Saturday, June 18, 2011

el amor verdadero

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  • krishmunn
    03-25 10:18 PM
    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

    No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
    Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.

    All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.




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  • SunnySurya
    08-21 02:47 PM
    No problems, I looking for an airconditioned office to work at..
    I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)




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  • chintu25
    08-28 10:07 PM
    could you please review this thread
    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html

    if you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.

    mail is bouncing back to that id




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  • sriramkalyan
    03-09 03:52 PM
    That when he applies for 485 based on eb2 he has to request for eb3 priority



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  • rsrajendran
    07-19 01:05 PM
    Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..

    In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.




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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.



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  • logiclife
    02-15 06:15 PM
    The Backlog centers should be ashamed of themselves. They make the state DMVs look like an efficient government departments.

    18 more months!!! And they congratulate themselves?

    You know, there is a saying "If you have infinite monkeys with infinite typewriters for an infinite amount of time, eventually they would come up with the exact creation of Shakespeare".




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  • alterego
    08-01 02:38 PM
    Wonderful. It seem the CHC has really come around to seeing the benefit of interim relief. The sweetener for them of course is the FB visa recapture, however in spite of that it is a commendable step for them to lose their obstructionist stand, linking anything Immi related to the "earned legalisation" program.
    This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
    Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
    I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.

    I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
    I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
    Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?

    Please keep all this in mind the next time you think about helping out.



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  • Existe el Amor Verdadero?


  • shortchanged
    08-03 10:25 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
    It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
    Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
    Enjoy your weekend man...............




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  • Maverick1
    11-05 04:19 PM
    Hai ,

    Sorry For The Late Reply and Thank You For All Your Responses.

    I Need The Details About " Medical Transcription " Job .
    Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.

    One is supposed to have good (English) listening and comprehension skills to do the job effectively. Need to read the tapes and prepare the transcripts.

    Since you have BS in Computers, taking up an IT job should not be that difficult.



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  • vaishnavilakshmi
    07-25 01:00 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.

    Hi,

    I don't know for what u have the affidavits for.Anyways,the solution for ur case(mispelt parents names in ur birth certificate) is"ur parents have to give an affidavit stating the subject that their names were mispelt and the original names are so and so" and all the remaining details are correct.And this affidavit is to be notarised by lawyer.

    Hope u got this now,
    Goodluck,
    Vaishu




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  • zvezdast
    07-02 06:03 PM
    Yes, it's my case that just got approved. See my signature for dates.

    Was this your case? Did you get approved in two months? Whats your PD?



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  • tabletpc
    08-27 02:06 PM
    Krishnam70,

    Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.

    Thanks




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  • Sunx_2004
    10-17 07:16 PM
    July 17th no receipt yet

    Just chill
    ;)

    My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?

    Thanks,

    Kapil



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  • gc_kaavaali
    09-16 03:55 PM
    Take a break of being responsible man.

    Education....
    Job...
    Nice life to parents and siblings...
    Marriage...
    Nice life to wife...
    kids...
    nice life to kids...

    THIS LIST NEVER ENDS. I WOULD SAY TAKE A BREAK BEING RESPONSIBLE MAN. :cool: You know what i mean to say!!! DO WHATEVER YOU WANTED TO DO FOR FEW DAYS (ATLEAST)


    I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..




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  • thakkarbhav
    09-15 12:49 PM
    Congrats...Book the ticket and fly to india to give big hug to your wife and son and motherland...



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  • lalithkx
    07-29 04:57 PM
    I was wondering if there is any update available from this meeting?

    Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.




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  • sunny1000
    11-19 06:10 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

    Thanks in advance.




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  • pappu
    06-05 11:26 AM
    If you are unable to come to DC, please contribute to this effort by donating funds to immigration voice. It will help us recuperate the costs associated with hosting such a high profile event in Washington DC. If you have not contributed,
    click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.

    Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.

    Our angst, our insecurity:

    Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.

    Early effort wins:

    The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.

    How you can help:

    You and help in two different ways:

    Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.

    Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.

    Thank you.

    Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).




    nayekal
    02-20 06:17 PM
    Hi

    To best of my knowledge
    A1. H1
    A2. no time limit.
    A3. Yes she needs H1 Stamping.
    A4. You can reapply H4 for her

    If I am wrong please correct me.

    I disagree with A3.
    She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
    She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.

    IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.




    ngodisha
    08-15 08:35 AM
    It should be SKIL and not SKILL as mentioned in the fact sheet. (not being picky but trying to end up with a typo free document).

    Will let you know if I find anything more.



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