Thursday, June 23, 2011

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  • itsmedude
    02-12 06:02 PM
    No matter how bad an employer is, one should inform before quiting...atleast one day in advance!

    Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2

    Don't worry about losses and cases, it will cost him more if he gos to court.


    He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
    If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.

    Please suggest.





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  • lazycis
    12-18 02:21 PM
    Thanks to paragpujara for giving me the offical AC-21 Q/A memo. Thank you.

    Quick question:

    If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?

    Do i have to show to USCIS that I started my new job after 180 days?

    That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.

    https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10

    "Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."





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  • sbabunle
    03-18 11:28 AM
    Lawsuite may not work in all occasions. If visa's are not available how can USCIS approve a petition? The law say a VISA should be available in order to approve a GC.





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  • eager_immi
    06-19 08:49 PM
    Just suck it up and go for it. It seems unfair but that is a fact of life. Think about what is 5K in 5-10 years time, once u get GC you and ur wife can get better paid jobs and make up for it.

    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.



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  • GCInThisLife
    07-19 04:45 PM
    I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.

    In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.

    LoL. You are such an idi***!

    Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.

    Here is another link:
    Immigration Rights and Responsibilities of Scholars in H-1B Status
    http://www.bu.edu/isso/scholars/h1-rights.html

    Search for no later than 30 days after the I-797 start date

    Before you ask: I don't work/study at Boston University.

    ________________________
    Not a legal advice.





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  • kghoshal
    11-16 11:17 PM
    In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.



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  • ddeka
    11-06 12:09 PM
    I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...

    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days





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  • rodnyb
    11-26 03:13 PM
    Labor market has no influence on EB1/2 ROW. Look at DHS historic data (core should look at that as well), EB1+Eb2 ROW is well above 70K every year, even in 2000 recession. My understanding is that they are athletes, managers, PH.D. which rarely change by economic condition. Also past DHS data showed over 10K india EB2 2008. That could be the max we can get per year



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  • sina
    12-20 12:57 PM
    If someone has already spent 6 years on H1B can he/she convert to H4 status?





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  • amoljak
    05-15 07:49 AM
    This is just some cheap theatrics by Durbin Grassley in preparation to attach their anti H1B restrictionist bill to CIR. Read more here: http://immigrationvoice.org/forum/showthread.php?t=3944



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  • smuggymba
    05-11 11:12 AM
    WASHINGTON � Democrats are trying once again to advance legislation that would give some young illegal immigrants a chance to live legally in the U.S.

    Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.

    Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.

    At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.

    The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.

    Read more: Democrats to try again on DREAM Act - FoxNews.com (http://www.foxnews.com/us/2011/05/10/democrats-try-dream-act/#ixzz1M3rtftS0)





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  • baba2s
    11-25 04:07 PM
    Thanks Pappu and IV



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  • ujjwal_p
    06-05 03:38 PM
    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.

    He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.

    I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.





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  • vghc
    07-25 01:34 PM
    Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)

    Couldn't be that bad, he still have time to post something here. :D



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  • apb
    08-29 12:27 AM
    Bumping





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  • whiteStallion
    05-19 01:54 PM
    Voted !

    Please submit ur answer at this thread.

    http://immigrationvoice.org/forum/showthread.php?p=342110#post342110



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  • addsf345
    01-09 02:55 PM
    Also I agree what Logiclife said when it comes to payments..

    I went thru COBRA for the last 2 months I tell you its a PAIN IN THE A##.
    Yeah premiums are very high. due to some gross miscommuniation on the provider they cancelled my COBRA for december since they didnt recieve payment.

    ONce you quit our current job, you will get within 7-10 days details from ur current insurance cpmpany or a third party administrator which ur company uses. They will also send a payment coupon. (not a discount coupon..).

    I hope your new company is paying the COBRA reimbursements for you...if not there is a loop hole in COBRA taht you can use and NOT pay the payments since you will have grace period. HOWEVER please keep in mind that the new insurance with your new company may have some restrictions on pre existing conditions...so keep an eye on that..since its for 30 days you will get on to a new insurance personally I wouldnt care for CBORA if the premiums are too high, why becuase, remember the coverage is RETROACTIVE, so you can get a claim reimbursed later after within the grace period

    references for you

    http://www.tnhis.com/excchangingjobs.htm

    http://stressless.savingadvice.com/2007/09/25/cobra-insurance-loophole_30504/
    (good and clear one above)

    hope this helps and good luck in ur new jobb...remember to hcange the ADDRESS woth you insurance company...

    Thank you, logiclife and everyone for your inputs. This thread contains really useful information for anyone going through either job change or job loss circumstances.





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  • Administrator2
    05-15 01:31 PM
    Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members. We are not trying to filibuster whatever you chose to dicuss. However, we are in crunch time and need all hands on the deck to gather support for the three bills. Please Please call the House members listed in this thread:

    http://immigrationvoice.org/forum/showthread.php?t=19113

    This is the most important thing right now. Kindly help.

    Thank You!





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  • qplearn
    12-20 05:23 PM
    nice post, and I have been thinking of the same; in fact, I have expressed this thought before. Only the very naive will not understand this or think that USCIS is using the numbers in the right way.





    neverbefore
    07-14 03:13 PM
    When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, canceled by previous visas. I never asked them to withdraw my H1 application.

    According to my spouse, there were three treatments at the embassy:

    Passports retained for approvable/approved cases
    Passports returned for rejected cases
    Passports retained (no options provided to applicants) for audit cases


    In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?

    Or were you asked to wait with your passport till they cleared up your case at their end?

    We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.

    Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.

    Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.





    richshi
    12-08 10:58 AM
    Get one thing done is better than spreading limited resources on multiple topics. To increase immigration quotas is not achievable before presidential election is done.

    Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.



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