Monday, June 13, 2011

de amor y amistad

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  • willigetagc
    09-02 11:50 AM
    Edit. Latest ..on my case.(with a little history) and this is hilarious.

    8/21/2008 : Talk with the California Service Center (hopefully)
    Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
    Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.


    8/22/2008: Talk with Customer Service
    Customer Service: Your case is still in California.

    9/2/2008 : Info pass appointment. Talk with IO
    IO: Your case is still in TSC but will be transferred to CSC soon.

    I cannot believe such an organization exists in the world.
    ************************************************** *********************************



    LOL!!!! I wonder if they want "chai - paan" like their brethren back home. :D




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  • yalavarthi_sree
    08-18 03:26 PM
    In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
    valid till Sep 2011.
    But she was not able to start working/ find a job due to family reasons and economy conditions.

    1. Whether she Out of status since she did not work on her H1?
    2. If she starts working now for the employer can she get back the status?
    3. What are the ways for her get back to H4 if she not going work?
    4. How we can correct her status?




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  • atlfp
    04-17 09:50 AM
    I think you are confusing it with administrative laws. Legislator makes laws, but they also give power to different government agencies to make laws within their administrative authority. Laws made by legislator go into effect as soon as the president signs it; Laws made by administrative agencies need to go into the whole federal register and other procedures.

    I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though

    Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.

    I really wish that you are right about the first point and I am right about the second ;-)




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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.



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  • kondur_007
    09-22 09:48 AM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?

    Your question is very short, but this is what I understand you are asking:
    If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.

    As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:

    1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.

    2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).

    Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.

    Good Luck.




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  • deejk
    03-10 11:11 AM
    They started it from March 4, 2011. I have asked the USCIS representative when i called today about when they are starting the Secure Mail Initiative to track Green Card/EAD. The procedure is still the same, if its lost in mail, you will have to file I-90. But atleast you will know if it has been mailed, to which city, state, zipcode it has been mailed to.



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  • nk2006
    12-07 02:40 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)




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  • kapil_jn
    09-07 11:26 AM
    Have sent the details.

    And forwarded the mail to FL yahoo group as well.



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  • md_alien
    06-22 11:55 AM
    Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"

    As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.

    Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.

    In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:




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  • snaidu
    06-28 03:46 PM
    I checked Rajiv Khanna's site , there is no memo to that effect.
    Also , I am a client of their law firm and they didnt send/email any memo to this effect.

    Could you please post the link?

    Thanks

    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp



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  • arjun007
    02-07 10:16 PM
    PIMPS sounds wrong..thx for the correction..

    I94 discrepancy

    The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"




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  • ashkam
    02-27 09:48 AM
    You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
    thanks

    LIN = nebraska service center, SRC = Texas service center



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  • WeShallOvercome
    11-07 12:10 PM
    If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.

    Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule


    sury,

    What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"

    If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
    If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.

    If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..

    This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.




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  • permfiling
    01-18 01:35 PM
    Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements



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  • fromnaija
    07-20 04:34 PM
    You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......

    Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.

    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)




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  • pappu
    01-21 11:54 PM
    i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
    Thanks. Any little help from any member is useful in this effort. Imagine the sumtotal of all efforts if every member helps us in some way or another!



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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!




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  • sobers
    03-01 06:19 PM
    Look at what NumbersUSA has got to say about the effectiveness of its mass faxing/emailing strategy...

    -------------------------


    From: Roy Beck, President, NumbersUSA
    Date: Wednesday 1MAR06 5:30 p.m. EST


    Day 3-----Media confirm your calls/faxes making a difference in fighting Specter's amnesty


    YOUR CONTINUED PHONE CALLS AND FAXES ARE BRINGING PAIN TO SENATORS WHO WANTED TO PASS AN AMNESTY

    NEWS ITEM
    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."

    The power of what you are doing has been confirmed in a big story in The Hill newspaper. This daily publication is the community newspaper for the tens of thousands of people who work in congressional offices on Capitol Hill.

    It claims that the power of your phoning and faxing may be countering the power of the Chamber of Commerce, religious lobbies, ethnic lobbies, ACLU and cheap-labor corporations combined.

    With the Senate Judiciary Committee prepared to start tomorrow (Thursday) voting on amendments to the giant amnesty bill of its chairman, Sen. Specter, the newspaper stated that the open borders positions are supported by one of the largest and most powerful blocs of groups ever assembled.

    But the newspaper reported that you all may be more influential:

    "A handful of single-issue groups opposing
    the guest-worker program have effectively
    put the other side on the defensive since
    President Bush first announced his intentions
    to push comprehensive immigration reform, as
    evidenced by the administration's backtracking
    since Bush first proposed such a program in
    January 2004.

    "One of those groups, Numbers USA, has 135,000
    registered activists throughout the country and
    an e-mail list in excess of 1 million subscribers,
    all of whom have signed up voluntarily, said
    Caroline Espinosa, a spokeswoman for the group.
    A link on the Numbers USA website also allows browsers
    to fax a personal note to members of Congress in
    support of increased enforcement of illegal immigration."

    None of this changes the fact that most Senators want to have 2 million to 3 million foreign workers and their families being added to our laborforce and communities each year.

    But we are getting reports from the Hill and from many of you that many of them are starting to show some signs of concern about how their open-borders voting may affect their standing back home.

    We don't like being called "anti-immigration," but we like what the reporter said he found in talking to people in the Senate:

    "The anti-immigration crowd has political momentum
    at this stage in the fight, with congressional
    Republicans wary to cast any vote that could turn
    off their conservative base during this critical
    election year, but members will also have a hard
    time ignoring such a broad cross-section of business,
    labor and social groups with their own self-interested
    constituents."

    Now, if we could just get more Democratic Senators to start worrying about their base.

    Well, we got a little sign of hope on that front today. The AFL-CIO -- which is selling out its tradition and its American members by pushing an amnesty -- has come out against Specter's and McCain's amnesty bills because they have gigantic foreign guestworker programs. That gives hope that some Democratic Senators would vote against these bills. And it is doubtful that the Republican open-border Senators would vote for an amnesty that didn't include the guestworker provisions so sought by the Chamber of Commerce.

    PLEASE CHECK YOUR ACTION BUFFET AND KEEP MAKING YOUR PHONE CALLS AND SENDING YOUR FAXES

    What you have been doing is working. You have kept phones and fax machines ringing since first-thing Monday morning through this minute. Do not let up.

    Click here for actions to take.
    www.NumbersUSA.com/actionbuffet

    WATCH FOR BY-THE-MINUTE ALERTS ON THURSDAY AS WE ASK YOU TO REACT TO SENATORS IMMEDIATELY AFTER THEY TAKE BAD ACTIONS IN COMMITTEE

    Our seven-person Capitol Hill Team of professionals will be in the Committee Room and other key Capitol Hill locations all day assisting our six-person Website Team to provide you with updates and help in where your activism can do the most good.

    The reason you NumbersUSA activists are seen as the primary constituency pressure force on the Hill in pushing sensible immigration policies is because of the work that I know most of you will do tomorrow.
    GET ALL THE INFORMATION YOU NEED ABOUT THE SPECTER BILL AND THE ACTION IN THE SENATE

    Just go to our Hot Topics page, which has links for detailed analysis of the bill.

    http://numbersusa.com/hottopic/specterproposal.html

    Thanks for all you can do. And thanks for all the reports that you have been sending back to us on what you hear when you call. Our Capitol Team makes good use of your reports.

    DON'T LET UP,

    -- ROY

    If you have time, you might enjoy reading some more of The Hill article:

    "Numbers USA also does objective and subjective
    summaries of each bill introduced on the issue
    and notifies subscribers in advance of any
    important actions on Capitol Hill, such as this
    week's markup. As such, the group was expected to
    send an alert asking those supporters living in
    states represented by members of the Senate
    Judiciary Committee to call or fax their members
    in anticipation of that markup.

    "Battling with groups like Numbers USA is an
    uncommon experience for many members of the business
    community because they do not regularly work on
    such socially sensitive topics.

    "We don't usually end up on the other side of single-issue groups," Gay said. "That's unusual for us."

    * * * * *

    "The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.

    "But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.

    "With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.

    "A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.).

    "he fact that the Chamber of Commerce needs comprehensive immigration reform is very good," said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.

    "Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.

    "It's nice actually to get to work with these guys," said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.

    "Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.

    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."


    This may be a good time for you to make sure that you've let us know all of the areas you are interested in. In order to further customize the type of alerts you receive click here http://www.numbersusa.com/survey?action=longlist

    As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user

    NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.




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  • mg_chase
    12-24 10:13 AM
    Guys. Assuming the same set of conditions as being discussed in this thread (Intent to change employers, I-140 already approved etc..)... Would I be able to retain my PD even if I change my field when I move to a new employer (shift from IT to Marketing after getting my MBA).

    Any help would be highly appreciated. Thanks.




    gcformeornot
    05-15 08:36 AM
    who think if they close their eyes, their problems will go away....:D




    ineedhelp
    07-18 12:07 PM
    Hi Ram,

    Thanks for your reply. But i heard like the policies which are signed india are valid in USA becoz of the mutual countries agreement. I did actually visit an attorney and got to know from her that it is probably something that wipro might not take (action against me) but she did paused and told me that USA will of course will honor any policies that were signed in India because of bilateral agreement.

    Regards,
    ineedhelp



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