Sunday, June 12, 2011

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  • bipin
    03-18 03:28 PM
    Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.

    Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.

    Later I can take on my ex-employer and it can take it's own time.

    This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.




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  • jungalee43
    08-26 09:38 PM
    Sailesh thanks for your advise.
    Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.




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  • i4u
    04-26 10:45 AM
    RFE can be issued to any person of any age. Until you know what the RFE was for, it is unlikely that anyone can help.
    But as you said, your entire family got it so the rfe must be something minor.




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  • RamK
    09-24 02:09 PM
    Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.



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  • johnamit
    08-13 09:58 AM
    advantage I will have is I am guaranteed to stay till my 9th year H1 expires which still has 2+ yrs left, and at the same time take second job on EAD and travel on AP. If I choose to switch to EAD then if the 485 decision is against then I would have no option of staying here.




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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.



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  • lecter
    February 27th, 2004, 07:39 AM
    Count me in............10 a week! We are all here to share and offer opinions, praises and learn from the good and the bad in all of us.....(talking about photography here...........Lecter)

    I cannot possibly comment bob...

    but I do get noticed in this country...

    hehe

    http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg




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  • kirupa
    08-18 11:48 PM
    If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!



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  • maddipati1
    12-17 12:58 PM
    people already forgot about Jan Visa bulletin. its almost time for Feb bulletin predictions. wait a couple of days, one of the genius will start a thread for Feb bulletin predictions :-)




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  • mittal_a
    06-26 02:45 PM
    I did the address change long back and got the LUD for the same reason way back.

    Thanks
    Amit Mittal



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  • QuickGreenCard
    09-15 09:48 PM
    I have filed for EAD & AP by mail. AP got approved before EAD and the approval was put in the mail. While waiting to receive AP approval, EAD got approved and the approval was put in the mail.

    I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.

    I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.

    How far is this correct?

    Has anyone faced this kind of stuff???


    Thanks

    SRI




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  • immiindi09
    01-12 05:38 PM
    thank you "div_bell_2003". e-file and paper renewal, does it take the same
    processing time?



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  • priderock
    05-15 02:40 PM
    1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.

    My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?

    As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don't think it will be valid for 3 months (say until September) even though your visa was only valid until June30.

    Since your visa stamp is expired you MUST get new stamping before re-entering the US.

    If you go to stamping with new extension , you will get the stamping until that date (2010).

    PS: I am not an attorney , get help from an attorney when in doubt.




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  • imh1b
    02-25 10:47 AM
    Guys,


    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.



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  • PavanV
    09-14 02:13 AM
    shreekhand, I think peshwa's comments are about right, its human psychology, the slaves organized and demanded their rights, but it took a long time to get that , but they were some among the slaves who did feel that they were going to get freedom from their masters if they really worked hard, do you think they would have gotten freedom if they had did just that ?




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  • Blog Feeds
    11-19 03:01 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.

    For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.

    Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.

    In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.

    According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.

    Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.

    Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?

    Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.

    Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.

    All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?

    And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)



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  • rameshvaid
    04-09 07:32 PM
    Thanks Bytes4lunch for your input. I do not have AP also and am at their mercy now.

    Lets hope for the best.

    Thanks anyway

    Ramesh




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  • pd052009
    03-15 11:34 AM
    You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.

    Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
    You can not simply say that Infy,TCS/Wipro are nice. Through body shoppers you have an oppertunity to earn more. Through Infy,TCS/Wipro, you would get designation.




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  • h1bjava
    03-20 02:08 PM
    Hi Coolpal,

    Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.

    Thanks.




    sandy_anand
    10-30 03:49 PM
    Plus focusing our efforts on these other bills would dilute our attention to CIR - the big one!




    Murthy
    02-21 07:49 AM
    Any Bank account gets deactivated if there are no transactions for a certain period.Call your Bank and find out.The best thing is always close all accounts before you leave.