM
    This shouldn't surprise you, should it? In the US too, some engineers make 50K and others make 200K. It depends both on prevailing standards and the individual's skills/luck/location. I do know people making ridiculous sums in India, but they are worth every cent to their employers.

    It basically depends on how much value some people can add and how well they can negotiate.

    I think the 3 to 4 lakh comment was meant for people "who could not get a job at Microsoft or IBM." I think that the author qualified his/her comments by stating "Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment."

    Ok. So if I summarize, you guys are providing the following ranges:

    22 Lakhs to 40 Lakhs
    20 Lakhs to 35 Lakhs
    12 Lakhs to 15 Lakhs
    3 Lakhs to 4 Lakhs

    That means, 3 Lakhs to 40 Lakhs. :)

    Wow! what a huge difference



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  • pappu
    03-06 05:47 PM
    Pankaj, can you organize the conf call and start activities. Others will join and help you.




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  • kapil_jn
    09-07 11:26 AM
    Have sent the details.

    And forwarded the mail to FL yahoo group as well.



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  • olddutch
    10-27 02:57 PM
    Sent H1B extension papers on Oct. 16th under Premium Processing to VSC.

    Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.

    On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.

    Hope this information helps.

    Good Luck to everyone!




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  • sertasheep
    07-05 05:27 PM
    syzygy, can you please update your profile with your telephone number? i'd like to talk to you about your experience with 07/02



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  • inskrish
    08-02 12:37 AM
    Here is my prediction.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.


    Do you think by Sep.17th receipting would have been completed? :-)
    Regards,
    IK




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  • GCDream
    02-20 08:12 PM
    Here is what I have after analyzing the FLC Data Center MDB files

    >2001 May 8 = 504 Certified Labors
    2002 = 79784 Certified Labors
    2003 = 62912 Certified Labors
    2004 = 43582 Certified Labors

    Total: 186782 Certified Labors
    The above data is for world

    Let's say India is 25% of world and 75% of India is in EB3

    This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004

    Since the country of the alien is available for Perm, let's use it for 2005 and 2006

    2005 India = 1350
    2006 India = 22298

    Total for India in 2005 and 2006 = 23648

    Pending in BEC: 111000
    Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812

    Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
    Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586

    Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889

    Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802

    Without any Law:
    139889/2802 = 50 Years

    Assuming CIR passes with
    1. Dependents not counted
    2. EB visas increased from 140,000 to 650,000
    3. Per country quota raised to 10%
    4. Exempts advanced degree holders

    Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590

    Total for India in all years till Dec 2006 without dependents: 63586

    Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717

    Total for India in all years till Dec 2006 without dependents and advanced degree holders

    = 63586 - 12717 = 50869

    For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years

    Conclusion

    Without Law: 50 Years :confused:
    With Law: 2.7 Years :D




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  • jonty_11
    11-09 02:52 PM
    Another important thing to note is that although GC is for a future employment oppportunity...you clearly state in Labor Application whether the employee is working with u currently....if u answer yes to that (which is the most common scenario) ...u have to provide the address of the location he works at...which shud be consistent with the Recruiting efforts undertaken (in that same area) by the employer......

    So simple by saying that GC is for future employment, u cannot move around unless you clarify that in labor cert.




    SFSweta
    08-22 03:26 PM
    Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!




    peer123
    04-09 04:34 PM
    Hi,

    My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
    that time frame I would have already applied for my EAD renewal.

    Can I transfer to Company B during this renewal process?

    Thanks
    AK


    I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.

    Thanks
    peer123



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