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  • kshitijnt
    11-16 02:55 AM
    Bill rate? 70/30 basis?? Contract??? I would like the OP to report his employer to DoL. DoL and USCIS will kick both the OP and the employer. It is easy to get carried away saying that the employer is blood sucker etc. But very clearly, you should know that there can't be these kinds of contracts on H1. The employer knows that people who go to them are on thin ice, and so does the employee (employer is there to do business -- he is not running charity).

    Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.


    To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.

    While I did not suggest him to go to DOL. Let me tell you that working on hourly wages is legal on H1. The best solution is to find the job quietly. How do you know how much is his employer making and what he has got? There could be very significant difference.





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  • chanduv23
    07-08 02:31 PM
    One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.

    I am in same situation. As of yesterday, my previous employer would have revoked my 140.

    I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.

    Any ideas how to ensure that AC21 paperwork is getting into your file.

    The answers I see on this forum is
    (1) USCIS is overwhelmed with documents so mail can be trashed
    (2) USCIS clerk does not know how to handle the paperwork
    (3) USCIS certifying officer is not well educated about AC21

    Any idea on how to ensure AC21 paperwork really goes into your file.





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  • muthiahmerchant
    06-28 09:54 AM
    Hi desi3933,

    My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?

    We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?

    Could you please advice?

    Thanks

    I read from a different post that you can file for AOS if you are out of status for less than 180 days. there is a section 245(k) which allows you to do this. I don't know the accuracy of this info.

    this is from murthy.com site

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.





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  • gulute
    11-16 03:39 PM
    Since you have negotiated 70:30 before joining, you must have agreed to paying H1b Fee. And yours is an H1 transfer and you new how this business works and signed the contract!

    Read this post: http://immigrationvoice.org/forum/showthread.php?t=22428

    Now what are you complaining when you knew how this system works?

    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx



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  • sorcerer666
    04-21 02:56 PM
    Yes. a law will be good.

    yes now go do some research about how a proposal becomes a law! Signing a petition doesn't go anywhere, its just one of the many steps to influence the lawmakers.
    On your other post, your comments are the stupidest ever! So please research before saying other peoples comments stupid :P





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  • go_guy123
    06-30 12:19 PM
    But Gandhi ji actually did something when he was humiliated , unlike MOST IV MEMBERS" who just talk.. yes right TALK

    Comparing with Gandhi ji's struggle makes no sense. When discriminated, he refused to cooperate. Refused to buy "monopolistic" foreign clothes, salt.
    H1-B is noway similar to that. H1B can choose not to put up with discriminating employers, rules etc and chose not to work in an economy which is exploitative.
    Once H1B stop putting up these rules, employers with think we need to do something to attract foreign talent. Till then why bother to lobby for change in EB rules.

    Note: I approve of free trade but in those days it was all one-sided monopolistic trade where Indian consumers had no choice but were forced to buy British goods.



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  • ngopikrishnan
    06-28 08:08 PM
    6/2 - Paper Filed / Application sent via USPS
    6/4 - Application delivered to Phoenix Lock Box (PO Box)
    6/11 - Check cashed
    6/18 - Receipted at CSC (with WAC receipt number)
    6/28 - Status changed to 'Application Approved' / Email received
    6/29 - Status changed to 'Approval Notice Mailed' / Email received





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  • shimul99
    10-25 03:51 PM
    I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.

    Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....


    Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.

    1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
    his signature). Now if his file is in BEC this would not have happened so it is
    safe to assume that either he might have used substitution labor OR his file
    is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
    period there were lot many software glitches in the PERM system so many
    lawyers were almost hesitant to file under PERM. But assuming that his
    lawyer took decision to file under PERM, end to end process was almost 4
    months for PERM so either his file was reached before Feb 06 then only he
    could have labor approval in May 06. So there is definately something
    wrong there.

    2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
    (His signature)?

    Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.



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  • inthehole
    08-14 12:13 PM
    Used AC21 to change employer. I am currently working on EAD.

    E-Filed - June 15,2008 (for both me and my wife)
    FP - July 12,2008
    July 23 - My wife's EAD approved
    July 30 - RFE for photos(?)
    August 4 - received RFE letter
    August 6 - responded RFE (sent photos)
    August 7 - uscis received RFE(case resumed)

    my current EAD expires Sep 26,2008
    For the past 2 days trying book get infopass. I am getting a message saying "No appointment is available, Please try again later".





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  • dontcareanymore
    03-18 04:46 AM
    You may have trouble entering the country. There was an article on this very subject on murthy.com . You may search for the article with the key word.

    From what I remember from that article, misdemeanors are not considered as inadmissibility, but the catch is, if the crime is a "felony" but ruled "misdemeanor" that could be treated as ground for inadmissibility. The shop lifting was given as an example of such case. I don't mean to scare you , but re-entry may not be your only issue, I think I485 approval may also be an issue.

    I am sure I must have missed some thing in paraphrasing and recollecting the article, but you could search for the original article.

    Goodluck.

    Disclaimer : I am not a lawyer. This is just my opinion based on my recollection of reading some thing online on a general topic. You are probably better off discussing your specific case with a qualified attorney.




    Gurus,
    Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
    1. Is it safe to travel to India and come back on AP?
    2. What are the possible chances that visa officer may not let me into the USA?
    3. Do I need to carry any letters from my criminal attorney explaining the situation?
    4. Any one in similar situation, please update me on this?
    5. Please list of documents I need to carry during my travel

    Please reply and post your valuable opinions/suggestions/advices.

    Appreciate all your inputs.

    Have a nice day!!!

    Thank you,
    Sahaayam.



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  • mihird
    09-15 07:14 PM
    It is a public Forum. It is created for sharing ideas among the members. The success story of mr Reddy will give inspiration to other members to be successful. His information was realy helpful to lot of people.If it helps to anybody ,why do you want to stop this discussion ? If you are not comfortable with this,you don't need to read this thread ! OK ?

    It is created to sharing ideas among members - to resolve immigration matters - not to discuss other topics like real estate investments etc. It is okay to quote one's or someone else's progress in financial matters in the context of his/her immigration status, but to make a complete turn and just discuss the specifics of financial investments etc. doesn't have a place on this forum.

    My 2 cents..





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  • aperregatturv
    09-22 07:01 PM
    Another problem i see here....

    this ROY BECK is CEO & Founder of NumbersUSA is doing a backdoor calls directly to Harry Reid to kill this and other bills ....

    Check his Today's Blog

    Link (http://www.numbersusa.com/content/nusablog/beckr/september-22-2008/e-verify-will-die-if-congress-doesnt-act.html)

    Senate Majority Leader Harry Reid (D-Nev.) has two honorable choices:

    * No. 1: Go around Sen.Menendez who has a "hold" on H.R. 6633, the "clean" E-Verify re-authorization bill passed by the House. Sen. Reid can bring this back-room filibuster to the Senate floor for a vote. If he does this, there easily will be the 60 votes necessary to stop Menendez and allow an overwhelming majority vote to pass H.R. 6633. (Reid reportedly doesn't want to do this because he doesn't want to force some of his Democrats to have to go on record just before the election.)
    * No. 2: Avoid a vote altogether by talking to Menendez privately, persuading him that what he is doing is threatening the reputation of the Democratic Party just before elections and get him to withdraw his "hold" on H.R. 6633. (This way, Reid could then bring H.R. 6633 to the floor in the "hot-wire" fashion which will pass by voice vote.)

    Either way, the American worker and public wins. It is all about Reid doing one of those two things.

    This is why we want you to put particular pressure on Democratic Senators to put an end to Menendez' shameful grandstanding. Fortunately, Senate Republicans are standing firm against Menendez.

    The weakest and most vulnerable American workers -- and non-workers -- will benefit the most from your willingness to step forward and take action this week.

    SEN. MENENDEZ' E-VERIFY BLACKMAIL DEAL

    After we told you that some Republican Senate staffers were working with Sen. Menendez (D-N.J.) for massive increases in foreign workers, you hammered Republican offices for not holding the line for a "clean" E-Verify bill.

    Your efforts really worked. By the end of this last week, Republican Senate staffs were going into negotiations with Democrats and making it clear they were united in oppositiion to a foreign-worker surge at this time of 5-year-high unemployment and financial industry collapse.

    Sen. Menendez apparently is not bothered by the 5-year-high official unemployment rate -- or even by the 292,000 additional American workers who went on unemployment in August alone. He is insisting that if we keep E-Verify, then we have to add another 550,000 foreign workers next year to the 1.1 million immigrants already scheduled to come.

    (AS A REMINDER: E-Verify is the central tool for taking away the job magnet from illegal immigration. The U.S. Chamber of Commerce wants to kill it so outlaw businesses will have more freedom to hire illegal workers. E-Verify is the on-line system that businesses can type into for each new hire and find out if they are an illegal alien.

    (If you live in Arizona, Oklahoma, Georgia -- or any other of the places that have started mandating that businesses use E-Verify -- your efforts to combat illegal immigration will be halted. )



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  • sanjeev_2004
    08-22 04:42 PM
    Thanks! That's helpful... from what you say, sounds like PD is still quite important. RD comes into the picture only after the PD becomes current. However, if a range of PD's are current, then they would sort those by RD and not by PD.

    For eg, if they move the dates forward by a year, and Jan 04 and Jan 05 are both now current, a person with PD of Jan 05 but an earlier RD would still get processed prior to an application with PD Jan 04 and a later RD (according to the FIFO principle)...

    you are right there but USICS does not follow any principle so in your range person with Jan 05 PD could be last (Decorator pattern).





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  • mrsahaayam
    03-15 09:50 PM
    Thank you for all quick replies.

    It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?

    My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO

    I am praying god for the silly thing have done and help me in this..

    Never repeat a mistake again...

    Guys, please help me if any one knew any info...

    Thank you very very much!!!



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  • ramaonline
    04-09 07:41 PM
    Once you go back to your home countries - If your jobs can't be filled locally they will be sent offshore - The impact on the employers will not be too big for Congress to take notice.





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  • sunny1000
    10-11 11:18 AM
    Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.

    What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?

    USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.

    PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.

    Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.

    First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.

    Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.

    And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.

    If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .

    Who's is kidding whom? I am educated enough to spot a hypocrite like you. It does not take education or the knowledge of law but some common sense to think about these things, which you don't have. Also, a hypocrital bully like you does not have any morality or ethics anyways. Look yourself in the mirror before you call names or judge somebody. I don't need a lecture from a person like you, especially on the law or the meaning of citizenship, which I am quite aware. So, just keep rambling about your useless crap.



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  • gcpadmavyuh
    08-22 06:31 PM
    Well said Satish!


    5&6 raise an important issue - Could there be potential EAD and AP time lost between the actual approval dates and by the time these documents reach us in the mail?

    Guys, as we all know we can not build our careers on EAD and TD. For a permanent solution, join us in the DC rally!



    This is what happens after 485 receipts.

    1. If one has not applied for EAD and TD , one applies for them and wait anxiously for their receipts.

    2. Meanwhile some people start getting FP notices and one does not receive them he or she gets anxious. Finally one gets FP.

    3. Meanwhile one gets the receipts for EAD, TD. One keeps checking the status online.

    4. One goes and gives finger prints for INS.

    5. Finally one gets his or her EAD and TD after 5 to 6 months , One enjoys the moment briefly.

    6. Its almost a month since one received EAD and AP , Its time to apply for renewal.

    7. Repeat step 1

    8. Its almost 15 months since the first FP and one receives the second one because "Finger prints expire" ,


    One has to repeat these steps in a cycle for almost 6 to 10 years depending on PD and "Nationality"


    Meanwhile if USCIS changes any processes anywhere in the pipeline expect further delays.


    I think best thing is to do participate in IV activities.





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  • aadimanav
    08-14 12:25 PM
    Treat the letter as a template, and feel free to make any changes.

    Txs


    Can you make modification to the letter, like Hr5882 has passed the sub-commitee and waiting for the approval in the next phase.
    also this bill is for Skilled legal immigrants only and has nothing to do with the illegal immigrants.
    One benefit of passing this bill will also boost the economy as skilled legal immigrants will be in the market to buy new homes (clrealry mentioned in the statement of Greenspan).

    last time is sent this letter to senator in Ga, he replied back in regards to increasing the number of H1B..Yeah he replied for h1B and he wrote a long email. this time i am going to clear his confusion..





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  • chanduv23
    11-08 05:07 PM
    Happy Diwali to you and your family as well. And Happy Christmas to you and your family as well (In Advance).:)

    Thanks giving is coming up

    before we start researching on the hot deals, lets all take time to wish everyone on thanks giving too :)

    And offcourse Christmas and New year and then it goes on.

    Happy Diwali to you too Mark.


    This shows the spirit of oneness :)


    The message I would like to tell all IV members "Lets all unite and stand up for ourselves, lets all work together towards our goal. As a first step, please join your state chapters, if you have not joined already"





    thankgod
    06-03 10:39 AM
    just becoz u'r kid is not good in spellings.... it doesn't make it mandatory for some folks to be jealous in demeaning way...... maybe you feel bad that a 10 year old has better english vocabulary than you at 40..... whatever it is.... u'r not always in competition with u'r surroundings........ grow up and appreciate the effort & dedication that breaks human limits..... even if it is a 10 or 12 yr old.....

    software can write software too...... then y do we need programmers.... y do we need eb2 and eb3?

    y do we have 100m race if we have cars? y do we have swimming contest if we have boats & ships that can go lot faster....

    have an appreciation for things around u..... just becoz u'r not good at something..... or just becoz u don't think its important to u..... it doesn't mean that it doesn't have any meaning...... there is lot more to this competition that meets the eye..... u'll value it only if you open u'r eyes and make an effort to see.....


    Senseless post. You are exciting too much brother.

    I am the one who is opposing that this kind of matters should not post here and wining in this competetion is not so great.

    Regarding Jealousy, It is funny. I am in my late 20's and even I dont have kids. why should I jealous about her. I dont know about other members. But fact is no body jealous about her.

    And your comparision is so stupid. Its yucky. 100 m or 1000 m is a physical activity.

    I will prefer doing math or some thing else than your SPELLING BEE.

    Finally, If you want to congratulate her arrange a meeting or pot luck in your home and congratulate her.
    Or just send a check for her. Please dont make non sense here by posting suh useless /out of scope matters.


    PS: Take ot easy if there are any spelling mistakes in my reply.





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    03-15 09:47 PM
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