Wednesday, June 15, 2011

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  • thirumalkn
    07-23 07:31 PM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

    Thanks for the reply.
    So, does that mean the title can totally change if the job responsibilities are 50% same ?




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  • SNLive999
    06-05 05:35 PM
    Hello,

    I live in Massachusetts, Where should I send my EAD application ( Initial EAD, not renewal). My I-485 is pending with Texas Service Center.

    Should I mail the EAD application to the following address:

    Texas Service Center
    P.O Box 851041
    Mesquite, TX

    Thank you for letting me know.




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  • cool_desi_gc
    08-22 12:48 PM
    Paper filed to TSC and my 485 is pending at NSC
    PD: EB3 Dec 2002

    EAD sent to TSC on July 10th
    RD: Jul 11th
    ND: Jul13th

    EAD expiring on Oct 3rd.So my countdown started.

    This is scary man...




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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?



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  • need_EAD
    05-18 02:56 PM
    Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!

    She was a weekly columnist for Express Computer on immigration topics.

    nnair@nair-law.com
    www.nairlaw.com




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  • anai
    06-04 10:36 AM
    Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.

    As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?

    (Couldn't resist. Just trying to find something humorous in our common misery.)



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  • eb3_nepa
    11-05 11:27 PM
    The following are not counted against H1b caps as far as i know, the list may not be complete:

    existing visa-transfer jobs

    employees of not for profit entities

    University employees

    J-1 doctors starting an underserved area job

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks




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  • gcpool
    03-26 01:14 PM
    How did you come to this conclusion?

    I will go first: 50%

    :p



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  • REEF�
    06-06 06:10 PM
    Oh I see it :). Evil is over it and too much grass covers it up.




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  • greencardvow
    07-18 08:02 PM
    Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site.

    I believe that you do not have to refile just because you lost the hard copy...
    This is not a lottery ticket that if you lose, you are left with nothing..
    There must a procedure to get the same certificate reissued from DOL..
    Please do the research and let is know...



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  • geniousatwork
    09-22 08:56 PM
    Tsc

    which service center tsc or nsc????




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  • widad2020
    07-17 04:58 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    This is what I am seeing in Aug bulletin.Does this mean are July dates current.Pls help



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  • glus
    10-19 08:18 AM
    What do the people in the following circumstance do:

    1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??

    2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?

    Hi:
    According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.

    Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.




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  • jy1021
    02-12 10:35 PM
    I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.

    My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).

    Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.

    Good luck.



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  • pappu
    07-21 10:16 AM
    You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
    Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.




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  • mchundi
    07-28 10:17 AM
    Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).

    h1b-tristate,
    All this was discussed a few times in this thread and other threads as well.
    http://immigrationvoice.org/forum/showthread.php?t=1216
    --MC



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  • axp817
    07-04 09:55 AM
    Why would doing anything legal have implications on becoming a citizen?

    And to answer your question, No, your owning a gun legally, has no implications whatsoever on getting your citizenship.

    There are many legal gun owners who don't even have their green card yet, and no, they are not going to face any problems during 485 approval either.

    Look through some of my old posts, and you'll find a thread with information on legal aliens owning guns in America, although a lot of the information on that thread pertains to non-immigrant aliens. You being a permanent resident, have it much easier. Go through that thread and if you still have questions, ask, and I'm sure you'll get an answer.

    Good luck, be a safe, responsible, and proud gun owner.




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  • willwin
    07-09 08:24 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!




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  • legal_la
    07-12 12:11 PM
    I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.




    reddymjm
    05-21 04:48 PM
    Though NSC says Feb18th for EAD my sister who filed on MAR 2nd got her approval last friday so it is less than 75 days.




    DUNBAR
    09-22 12:48 PM
    My labor was filed in 2008, got the Audit in filed month 2009,responded and got cleared in filed month 2010.



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