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  • quizzer
    10-16 09:10 PM
    Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?




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  • lazycis
    09-27 02:28 PM
    Are you 100% sure about this.

    I am




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  • TexasGC
    07-21 03:21 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.




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  • abhijitp
    02-14 07:02 PM
    A friendly bump from NORCAL;)



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  • watzgc
    09-18 04:45 PM
    Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

    NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.




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  • abhijitp
    01-25 05:07 PM
    Dreamworld,

    Please submit your vote here:
    http://immigrationvoice.org/forum/showthread.php?t=16806



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  • ashkam
    12-08 02:35 PM
    Her H4 is not valid. She did travel to India without an approved AP.

    Can we cancel her GC application and bring her back on H4?

    Any other options?

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.




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  • snathan
    03-30 05:08 PM
    Thanks guys for your support. Its not that I didn't want to contribute and I will definetely do it once I get my H1 visa stamped.

    Status Update -
    Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.

    My company has already prepared a letter to show work schedule if I get out of work with current client.
    So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?

    What do you guys think?

    How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.


    This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.



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  • Juan28210
    11-03 05:16 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?




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  • austindesi
    07-15 11:19 AM
    I am in Austin, Texas.
    Will be there for rally in Houston. I am surprised to see very few replies for Texas chapter. There is only 1 reply from Austin and as we know, Austin has significant desi hi-tech crowd. Let's try to do something in Texas. How about organizing rally at State Capitol Building in Austin?



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  • permfiling
    12-10 01:03 AM
    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.




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  • go_gc_way
    08-15 07:49 PM
    If you are sick of the GC retrogression and Canada is not your cup of tea, UK is another option for you. You can calculate your points online to see if you are qualified for the UK Highly Skilled Migrant Programme (HSMP). It is always good to more than one option.

    http://www.workpermit.com/uk/hsmp_calculator.htm

    :cool:

    Thanks for posting this information, I was looking for it.



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  • slc_ut
    05-28 05:31 PM
    I am planning to take visa appointment in Chennai consulate for my 8th year H-1B extension and my wife's H-4. When i checked the vfs website yesterday, dates were open for last week of Sep'2006. Today it is already showing only dates in Nov'2006 as open dates. Howcome Oct'2006 dates never showed up. Were the appointments finished that fast for Oct'2006 ? Any other members who observed this, please post your thoughts.




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  • life99f
    05-14 07:02 PM
    Thank you!



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  • rangakutta
    02-10 12:16 PM
    SO who will decide wether its EB2 or EB3 ,. wether my consulatnt company when he is gonna put an add in the job site or the USCIS ???

    Thanks for all yur advise. Ia m very new in this




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  • dingudi
    06-08 07:59 PM
    I don't live in the tri-state...

    I have my W-2's from 99 and 00 so no need to call the University.

    What I dont have is the actual return (1040nr) which I "mailed" at that time.

    Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

    You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.

    So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.



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  • samsu
    03-22 08:31 AM
    Hi,

    My Situation is very similar to above mentioned and I would appreciate if someone can give comments.

    My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
    Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.

    I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.

    Also, my old employer will most likely not revoke 140.

    Thanks,
    Sam




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  • yabadaba
    06-22 10:05 AM
    To Hemasar

    No- You better get you act straight.

    Your post heading said "TB skin test is not mandatry"

    So that implies it is not required. also the correct spelling is mandatory.

    The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.

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

    Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.




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  • Norristown
    04-13 02:12 PM
    I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
    Every time you go for H1 revalidation, you will be asked were you out of status any time.
    Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.




    sanjay
    01-12 11:00 AM
    Suvendra, sent you a private message. Kindly check.




    priderock
    03-27 09:55 AM
    It is truly amazing how people give advise on legally sensitive issues without verifying the facts. People go to the lengths of suggesting work off the books in an open forum (Admin was right to cut him/her off right away).

    It is always good idea to consult a lawyer on these matters. You may be breaking the law unwittingly.

    AFAIK (I am not a lawyer, consult a lawyer) , you can't work even for free if that job is NOT usually done for free. For example you can't work as a developer for a software development company for free.You may call it volunteer work but it has to be truly volunteer work, meaning others also do this work as volunteers.



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