Sunday 26 June 2011

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  • ivslave
    09-11 10:28 PM
    I am on H1-B, Can I buy 2 underwears? It will cost me 3 dollars in WalMart. Please vote...it is really critical!

    you will consult friends when you are making big decisions like this......





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  • hebron
    04-22 07:40 AM
    Can anybody answer this question - If an employer decides to port an EB3 case to EB2 for an employee not using the experience gained at the job, does the new EB2 role have to be 50% different from EB3 role?





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  • BharatPremi
    09-20 05:46 PM
    Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.

    Then you are a special case to USCIS. In my whole "GC career", you are the first case I am hearing about having AC21 related notification from USCIS.

    Chandu's comments are entirely truthful and your case is the special one as USCIS really does not have any sysem to account or to notify related with AC21 usage.





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  • gcdreamer05
    01-14 01:09 PM
    I just wish this is true and also wish that guy burger king (a.k.a steve king) does not filibuster this tooo....



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  • rongha_2000
    03-18 04:41 PM
    Bump

    :confused:I am in same situtation. I want to reenter on AP and continue on H1-B. Can I do that? My company says its their policy that once I use AP to enter I will have to switch from H1-B to EAD. I dont want to do that. Can I still continue on H1-B?





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  • h1techSlave
    03-17 05:22 PM
    Getting Bernanke/media support will never be an alternative to IV efforts. They will, at best, complement it.

    I stand corrected that we still need to send letters and faxes to Senators and Bush. But a little push from the Fed won't hurt IV's efforts, would they?



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  • lonedesi
    04-15 12:56 PM
    Luckysiri, I am sure things will work out for you and your family. You definitely need to expose and name your employer whose sadistic attitude caused so much pain and suffering during these critical months. We need to teach such employers a valuable lesson so that they don't ruin some one else's peace of mind. Good luck.





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  • gulute
    11-16 03:39 PM
    Since you have negotiated 70:30 before joining, you must have agreed to paying H1b Fee. And yours is an H1 transfer and you new how this business works and signed the contract!

    Read this post: http://immigrationvoice.org/forum/showthread.php?t=22428

    Now what are you complaining when you knew how this system works?

    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx



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  • superdoc
    09-23 07:50 AM
    I think your plan may work out just fine. I would make a couple of suggestions:

    1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.

    2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).

    3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.

    4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).

    5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
    --If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
    --If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".

    PM me if you have questions about what I said above, and I will be happy to talk to you.

    Good Luck.
    FYI -- what is I-9 and what does the employer need to do for that?





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  • gc_mania_03
    02-15 05:41 PM
    Take a look at option from Colorado State Univ Distance Education website. They have a MS(course option), where you need 10 courses to obtain a MS. Each course approx. costs around $1600. So, you are looking at a total of ~17k.

    They will also waive GRE requirements if you give evidence of your experience in the industry which looks like is not a problem.

    The degree certificate they give you is no different from the certificate one would obtain if one was to attend school full-time and complete the same MS course plan.

    Some courses could be completed in summer as well. So, if you can take 4+2+4 over one year during spring-summer-fall semester you could be done in 1 year. I am assuming you don't care about grades, and hence taking 4 courses should be manageable to just get a pass grade.


    Best of luck with your search








    Hi,

    I have 3 yrs degree + 1 yr PG diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that I am doing.

    I am currently filed in EB3 category, and new company I am changing job to are ready to refile my GC. But they won't file my GC in EB2 category, as I don't meet the 4 yr BS requirement.

    My son will be in the highschool in 4 years, and I don't want to spend a lot of money on getting MS to myself. But for the GC I am looking for fastest and cheapest way to get MS program. I have no idea how it works, what qualifies me for a degree, what can I get credits for. Any inputs would be appreciated.

    Thanks!



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  • needGCcool
    07-25 12:44 PM
    Yes, I called them and they said the process would generally take 30-40 days. They said, keep checking if your checks have cashed... I read in 1 message board some one posted that checks are cashed on Thursday............so tomorrow is a Thursday :D

    Any body called NSC reg. the fate of July 2 filers !!!!





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  • chaukas
    08-27 03:48 PM
    I kind of remember last time when I had applied online for AP , I had to go to the USCIS office for FP, so most likely your FP was for AP not for 485.



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  • sanju
    02-25 12:18 PM
    And your point in this post to helping IV is? IV admins are more mature than to read my ideas as a lecture.

    Ya, expect others to show maturity while you continue to be a child.


    .





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  • funny
    09-26 01:38 PM
    So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case

    1. I am not on H1B anymore
    2. I am already using my EAD with my GC sponsoring employer.
    3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
    4. My employer will not revoke the I-140 for sure.
    5. My client is ok to work with me if i start my own company.

    All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..



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  • ivslave
    09-11 05:37 PM
    ###





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  • eastindia
    02-15 08:55 AM
    Get it from India. It will be much cheaper. It is better to go back for 2 years for a masters degree and come back. It is easy for IT folks to come back on a new H1B visa. For people in other professions it is difficult. You can even have your company transfer you to India for 2 years or take study leave.



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  • vinicola76
    05-21 01:02 PM
    Wow!!..i 140 for EB3 has not even moved by a day according to the May 08' processing times.......





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  • aviko21
    11-04 12:17 PM
    One simple suggestion which is less comlicated than all those above.
    BTW you don't need rbi clearance.
    You can send an overseas wire from india through your bank a/c where the cost would be minimal( only exchange rate diff and cost of wire($25-50).

    Your parents can safely gift you $100,000 a year. Your bank only would need a letter from them saying its a gift.

    I have tried this to repatriate my assets and it works all the time.

    No need to open nre or nro a/c or anything.
    ps. don;t entertain any solicitation on this site for reverse hawala or anyhthing as you don;t know who will cheat you!
    just my 2 cents





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  • gaz
    04-20 12:15 PM
    it may be so in some scenarios - but i'm not sure if thats the rule rather than the exception. but then again - i'm speaking from my limited experience in this area, which does not include a consultant position (have always been a full time employee), and could very well be wrong about how this works in the consulting world.

    my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.

    Sure. h-1b is now; labor is what you are going to do when greencard gets approved.

    try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).

    Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.

    If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).

    Maybe people don't want to hear this but that is reality of the situation.





    go_guy123
    07-30 12:31 PM
    It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?

    The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.

    Anybody wont be eligible. Canada has been fine tuning the immigration since 2002.
    Now only people who have studied or worked in Canada on work permit are eligible.
    family based is greatly restricted unlike US where around 80 is non-skill based.
    If they want they always reform but the exiting H1B is so good for American Companies that they will fight to keep the existing H1B-GC servitude instead of
    any point based..

    Plus there is politics of vote bank: Moment the CIR comes, the sheer stampede of illegal lobby like the bulls of Spain, H1B folks get crushed. Last time, moment the CIR came, H1B people started opposing it because it literally made illegals ahead in line line with more points in the point based system.

    That's why I am skeptical of CIR as of now. H1bs don't have much chance in front
    of the madness of illegal lobby vote bank. Based on my observations of how the
    US politics works I don't see promise in CIR (one of main reasons I left for Canada)

    Not to mention, a lot of antis are not that against EB reform but moment CIR comes
    all anti-s get united in opposition. The illegal bobby hold H1Bs as hostage unless they get what they want. It is such a deadlock that I just don't see how it can be fixed.
    Unless there is another super powerful lobby helping us like US industry (supreme powerful lord in US politics) which currently wants the existing H1B system I don't see headway.



    PS: In 2002 Canada passed IRPA where they delegated the rule decision making to the executive branch unlike US where any change has to be legislated.





    jsb
    03-19 02:15 PM
    Simple math can easily prove most EB3s will NOT get the GCs even in 20 years......

    Maintaining long lines is a way to discourage more people from trying or aspiring. Do you think government should be trying at these economic times to do something, not to have long lines, so that more people can try to come in?



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