unchew
06-06 05:20 PM
aaawww... none of mine :( I guess I'll have to support other fellows!
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LONGGCQUE
07-18 01:29 PM
ineedhelp,
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
arihant
12-02 10:54 AM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
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branpaul_guiao
06-09 03:09 AM
I
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
is there a premium processing for waiver application?
I applied for J-1 waiver 3 months ago through No Objection Statement. My home country has already confirmed that they sent the NOS letter to State Dept Waiver Review Division last month, but until now the State Dept hasn't given any update. I checked online and it says documents pending.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
is there a premium processing for waiver application?
I applied for J-1 waiver 3 months ago through No Objection Statement. My home country has already confirmed that they sent the NOS letter to State Dept Waiver Review Division last month, but until now the State Dept hasn't given any update. I checked online and it says documents pending.
more...
raj2007
02-10 11:23 PM
Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ???
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
bergotti
08-23 05:27 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Thanks
more...
vejella
02-09 12:19 PM
Sueing immigration system could be our fall back resort if there are no reasonable bills passed in the coming days.
Its could not get any worse than what it is right now.:)
Its could not get any worse than what it is right now.:)
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ruchigup
08-22 03:52 PM
Were you kidding or serious? You just quoted the very same name that guy is to avoid.
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)
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jonnalagedda
05-06 05:23 PM
What if you directly send a personal check?
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Blog Feeds
04-22 06:20 PM
Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
more...
sameer2730
06-21 09:28 AM
@sameer2730 : So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
Sent the request for correction with my supporting documents.
Sent the request for correction with my supporting documents.
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leo2606
09-24 08:38 PM
Yes, she is the primary applicant. I called the attorney this evening and he suggested H1 tranfer. I have seen people saying USCIS is rejecting H1-B transfers if the applicant already got EAD. I have to see how far that is true.
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
more...
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GCchakravyuh
07-13 11:43 AM
Dressing up professional makes utmost sense. Afterall they are dealing with 'professional legal immigrants' , not the illegal ones.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
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gsc999
04-19 11:30 AM
Atleast, Janak was bold enough to be straight forward.
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pbojja
04-20 02:22 PM
I-94 also does not have the date written
Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .
Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .
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SU1979
10-09 01:02 PM
Please provide additional details regarding U'r labor like EB1/2/3
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
more...
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ARUNRAMANATHAN
06-11 01:54 PM
I am in my 8 yr. Have a H1-B approved Untill 2008 Dec
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
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forever_waiting
01-06 02:21 PM
It has happened several times in the past when a members thought a certain bill had a lot of scope...then started advocating on the forums for IV to take up the cause and start lobbying for it...and if it didnt work out or no one showed interest, IV core team ended up receiving brickbats that they never put in the neccessary efforts. This is just a fact.
The advocacy and lobbying for any bill doesnt follow the "top-down" but the "bottom-up" approach. IV can coordnate lobbying and advocacy at the national level but requires our members across the country to meet with their lawmakers to get specific responses on whether they will support that bill.
IV usually lobbies or works on bills that seem to have some traction in Congress. If members are very sure that there are other bills that should be focussed on - they should gather together the numbers (i.e. members who think this will help), meet with lawmakers in their districts - try to find co-sponsors for the bills. Then, if truly a momentum exists - the IV core team can step in and help with additional lobbying.
I have met 3 congressmen in my area - one is an anti-immig and the other two fully support EB legislation but at this point are judging the climate in the new Congress.
As another member stated IV is "me and you". And the bottomline is asking IV to take up a cause is not the right approach. Advocacy and the momentum has to be started by the members.
The advocacy and lobbying for any bill doesnt follow the "top-down" but the "bottom-up" approach. IV can coordnate lobbying and advocacy at the national level but requires our members across the country to meet with their lawmakers to get specific responses on whether they will support that bill.
IV usually lobbies or works on bills that seem to have some traction in Congress. If members are very sure that there are other bills that should be focussed on - they should gather together the numbers (i.e. members who think this will help), meet with lawmakers in their districts - try to find co-sponsors for the bills. Then, if truly a momentum exists - the IV core team can step in and help with additional lobbying.
I have met 3 congressmen in my area - one is an anti-immig and the other two fully support EB legislation but at this point are judging the climate in the new Congress.
As another member stated IV is "me and you". And the bottomline is asking IV to take up a cause is not the right approach. Advocacy and the momentum has to be started by the members.
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crazyghoda
06-11 10:06 AM
Now that was some freudian slip :D. Thanks for the early morning humor.
USCIS tops any other US pubic office
USCIS tops any other US pubic office
ARUNRAMANATHAN
06-12 07:24 AM
immigration1111
Please confirm this .... couple of things USCIS grants for professional with this situvation
1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )
2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware
3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....
Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee
Hope this helps and Good Luck to him !
Arun
Please confirm this .... couple of things USCIS grants for professional with this situvation
1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )
2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware
3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....
Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee
Hope this helps and Good Luck to him !
Arun
th3thirdman
03-30 07:05 AM
Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.
sorry for the poor grammar its really late here. thanks for your health.
When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.
sorry for the poor grammar its really late here. thanks for your health.
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