Monday, June 27, 2011

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  • chanduv23
    06-12 09:32 AM
    I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
    Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.

    This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.

    Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.

    As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.




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  • Libra
    10-23 01:43 PM
    My I-140 pending over a year finally got approved. got an RFE a2p and replied on 4th of oct. approval date 22 oct.

    good luck guys.




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  • justin150377
    06-22 09:27 AM
    any advice?




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  • tdasara
    08-17 07:16 AM
    Try Ben Salem, PA. I plan to go there with my EAD and I-485 this month end.



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  • delhirocks
    07-19 10:43 PM
    Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.

    Any Guess????

    Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)




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  • snthampi
    08-17 12:40 PM
    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

    As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.



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  • immihelp1
    07-17 06:22 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file




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  • willigetgc?
    01-21 01:15 PM
    To avoid being like the thread running a few days ago, I don't want to be responding to each response. However, I do want clear a few things:
    I am not promoting one parenting technique over the other.
    As I said, I agree with a few things and disagree with a few things the author talks about.

    Having kids myself, I cannot think of a parent who would do harm to their own child. Each set of parents come with their own parenting skills that works for them and their children. I leave it at that.

    I only posted this because my doc asked me of my opinion and I in turn asked the opinion of IV members. If this thread is going to turn ugly, lets stop it, that was not my intention.



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  • helpmeExperts
    01-13 10:29 PM
    bhanupriya, thanx for the valuable information.!!




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  • fall2004us
    08-14 02:28 PM
    I didnt know that you can send a single check for all applications.. ??
    It would have been better if you had split the checks.
    Dont worry they might accept it now.



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  • bmoni
    12-23 04:28 PM
    Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .

    Thanks




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  • NolaIndian32
    02-10 10:05 PM
    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck



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  • sidbee
    11-09 03:50 PM
    Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.

    Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).

    Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.

    This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.

    Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.

    Hope that I have submitted a informative post here.


    What the helll.... How is this post relevant ???
    Is this a joke.




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  • fromnaija
    11-30 11:22 AM
    Hi,

    My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.

    The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.

    Any advice will be appreciated.
    Thanks.
    Regards.

    After 140 approval, have your current employer file for 3 year H1 extension. After H1 approval, move to a new employer and then have new employer file new PERM application for your new role. If your old 140 is not cancelled by the time new employer files 140, I believe you can inherit your PD.



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  • Karthikthiru
    08-01 11:16 PM
    We all have to keep assuming like this only. The only way is to lobby and increase the the VISA numbers per year. So we all should show up on the Sep 13th rally and show our strength

    Karthik




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  • immigrationvoice1
    04-04 02:28 PM
    I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.

    Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.

    BTW, what does OP stand for?



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  • vdixit
    04-10 08:00 PM
    THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.




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  • gc28262
    07-11 02:53 PM
    My last EAD renewal was processed very fast from TSC

    Applied: 10/22
    Card Production Ordered: 11/12




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  • Raju
    02-22 06:06 PM
    Hello everyone,

    I have a question abt the recent contributions. Of late i have seen a SHARP drop in contributions. Have we reached a plateau now, or are the contributions not updated live?

    Also i have a question abt what the agreement is with QGA. Do they do nothing till we pay the $200k or do they do things in installments (like our immigration lawyers ;)). A lot of non members, but possibly potential contributors keep asking me abt the same. If the board can answer this question i would appreciate it. If you do not want to post that info on here, please send me a Private Message.

    Why don't we sell some advertising space on immigrationvoice.org




    jkays94
    04-18 07:49 AM
    The McCain-Kennedy bill is what had the EB provisions in the first place long before Frist or Martinez-Hagel put their bills. Senator Kennedy has been fighting for immigrants rights for almost 40 years (longer than someone of us have been alive) including legal immigration. His own brother President John F. Kennedy wrote a book called - We are a nation of immigrants.

    I am sorry but with all due respect to Sen Kennedy he could address the rally of bunch of illegals waiving Mexican Flag and demanding their "RIGHTS" in Spanish. We have sent faxes in English to Senetor Kennedy requesting to support Bill that will provide relief to Legal immigrant communites but still nothing specific to our cause.

    Please let us refrain from making conclusions as to who was at the rally, there were many legal immigrants and citizens at the DC rally of many nationalities and backgrounds, it was covered live on CSPAN twice for its entire 4 hr duration -- CSPAN as you know is funded by US public funds and would not cover an event dominated by illegals. The US constitution guarantees constitutional freedoms and rights to all who are within its borders and that would include the right to assembly and freedom of speech. FYI, there are 43 million Hispanic-Americans in the US. The DC rally had just as many American flags as many other rallies around the country on April 10. Senator Kennedy has done a lot for legal immigrants, but lets face it, with no CIR, there will be no separate bill for legal immigrants, we would have to rely on ammendments to other bills and those ammendments would be subject to the fate of sections 8001 and 8002 of S1932. CIR originated in the Senate through McCain-Kennedy, the EB number provisions were in this bill, so lets give credit where its due and not say that nothing has been done for legal immigrants by the Senator.




    meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.



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