Jumat, 10 Juni 2011

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  • kishdam
    03-19 12:16 PM
    I-140 withdrawal is not mandatory but it's good for both - employer and employee.

    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.





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  • walking_dude
    01-31 09:39 AM
    A friendly reminder to all MI members. Write personalized E-mails to your newspapers. This may be our chance to make the lawmakers and the media aware of our issues.

    Please participate in a campaign which is very important to all of us.





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  • agupta_13
    04-22 07:32 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that





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  • delax
    07-16 08:20 PM
    Check this post from logiclife
    http://immigrationvoice.org/forum/showthread.php?p=117422#post117422

    Originally Posted by logiclife
    IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.

    AILA has reported that decision has not yet been reached and wont be reached without lawsuit.

    That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.

    AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?


    Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.



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  • schandwani
    08-15 08:32 AM
    oye chappan... ever been to indore?
    there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)

    ya specially rambabu ke paranthe , and johnny ka hotdog ..,..





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  • meridiani.planum
    04-21 05:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
    If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.

    advantages of H1
    - can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
    - can change employers in the US.

    advantages of L1
    - if your spouse is on L2, he/she can get an EAD and work.

    so main issues with your current status of L1:
    - If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
    - if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
    - there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.

    So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)



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  • ArunAntonio
    05-14 07:14 PM
    'Cautious Optimism' are the key words folks ;)
    -- as some else put it in another post .. this has not cured us of the retrogression ailment, this is just a pain killer.
    We should move ahead as planned. My support for IV core as usual.





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  • peeku
    06-20 12:45 PM
    EVERYONE , Please take a step BACK



    Look and see what lawyers are seeing.
    http://immigrationvoice.blogspot.com/


    YesGC NoGC you should consult lawyer like the one mentioned in link or Sheela murthy or any good one.
    above conference call shows transition to "Project Manager " is one of the most natural ones...

    so gather the facts and decide for yourself.

    ofcourse i am not debating pros/cons of doing so but defering the judgement to immigration lawyer such as prashanthi ...



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  • vallabhu
    11-13 04:35 PM
    I am done with Finger Prints on sep25th which i received on sep6th.





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  • anurakt
    01-08 09:23 AM
    Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?


    Look at this thread

    http://immigrationvoice.org/forum/showthread.php?t=2636&highlight=Atlanta



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  • immigrationvoice1
    04-04 02:28 PM
    I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.

    Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.

    BTW, what does OP stand for?





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  • BECsufferer
    12-07 11:02 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.



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  • sam2006
    01-21 04:59 PM
    I have contacted TAMU ( texas A M)
    USC ( univ of south cali )
    Penn State

    through some of my friends

    keep posted





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  • Appu
    04-17 06:13 PM
    This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.

    Dear [Appu],

    As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.

    On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"

    Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:

    http://www.tedkennedy.com/fightforfairness

    The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.

    Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.

    Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?

    Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:

    http://www.tedkennedy.com/fightforfairness

    This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.

    We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:

    http://www.tedkennedy.com/fightforfairness

    Yours for a stronger and fairer America,

    Marty Walsh
    Campaign Manager
    Kennedy for Senate

    P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:

    http://www.tedkennedy.com/Apr10RallySpeech



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  • nixstor
    12-01 04:09 PM
    Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.





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  • justAnotherFile
    07-11 10:16 PM
    what makes sense?

    it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.



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  • anurakt
    01-20 09:29 AM
    Please join the orkut immigrationvoice group. This would be another way of reaching each other when time comes.

    Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.





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  • ita
    01-23 01:26 PM
    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.





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  • fasterthanlight�
    06-06 03:50 PM
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    alahiri
    06-19 11:33 PM
    In murthy.com website there is the following write up to explain how priority dates are significant after i485 has been filed:

    From: http://www.murthy.com/news/UDpdhdtw.html

    "If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""

    However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?

    https://egov.uscis.gov/cris/jsps/ptimes.jsp


    Can anyone please clarify wether priority dates really matter after i485 filing?
    As I can see that in NSC i485 of Sept 2006 are being processed.





    vbkris77
    04-22 11:20 PM
    First of all, this is a wrong forum to went our your points about illegals.. We in IV encourage a legal immigration. But the moment we start excluding people, the list can go on and on.. You start with so called illegasl today (with due sympathy for using that word..), but this exclusion will go on to legals, new doctors, engineers willing to come, settle and work in USA. Remember this is a land of immigrants. If you have any doubt, just look at the new bills introduced by senators to effectively kill H1B program the only legal option for most educated to come to US.

    Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??

    Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..



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