kaushik7
11-23 04:09 PM
Hello all,
I am on the same boat, and I opened the service request around the same time with same reply. Any updates for anyone? Please keep this active.
any information or directions is appreciated.
thanks
I am on the same boat, and I opened the service request around the same time with same reply. Any updates for anyone? Please keep this active.
any information or directions is appreciated.
thanks
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santb1975
02-17 11:13 PM
Thanks to everyone who participated today. We are looking to have another signing event next week. A big Thankyou to everyone who drove from SanDiego to Artesia to take part in this.
chanduv23
03-27 09:52 AM
My wife is currently on a H1b doing her residency. When she was on h4, she wanted to do research or observership on a voluntary basis so that she can get some good letters and also have her name on papers and journals.
She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.
Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.
The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.
So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.
Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.
She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.
Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.
The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.
So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.
Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.
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theperm
05-07 01:11 PM
bumping up~
more...
rb_248
04-10 04:39 PM
How many for MSFT + Infy ?
thomachan72
04-12 08:28 AM
Hi guys,
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.
more...
zico123
06-14 07:49 PM
Share experiences of good and bad consulting companies here. Help someone avoid the trap of fraud consulting firms which ruin peoples careers.
|
http://h1b.wikidot.com/h1b-companies
|
Share this site with others and lets put an end to the consulting trauma.
|
http://h1b.wikidot.com/h1b-companies
|
Share this site with others and lets put an end to the consulting trauma.
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pd_recapturing
08-22 03:47 PM
Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
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FKFish
01-30 10:31 PM
hi,
I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?
Many Thanks.
I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?
Many Thanks.
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jonty_11
01-31 01:49 PM
I think we need to help ourselves, please contribute to IV and help yourselves.
more...
ujjvalkoul
01-17 05:21 PM
huh!!! no responses...Am I the only one with this issue????
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Green_Always
06-12 06:04 PM
Paaji msingh, Try contacting Manmohan Singh.
Right Solution :-)
msingh.. life is tough for GC Holders also here, without Job / work life is hell over here.
Right Solution :-)
msingh.. life is tough for GC Holders also here, without Job / work life is hell over here.
more...
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ashkam
07-27 03:18 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
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rubinop
04-15 12:39 PM
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
more...
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makemygc
06-22 11:18 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.
My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.
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kris04
07-06 07:44 PM
Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
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gc28262
07-18 03:47 PM
On H1B it is illegal for employer to enforce bond:
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
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11-08 09:19 AM
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skd
01-12 02:17 PM
Skd, it was nice of you .. I gave you green :)
God Bless everyone and everywhere.
God Bless everyone and everywhere.
r2i2009
09-21 09:47 PM
Thanks...your replies were compassionate and philosophical in a way.
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
cool_guy_onnet1
06-01 01:28 PM
New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.
By Marianne Kolbasuk McGee
InformationWeek
May 31, 2007 04:50 PM
A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.
The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.
"This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.
By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.
One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.
Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.
The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.
In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.
"We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.
Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."
A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.
By Marianne Kolbasuk McGee
InformationWeek
May 31, 2007 04:50 PM
A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.
The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.
"This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.
By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.
One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.
Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.
The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.
In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.
"We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.
Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."
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