Be_Pragmatic
06-20 12:57 PM
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
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sareesh
04-21 12:12 PM
I understand your problem with moving dates slowly but did not follow your problem with porting.
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
raghureddy
03-18 07:45 PM
it is usually 6 to 9 months now, i guess u can wait for some more time and then approach senators office...Good Luck
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americandesi
06-06 07:08 PM
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.
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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yabadaba
06-22 09:43 AM
any responce
if u have tb... u have bigger problems than 485
if u have tb... u have bigger problems than 485
MunnaBhai
11-26 06:56 PM
I will contribute $200.00 towards rally.
Thanks
MB
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
Thanks
MB
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
more...
Danko
11-27 04:26 AM
I find that Silverlight and related .NET stuff works extremely well cross-platform. Apps like Banshee (http://banshee-project.org/) are cross-platform (really, not like Flash and AIR which suck on Linux and Mac) and work wonderfully on every platform (alright, bad example: there�s not a Windows port at the moment, because of the underlying audio libraries, but it�s all C# stuff).
Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.
Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.
btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?
Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.
Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.
btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?
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paragpujara
10-09 07:10 PM
I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.
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sk2006
07-14 10:48 PM
Thanks for the quick response...
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
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kabeer_g
01-12 01:54 PM
best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
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TO BE OR NO TO BE
02-03 09:13 AM
I have a question.
I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.
I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.
Is that true? Is there anyone in my situation who has done this porting successfully?
Any help will be greatly appreciate.
Thank you,
I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.
I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.
Is that true? Is there anyone in my situation who has done this porting successfully?
Any help will be greatly appreciate.
Thank you,
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freeskier89
03-02 11:55 AM
o yea, guess i should have asked this before posting!
Nah, now he has to accept it :D !
Nah, now he has to accept it :D !
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thomachan72
05-10 09:42 AM
I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
Comments from those who have done this before is appreciated.
Comments from those who have done this before is appreciated.
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max714
04-09 10:48 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.
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boreal
08-24 12:32 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Well....not everything in life is fair. There are such laws that can be exploited and ppl will do that all the time. No use whining...
Is there any use in comming here as a student?? anymore..
Well....not everything in life is fair. There are such laws that can be exploited and ppl will do that all the time. No use whining...
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ashkam
08-09 09:34 AM
i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
Your attorney is right. Old fees apply and old forms are fine.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
Your attorney is right. Old fees apply and old forms are fine.
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Pagal
07-19 09:37 AM
Hello,
Even as per Indian courts, the contract is valid only if mutually enforceable, which means that the company also needs to give you a two month's notice in case of termination.
Though there is very little risk, why burn the bridges? Be nice and negotiate a mutually agreed exit ... put in some extra hours if needed to transfer the knowledge or to answer any questions to your current job later on. I doubt if your current manager will turn down such an arrangement whereby you help him/her out when needed over a course of next two months...
For your career, the network is more important than the immediate monetary benefits, just my two cents... :)
Even as per Indian courts, the contract is valid only if mutually enforceable, which means that the company also needs to give you a two month's notice in case of termination.
Though there is very little risk, why burn the bridges? Be nice and negotiate a mutually agreed exit ... put in some extra hours if needed to transfer the knowledge or to answer any questions to your current job later on. I doubt if your current manager will turn down such an arrangement whereby you help him/her out when needed over a course of next two months...
For your career, the network is more important than the immediate monetary benefits, just my two cents... :)
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gcformeornot
05-14 10:20 AM
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1403687-new-blow-for-us.html
arihant
04-12 05:00 PM
I whole heartedly agree that labor substitution elimination makes sense. However, the 45 day proposal built into this rule can be disasterous. I just posted my experience with the 45 day letter from BEC in another thread.
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
nogc_noproblem
04-10 04:07 PM
Lou Liar Dobbs lied even in this case also. Couple of days back in his show he said more than 400k H1B applications filed. He never gave correct statistics when it comes to legal immigration. It is disheartening to see nobody could able to do anything about his biased campaign.
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