Saturday, June 18, 2011

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  • royus77
    06-19 02:57 PM
    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.


    Same with me My current attorney increased the fee overnight and luckily my employer is ready to work with others. find another one today and sent all the documents ( my 140 was already approved and available with me ) ..Dont want to take any risk with the 485 filing .....so hired another attorney





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  • HOPE_GC_SOON
    06-27 08:35 AM
    Hi Rajakannan:

    You fall under either of the following two.

    Positive thinking: You are a Gandhi

    Realistic Thinking: You are smart .

    Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.

    Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..

    I donot even understand, how you can think like this...

    Please donot open thiskind of discussion, people have better things to do in life than reading this..

    Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...

    BTW: can you post your PD details...

    best wishes.



    Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)





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  • blacktongue
    05-12 08:53 AM
    This is all politics & I will never support it.

    Your support it your I will never support it no meaning. Cannot vote.





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  • pani_6
    01-06 04:17 AM
    http://dallas.eknazar.com/Classifieds/product_desc.php?id=254085
    ;)



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  • bujjigadu123
    02-22 03:49 PM
    if your case is straight forward...... you have nothing to worry about........

    Hi
    Could you please tell me what I should be ready with to confirm my case is straight forward.

    I am ready with LCA, H1 visa stamped passort ( for me and for my family), Pay stubs, client appreciation letters, h1 approval notice, past experience letters, offer letter.
    Please let me know what else I should be ready with?





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  • DoggyStyle
    07-21 10:31 PM
    I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
    don't exist any more.:D



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  • mallu
    11-30 12:21 AM
    People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?.





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  • bluekayal
    02-16 11:06 AM
    Nandakumar,

    The conference call is today. Please send me a PM. There is lots of exciting work ahead, and we need more hands!

    Bluekayal



    I live in south bay and would definitely like to join.



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  • desi485
    01-04 03:23 PM
    Thats a very good suggestion. He should lobby to create a new categoy of Green Card for "MBBS".
    MBBS : Mia (Husband), Biwi 1 (Wife 1), Biwi 2 (Wife 2) and Sons.
    :D:D:D:D:D

    What if he has daughter(s)?

    Dr.MBBS

    Dr = daughter(s) :D





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  • mbartosik
    02-12 05:12 PM
    Many states are "employment at will" states. This includes NY. You can say good bye that day and not turn up again (works both ways). Did you have leave owing and thus were simply using up paid leave before leaving him. If you did not sign a no-compete he doesn't have a leg to stand on, and even if you did no-compete contracts are often unenforceable because they go too far.

    If you left without telling him and continued to draw salary that could be a problem.

    If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.

    IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!

    Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.

    Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.

    Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".



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  • shouldIwait
    05-30 12:37 PM
    done...





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  • ck_b2001
    01-26 09:32 PM
    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."



    In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.

    It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.



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  • mdmd10
    10-10 09:31 AM
    After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.

    All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...

    I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities

    Perhaps it is wise only to dream....





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  • sk2006
    03-27 12:37 AM
    In California they ask no questions.
    I went for renewal with all papers including passport.
    They did not even ask for any status or anything. Issued the DL for five years.



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  • satishku_2000
    05-17 01:32 AM
    Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.

    Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?


    Thats the point I was trying to make , no one is begging american corporate honchos to outsource to India or some other company in USA . These companies outsource because it furthers their bottom line and enables them to do what they are good at may be it is home loans , making cars or selling clothes. In the process of outsourcing they can hire best talent with in their means to complete the job in a limited amout of time.

    Some people feel that consultants are cheap but they are much more expensive to corporations than their employees.





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  • rameshk75
    02-13 12:11 PM
    Here is my scenario:

    My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.

    Thanks



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  • tabletpc
    01-05 11:20 PM
    This thread is giving good tips for members who are single...!!!!:)
    Reminds me of quote..
    "In life learn from others mistakes....U don't get time to make those mistakes.."





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  • glus
    08-15 07:28 AM
    People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?

    You can't. No lawyer will do so as this is fraud. If uscis is able to track it down, ie: they kept the envelope, then such a person is in trouble.





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  • Carlau
    06-19 04:16 PM
    sats123, I could help you on that (to guess the job description they used to file) - just try to find your position in here: http://www.flcdatacenter.com/OesWizardStart.aspx





    willwin
    06-01 12:40 PM
    done.





    qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.



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