AfghanPremi
12-08 12:24 AM
Yes!
You will be fine, i am on H1 and doing my MS part time!!
You will be fine, i am on H1 and doing my MS part time!!
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onemorecame
06-25 04:18 PM
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
whitecollarslave
08-04 04:02 PM
I have a copy of the I-140 Approval Notice. It does not have A# nor any field for A#. What am I missing? Guys, please clarify.
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eb3retro
06-06 07:37 PM
Or you are going to be more scared and let these suckers suck you out more? The reason I am skeptical is, time to time we IVians receive these kind of posts all of a sudden and they vanish all of a sudden too. People like american desi give you all a fantastic response and my frustration is not knowing if you guys follow it. This is america for godsake and there are laws protecting the employee from these so called bodyshoppers who almost dont exist anymore. Partly the reason is because these suckers played so much of illegal things in the past, such as writing ridiculous contracts and preying on people like you. I even wonder how come people sign these contracts even in these days. Please take up american desi's advice and stand up for yourself and show your vendor that you are not scared of these things. and last but not the least, for your sake and for other people who may fall for this trap to this vendor, please do report them to department of labor.
Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
more...
jungalee43
02-16 03:11 PM
I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
seahawks
01-31 11:48 PM
Stay focussed, support IV goals, help raise funds, volunteer, spread the word on retrogression and believe in you and for the same cause! Remember, immigration law is complicated, no matter who provides information or posts reply, always consult a qualified attorney for your own case.
more...
youngindia
06-08 01:27 AM
Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
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bigsky
10-18 11:06 AM
Thanks a lot for your advice Pappu and I don't think it has anything to do with my employer, there were four other Labor Certification�s applied during the same time period and three of them already certified and mine was the only one which got screwed. I will consult with the lawyer about my situation.
Thanks for your input nycgal369.
Thanks for your input nycgal369.
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sathish_gopalan
07-05 04:21 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
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srh1
10-28 07:03 PM
can any one reply to this thread please
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Scythe
11-25 07:08 PM
All the buttons should be put into one jpeg, so we can see them all side by side. 2 rows with 5 buttons each.
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wandmaker
02-18 03:25 PM
I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.
Appreciate your help in this regard.
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
Appreciate your help in this regard.
Are guys nut? Don't you want to watch your child grow?! :confused:
Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D
If I were you, I would not allow your wife to give birth in India and miss watching the child grow.
more...
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aadimanav
05-05 09:47 AM
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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winguru
09-16 10:51 PM
Done
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Ramba
04-13 06:13 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
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mhtanim
02-02 02:59 AM
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.
more...
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gsc999
04-19 11:30 AM
Atleast, Janak was bold enough to be straight forward.
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katewill
08-24 02:28 PM
i got it. thanks Xu1
according to your info, can i assume:
out of 360K,
270k belongs to EB3
135k still in DBEC (lets say 100K for 2001-02 cases)
135k still in PBEC (lets say 35K pending 2001-02)
so still 135k pending for EB3 for 2001-02.
so what is ratio of big 4 vs. the rest in EB3? any guess?
no one knows monthly BEC approval rate either right?
i am trying to guess how further will it retrogress...(well no one knows but...)
according to your info, can i assume:
out of 360K,
270k belongs to EB3
135k still in DBEC (lets say 100K for 2001-02 cases)
135k still in PBEC (lets say 35K pending 2001-02)
so still 135k pending for EB3 for 2001-02.
so what is ratio of big 4 vs. the rest in EB3? any guess?
no one knows monthly BEC approval rate either right?
i am trying to guess how further will it retrogress...(well no one knows but...)
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GCNirvana007
04-08 05:23 PM
This is unreal !!.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.
Reddog, GCPool - hats off to you guys staying sane over here.
Good luck everybody.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.
Reddog, GCPool - hats off to you guys staying sane over here.
Good luck everybody.
yabadaba
12-05 08:24 AM
the main thing goes back to what sort of a person becomes a lawyer...mostly those are people with stupid liberal arts degrees in history or sociology. then they decide to do law. if they get into a top tier school a majority of them will practice corporate or tax law....the ones that practice immigration law are from the worst tier of universities or the ones that were in the bottom end of the class. some of the lawyers practicing immigration law went to night school for their JD. they are more incompetent than any of us be it bachelors or masters degree from anywhere.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
nixstor
11-04 02:27 PM
Here's my exact situation:
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
It depends on how big the company is. Companies like Bearingpoint, Accenture will take them seriously some times. If this is just yet another staffing firm, they are not going to waste their money for a lawyer and time on you. As others said, these contract papers have no value. (unless they spent like 10K on training you outside of the company).
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
It depends on how big the company is. Companies like Bearingpoint, Accenture will take them seriously some times. If this is just yet another staffing firm, they are not going to waste their money for a lawyer and time on you. As others said, these contract papers have no value. (unless they spent like 10K on training you outside of the company).
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