Thursday, June 9, 2011

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  • shutterbabe
    11-19 09:41 AM
    Thanx everyone for the helpful advice. I will schedule an infopass appointment. Can can I see an I/O at a location that doesn't service my area?




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  • krishmunn
    01-05 12:55 PM
    They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

    As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .




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  • ch_murthy
    06-08 06:20 PM
    Hi
    I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

    Thanks

    Mine filed on March 6th and got approved on May 25th.:)




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  • newxyz100
    07-17 04:34 PM
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.

    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?



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  • anil
    06-15 10:28 AM
    Gurus,
    One more confusion, guess I'm confused a lot now:confused:

    Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?

    Thanks a lot!




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  • andy garcia
    12-14 12:58 PM
    Now I am working for a company in OPT .
    My OPT start at 7/10/2006
    My OPT end at 7/9/2007
    add 60 days Grace period ,so the date will be 9/7/2007

    So 9/7/2007 till 10/1/2007 will have 24 days GAP.
    How can I do to solve it ?


    You can not work after 7/9/2007.
    The end of the OPT will determine when you must stop working.
    The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.

    andy



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  • humdesi
    12-07 10:37 PM
    I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
    After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.

    In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.




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  • thomachan72
    09-04 02:09 PM
    Good. Let us collect a list of people who died and pray for them.

    I you could add their PD and Category also, would be nice.

    Funniest thread and indeed your reply was the funniest for today. I cant stop laughing..really.. you answered so seriously but yet hiding so much humor in it.. wonderful.
    Isn't there an online community for people from andhra? why chose IV for these prayer requests? Previously it was praying for SRK who apparently got raped at the POE and now for all dead people??
    Even the thread anouncing the members who got freedom this month is being drowned by these discussions. There is enough to celebrate this month...lot of our brothers / sisters have been greened...let us celebrate their freedom and forget our misseries for some time.



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  • simplistik
    06-06 05:20 PM
    Yes!!!!!
    LoL... so I take it those are yours then? :lol:




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  • gee_see
    10-19 11:04 AM
    Could you point out some sites where salary issue is mentioned (impact of decrease in salary for AC21)?



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  • daishwarya
    07-20 02:50 PM
    @Suvendra, sent you a private message. Please check.




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  • wait_2010
    07-25 02:39 PM
    I believe people who suggest that they follow career before GC are right to an extent. But to me the you have to chose..losing freedom to chose ur employer vs losing one career oppoertunity ...If u have GC you can chose from other opportunities and surely there will be plenty..Especially u r close to GC, it might be worth the risk and wait to get GC..even if u get an EAD , it will make life simple for ur wife and urself as she can get a job in any place and any employer and u will have the same option...Nothing beats freedom...
    It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...



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  • surabhi
    04-08 05:24 AM
    This is serious and could affect quite a few.

    Summary: you could be affected if ALL of the folllowing is true

    1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
    2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
    3) your original employer has used your labor to subsititute some on else ( before July 16,2007)

    Remember you are affected even though you are the original beneficiary.

    How did this case happen?

    This happend because USCIS not following LIFO processing

    1. The original applicat applied labor in April 2001
    2. Labor approved in Jan 2002
    3. Original applicant applied I-140 in April 2002
    4. i-140 approved in July 2002
    5. Original applicant applies for I-485 in Dec 2002

    In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21

    Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140

    The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.

    So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)

    Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.

    I feel for the original applicant. She played by rules all along, but got screwed anyway

    Now you can see the chances of your case being caught in similar circumstrances

    1. You are EB3, India/China with PD around 2002/2003
    2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
    3. You left your original employer before July 2007
    4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
    5. that other person also filed for I-1485
    6. Now its a timebomb waiting to explode




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  • dreamworld
    10-26 11:57 AM
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)

    A) Yes, you can transfer the pending h1 extension to premium.
    B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.



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  • HV000
    10-27 12:31 AM
    Being a Democrat, Kennedy is ONLY going to care about ILLEGALS. We all know how much time he spent debating CIR few months ago.

    Canned response is a SLAP ON THE FACE!!




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  • sdrblr
    10-07 10:59 PM
    Since they came to your work location, can you not contact your HR/ Payroll dept and get the payroll journal?

    How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.



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  • swamy
    04-22 09:28 PM
    why ban- let bigots have their say too & demean themselves in full view (what kind of degenerate would use terms like 'anchor babies')




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  • sbdol
    08-01 10:56 PM
    ...
    My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.

    For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.


    Just MY 2Cents

    2008 quota can never be used in 2007.




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  • roseball
    04-07 10:36 PM
    A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

    "We didn't allow your spouse's personal exemption because your spouse's:
    Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
    Last name doesn't match our records or the records provided by the Social Security Administration.
    Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
    If you have questions or need additional information, please have the following on hand when you call:
    A copy of this page.
    A copy of your tax return.
    The notice we sent you.
    If you disagree with this change or the way we processed your return, please contact us.
    ."

    Do I still need to file form 1040X? Please let me know.

    In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.




    anilsal
    08-02 12:46 AM
    it is not luck or wishful thinking, it is legislation that is needed to get things our way? For this to happen, IV has to continue its efforts and for that to happen, all of you (if you already are, ignore) should consider becoming contributing members of IV and share some of the advocacy efforts of IV.

    You up for the challenge? If not, please wither away ;)




    dipmay2002
    03-06 12:49 PM
    Me and my wife applied for EAD on July 2nd, 2007 and got EAD in first week of OCT with error on both cards; they swap our A#s; My card has my wife's number and my wife card had my A #; I talked to CR; asked me to send both cards back; waited for 3 months for new cards, took infopass in DEC...created atleast 5 SR ..resend 765 applications 3 time to TSC....keep calling them ....and at the end we got corrected cards last week....



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