Thursday, June 9, 2011

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  • pablo8000
    04-15 01:58 AM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises




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  • pappu
    11-09 02:10 PM
    Pappu,
    Is this survey open to every one beyond donor forum.

    Yes. It is open to everyone and is under 'Action Items for everyone' forum.




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  • GCBy3000
    04-17 10:29 AM
    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.




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  • cahaba
    04-14 12:07 PM
    Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?

    Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.

    Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.

    Good luck - to your friend.


    Hello,
    Thanks for your reply. But I do not appreciate the sarcastic cynicism . The only reason I am fronting for my friend is 1. he does not have time now and 2. because of the apprehension that participating in forums like this may put him in more hot soup. I hope you understand.
    Also, I am at loss to understand how can people jump to imaginary conclusions without any supporting basis.
    Please let us not create any distractions for a really serious problem we have on hand. I am not going to engage in war of words, even if you have a retort for me.
    --



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  • Prashant
    05-28 06:26 PM
    Hello,
    I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment




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  • gondalguru
    07-08 07:53 PM
    As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???



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  • raysaikat
    01-29 12:22 PM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?


    She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.


    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P




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  • belmontboy
    01-09 04:08 PM
    Its like going to tirupati and asking people if they have seen any mottai's [mottai - tamil, meaning shaved head].
    :D

    On another note, practically everybody over here has seen/heard somebody losing their jobs...



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  • krustycat
    03-06 12:03 PM
    No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx

    This one seems different like : PIT-xxxxxxxxxxTSC

    It doesn't seems to work anywhere.

    It's a typical service request. They filed your claim.

    PIT = city in where you live (Pittsburgh maybe?)
    xxxxxxxxxx = 10 numbers for your reference
    TSC = Center processing your application or where you sent the original I-765.

    The claim gives they 60 days to get back to you with a reply. Usually is useless, they're only taking extra time to have you calmed.

    I've had my applications lost for 7 months. I filed a SR also. Nothing happened.
    I still have 4 applications lost from 12.




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  • shreekarthik
    06-10 05:56 PM
    Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?

    They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.



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  • FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)




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  • sku
    01-16 03:29 PM
    The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:


    Termination and Layoff Tips
    Ensuring that decisions are properly documented and supported
    Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
    Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status

    Avoiding Legal Landmines When Reducing Pay or Hours
    Avoiding potential discrimination and overtime claims
    Preventing wage violations for nonimmigrant employees and employees sponsored for green cards

    Managing Office Closures: Forced Vacation or Time Off Without Pay
    Avoiding wage and hour violations

    Strategies for Reducing Immigration Costs
    Establishing policies for employee payment of certain immigration costs
    Drafting enforceable repayment agreements



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  • gc_on_demand
    10-14 05:56 PM
    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.

    Teddy

    Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing




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  • amitjoey
    12-04 01:21 PM
    I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
    As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
    My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.


    lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr



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  • hpandey
    06-02 03:18 PM
    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?


    You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.




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  • yabadaba
    06-01 01:54 PM
    i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?

    i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?

    "Board Members
    Kim Berry (Sacramento, CA)
    Valerie Chau (San Diego, CA)
    John Miano (New Jersey)
    Mark Powell (Westminster, CA)
    (three openings)
    Officers
    President: Mr. Kim Berry (Sacramento, CA)
    Secretary: (open)
    Treasurer: John Miano (New Jersey)
    Membership Chairman: Valerie Chau (San Diego, CA)
    V.P. Governmental Relations: Mark Powell (Westminster, CA)
    Newsletter Editor: Open
    Newsletter Coeditor: Open
    V.P. Public Relations: Open
    V.P. Advertising: Open
    Press Releases: Open
    Assistant webmaster: Open
    (If you would like to contribute to our cause in another way, please contact us.)

    The Programmers Guild is incorporated "



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  • simple1
    02-15 11:37 AM
    I have the same query:

    Permit: using EAD and calling AC21
    Role: exactly the same.
    Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.

    Experts please advice.




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  • pani_6
    08-23 10:49 AM
    People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..




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  • sakuhito
    07-24 02:33 AM
    I think if you tell us what field you are in, perhaps someone can refer you to a company and tell you what company you might be able to work for which is non-profit.




    LONGGCQUE
    01-04 07:26 PM
    I also left a top 10 Indian company while on a US deputation and they are holding my PF, gratuity etc. They have been asking me to pay approx 12-15K USD to settle things.

    I have no clue how to recover my PF money which would be atleast 6-7K USD based on my 63 months of employment with them.

    Gurus, can someone shed some light on this. Has anyone resigned from so called top 10 indian companies which make you sign those bonds, and then ask you to come back to India and serve 3-6 months. How to recover PF etc from those indian companies if you do not sign off on good terms. For me, they say settle the a/c first and we will process your PF.

    shed some light please




    Sachin_Stock
    02-03 04:51 PM
    anyone know if,

    Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )

    + 5 years Experience

    qualify for EB2 ?

    thanks,

    Your Masters should suffice for the educational requirements. 3-year Bachelors is irrelevent in this context. However your job position must nessiccitate the Master's qualification.



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