ss_79
05-10 04:18 PM
I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.
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sobers
06-29 01:42 PM
Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
chem2
08-17 07:07 AM
The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
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bfadlia
07-31 05:07 PM
I was in Canada in 2001, had the approved I-797 but the consulate in Calgary refused to give me the visa stamp and asked i go back to home country to get it (Egypt)
Even though I had no US education and people who do might have a better chance, but it is still only a chance, totally dependant on the mood of the consulate officer who has every right to refuse issuing visas to third country nationals.. i don't know why anybody would risk it if they don't have to.
Even though I had no US education and people who do might have a better chance, but it is still only a chance, totally dependant on the mood of the consulate officer who has every right to refuse issuing visas to third country nationals.. i don't know why anybody would risk it if they don't have to.
more...
eucalyptus.mp
02-17 08:46 PM
Do I need recent salary slips for transfer ?
nogc12
07-12 02:56 PM
Another law suit
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
more...
kaisersose
07-31 06:00 PM
The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
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when
10-02 02:22 PM
:-|
more...
ivgclive
12-14 01:30 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
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dpuranik
07-25 12:04 PM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.
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sc3
08-14 03:57 PM
What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.
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siva008
02-24 09:08 PM
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
Thank you
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
Thank you
more...
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jsb
07-13 02:02 PM
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
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roseball
10-16 05:05 PM
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
Your new job duties and job code should be the same/similar to the one on your LC. You should pay more attention towards job duties and job code for AC21. Matching job titles are good to have, but not a must for AC21.
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
Your new job duties and job code should be the same/similar to the one on your LC. You should pay more attention towards job duties and job code for AC21. Matching job titles are good to have, but not a must for AC21.
more...
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raydhan
01-31 11:17 AM
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
bkam,
Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".
If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.
Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.
Think for about 5 minutes before you state certain things and type them here.
Good luck.
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
bkam,
Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".
If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.
Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.
Think for about 5 minutes before you state certain things and type them here.
Good luck.
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sidbee
06-10 10:43 AM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
more...
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looivy
02-22 02:37 PM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
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MSCapBust
07-18 03:52 PM
I have a few questions and much thanks for those who answer.
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
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gcwanter
06-27 08:45 AM
So should i write N/A for a pending 140?
vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
Laasya05
01-22 05:10 PM
No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.
so can we file LC perm with an employer while on H4 and move to H1 little bit later?
----------------------------
Contribute $320
signed up for monthly contribution $20
PD:-August 2003 (EB3)
LC approved
I-140 approved
I-485 did not file
Spouse on H4.
so can we file LC perm with an employer while on H4 and move to H1 little bit later?
----------------------------
Contribute $320
signed up for monthly contribution $20
PD:-August 2003 (EB3)
LC approved
I-140 approved
I-485 did not file
Spouse on H4.
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