Tuesday, June 14, 2011

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  • das0
    03-09 12:59 PM
    Hi,

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.




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  • H1B-GC
    04-17 12:35 PM
    however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:

    LOL.... Nice catch.;) . read it as fianc� the first time.




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  • pappu
    01-05 11:24 AM
    any predictions for Feb 2009 :D:D

    Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs




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  • maximus777
    04-29 08:22 PM
    Health care in India rocks! :cool:
    Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D



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  • gc_chahiye
    11-11 12:51 PM
    Please check this post by murthy on Non 09, 2007

    http://www.murthy.com/news/n_nupush.html

    On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.

    Any IV updates on this ?

    Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?

    slightly offtopic:
    Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
    This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
    http://immigrationvoice.org/forum/showthread.php?t=14821

    visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)




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  • ras
    06-04 02:34 PM
    This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.

    Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.

    I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.



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  • vxg
    09-18 04:09 PM
    vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?

    wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.

    What is stated came from my lawyer and a friend of mine ran into trouble in India where immigration folks gave him hard time and did not believe the stamp when he was returning. At US entry point you will be OK with stamp however you need approval notice as local office will not stamp passport without you having the notice.




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  • shaikhshehzadali
    07-11 02:03 PM
    May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.

    Just Kidding :) But interesting though.:cool:

    If u see the tracking...the package has been redirected..I am sure..it's not the Gonzales who u think he/she is.



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  • sandeepk_c
    06-12 12:13 PM
    thanks.




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  • peacocklover
    11-11 12:48 PM
    This stinky ba%^#@rd speaks loud and confuses people a lot with out giving the clear picture of broken legal immigration and with out mentioning the pain of long waiting legal immigrants (Current system neglects and keeps honestly taxpaying and law abiding legal immigration based applicants , this jerk never mention the facts of the broken system, it's taking 15 yrs to get a green card for legal immigrant to become permanent resident which is unfair and keeps that individual and applicant family in the state of limbo). He always mixes legals with illegals (undocumented) and confuses all with his border protection preachings and with out respecting the country's backbone of business immigration.

    He should be sent to jail and needs to be punished seriously.

    Report: Lou Dobbs employed illegal immigrants

    Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.

    But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.

    The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."

    The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)

    Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.

    Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)

    Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.

    Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.

    Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements

    Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)



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  • Hassan11
    04-09 10:40 AM
    Here is my situation:

    I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??

    Please advise. Thank you in advance.




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  • go_guy123
    11-03 06:05 AM
    According to OH Law's website:

    11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!

    One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.

    The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.



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  • garybanz
    12-18 12:34 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...

    In the long run EB2 will be better than EB3




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  • javadeveloper
    08-10 03:10 PM
    Hi All,
    I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.

    Please advise.

    As per my knowledge 2 things considered for 140

    1.Company's ability to pay
    2.Whether the candiate is really qualified enough (like Education and Experiance) for the position they mentioned in labor - a)If labor petition asks for bachelors , the candidate should have bechelors or higher education b) if the labor petition asks for 1 year experiance , the candidate should have 1 year experiance (this exp excludes the exp from sponsoring company I guess)prior to the PD.

    Someone please correct me if i am wrong.



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  • summitpointe
    09-21 06:37 AM
    Better go to Delhi. You should not have any problems as you're a returning worker.




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  • OLDMONK
    11-28 11:55 AM
    I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.



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  • hiralal
    10-08 04:40 PM
    Visa Bulletin for November 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5172.html)




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  • gauravster
    02-08 06:09 PM
    Hi,

    I am in a similar position, but slight variations.

    H1B from Jul 2003. Already on 7th year extension which expires in Oct 2010. My Priority date is Jun 2007 and I-140 is already approved but, I could not apply for I-485 in Jul 2007 window.

    I have the following questions.
    1. Can I change a job ? If so, for how long will the H1-B be valid.
    2. If the H1-B is valid, can the USCIS reject the application if the my current employer decides to revoke the I-140.
    3. If I-140 is revoked, is there is possibility to port the priority date or will it be an entirely new priority date based on new application.

    I have been getting conflicting opinions from different people. A particular immigration lawyer I consulted adviced me against a job change, though I might get a new 3 year H1B, he feared CIS might revoke it if I-140 is revoked (it is quiet clear my employer will revoke the I-140). Is there any guidance/cases regarding the same from CIS ?

    Thanks very much for your advice.
    Much appreciated.




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  • santb1975
    11-21 02:30 PM
    With an EAD in hand and with the Market there could be a bigger and better opportunity. Keep up the high spirits

    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.




    sintax321
    04-29 04:31 AM
    cybergold




    sriniks
    12-07 06:01 PM
    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

    Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

    I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.

    thanks!
    srini



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