Sunday, June 19, 2011

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  • smuggymba
    01-17 03:31 PM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.


    Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.




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  • sobers
    04-07 08:33 PM
    Folks, I know you all are probably as deeply disappointed with the stalling of the Senate Immigration Bill as I am. But I guess i'm getting used to it now:mad: - had similar experience after S. 1932 relief was stripped out in December.

    But instead of despairing, i'm now thinking of alternative ways to broaden our message and reach out to key lawmakers.

    As you all may know, House Judiciary Committe Chairman Jim Sensenbrenner is going to be the Key House Negotiator on any Immigration Bill this year ....
    Whether we like it or not, this is the hard truth.

    The good news is that per se Sensenbrenner is not a restricionist. He is also not part of Tancredo Anti-Immigrant Caucus. However Sensenbrenner is against Illegal Immigration and Amnesty.

    The bad news is that because of recent events (including attacks against him by latino/church activists, etc) he has decidedly moved to the right. He has probably hardened against his views to immigration, not just the illegal kind.

    Since he is going to the point man on this issue, no doubts there, we ought to have a campaign to reveal the plight of legal immigrants to him. I'm convinced he's currently beseiged by restrictionist NumbersUSA, FAIR and CIS.org and being fed all his facts on immigration by these folks. We pay taxes, we obey laws, we wait in line patiently, we serve our local community here (for instance I've done many years of community work in the U.S. here and have been recognized for it), we enhance the compeititveness of this country by bringing our much needed skills to work for US business, and we do all this without taking a dime of public benefit. When restrictionists talk of how amnesty will be unfair to people waiting in long lines (that is Us Folks!), have they ever considered what to do to shorten these lines? Illegal immigration is unfair, but the legal immigration system is also broken - and unfair! We folks have the longest waits in the histroy of the US immigration system. If the (legal) system is not working properly, and here it is not, then people will have less incentive to follow it. Why should people follow the rules when it is much easier to get in without following the rules? So to deter illegal immigration ,you also have to show them the LEGAL immigration system works, and give prospective immigrants a good example.

    Anyway, the point of all this rambling is this: I think we should have a campaign to bring some sense to sensenbrenner. I do not think he is a bad person per se. But he needs to be shown the light here- the genuine problems we are facing. We should have a webfax campaign now. Once the conference committee process starts, thousands of faxes start pouring in and staffers just count them and throw them in the bin. No one has time to read them.




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  • amsgc
    04-07 08:49 PM
    The non-profit organizations that meet the following criteria are cap exempt:

    1. A nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)

    2. A nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C)

    Now read page : 54 of the following link for (2):

    http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/pdf/8cfr214.2.pdf

    Please share your understanding.
    I have questions about working for a nonprofit that is not a research organization.




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  • badluck
    06-22 09:36 AM
    TB test should be positive or nigative. does it make any different in immigration



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  • gc_in_30_yrs
    11-21 01:16 PM
    I saw the following status on I-131

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.

    On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    Does it mean that I-131 is approved?

    Yes, I guess.




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  • roseball
    05-01 12:30 PM
    Usually, the I-485 application is considered abandoned and eventually denied if you dont show up for finger printing...

    However, if your I-140 from the previous employer is approved, you can still use that to port your PD to your current petition...You might need a copy of the old I-140 approval to do so....



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  • sdeshpan
    06-24 06:18 PM
    Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.

    Don't get your hopes high.... just get your head down and work for them.
    and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)




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  • TheCanadian
    11-28 05:05 AM
    Haha it was clever though!



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  • sands_14
    04-27 12:18 PM
    PD cud have been applied at time of filing the new I140 but now you need to file new labor and new I140 to get the PD ported.

    Still consulting a lawyer is best.




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  • waitnwatch
    08-30 12:36 AM
    Isnt recording conversations without the consent illegal? :confused:

    I think that applies to telephone conversations only though I may be wrong. Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.



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  • Berkeleybee
    04-06 03:41 PM
    Before you get carried away please note that even in the Specter Bill people filing for status under Title VI have to

    (a) Wait for the PDs that are pending when the Act passes to become current.

    (b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.

    I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.

    So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.

    The parity issue is really that Title VI recognizes that

    (1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.

    (2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.

    best,
    Berkeleybee




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  • snhn
    12-04 10:02 AM
    with this type of money and job, you should have filed for EB2.. why EB3



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  • TheCanadian
    11-25 03:16 AM
    You probably noticed, but that's what he is doing. :dilbert:
    No I sure didn`t :thumb2:




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  • jayram123
    07-15 10:56 AM
    From Houston, TX



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  • kprgroup
    08-03 08:01 AM
    Good Morning Everyone.If any one have any input please let me know.I am totally stressed.

    Thx
    KPR




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  • PHANI_TAVVALA
    12-02 02:26 PM
    FinalGC, Thanks for your reply. I am partially paying for this process. 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. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?



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  • gcpool
    08-23 12:02 PM
    in EB3, EB2 and EB1




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  • logiclife
    12-04 11:59 AM
    I'm with you, why is everyone so afraid?
    God knows there would be enough people for a class action lawsuit against DOL.

    My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
    Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
    And I thought "developed" countries worked differently than "developing" countries.

    If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
    USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time

    For the lawsuit.

    This isnt the first time people have thought that lawsuit against DOL is a good idea.

    That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50

    Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.

    And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.




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  • cbrnet
    06-10 02:10 PM
    Hi,
    I was tested positive with the skin test and by chest x-ray turned out to be negative. Also my family doctor prescribed a medication for 6 months course and I got the letter from the doctor after 6 months confirming the course of medication. The USCIS sent an RFE when they were about to process my I-485 and I sent the letter from the doctor confirming my chest x-ray was negative and the letter supporting the completion of 6 months medication.

    Thanks
    Kumar




    GC092003
    04-13 12:50 PM
    I have same concerned. I have been waiting for too long to get my GC procee done. I can't live with current employer any longer. I am waiting for 1-485 to be filled. My PD is sept 03. Do you guys have any feeling if we can file it before this summer (like July)? Another concern is based on current situation with USCIS, it is about 8 month wait for I-485 to be processed. As you mentioned, it might be longer waiting time for this process since many people who had waited, will be filing. Please give me your feeling of feasibility date. Thanx.




    immigrationvoice1
    02-27 01:08 PM
    Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.



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