Wednesday, June 8, 2011

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  • nixstor
    11-14 02:51 PM
    Lawyer told me that I cannot contest. They screwed it up some thing

    What the hell?? Its your right to know what happened with your case and why it was rejected. Ask them and get more information about where things went wrong. Damn BEC's dont answer on status telling that its freaking lawyers and employers property and here lawyers and employers appear not to tell the beneficiary what happened, even after sucking the crap out of his brain for 4 yrs





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  • tammigaw
    02-15 02:14 AM
    It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .

    When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .

    Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .

    During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .

    If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .

    Can any one please shed some light in this grey area.





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  • Milind123
    08-16 06:05 AM
    I would like to share my experience with the immigration officer in India.
    Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".

    to be continued.....





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  • gc_peshwa
    04-14 02:14 PM
    Please contact ashwin_27/nmdial/snathan to add you to the I485 filing initiative. Thanks. If many more like you could join the battle...we'd be victorious by now....



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  • eb3_nepa
    10-02 01:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.





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  • sathweb
    01-21 12:57 PM
    Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:

    (Atleast his thought is good, to keep your mind at peace)

    I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.



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  • kenpat
    03-09 07:57 PM
    Guys I hear you all. If you want to do something about it go to the thread 'US Housing Crisis and Employment based Green Card issues'
    My original post there was
    I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
    We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
    Another thought that comes to mind is everyone takes a day off every month on one day.
    Gandhiji taught us something non cooperation and maybe thats the way forward.
    Thoughts opinions are welcome�

    Here are my latest comments there:

    I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!





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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.



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  • scorpsdude
    07-15 04:33 PM
    Don't get scared if you forget to hand over I-94 . this one point given on US Custom & Border Protection website will give you some relief:
    -------------
    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
    -------

    Here is the link to the full article. Hope this helps.

    https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1





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  • arunmohan
    05-12 03:58 PM
    Can you pleas give your opinion for EB3-India?



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  • ksvreg
    02-24 08:17 PM
    I have been full-time with big company for the past 9 years. Stuck with EB3. I need a serious input from you guys about joining in a new company and applying EB2. I probably get new employment with a small firm of size 100-150 employees. I have MS from USA in 2005. Is it good idea to join in new company or is it a worth waiting for EB3 dates. My PD is in 2003. What if you are in my situation? Please advise. Thanks.





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  • RayP
    12-10 04:44 AM
    Friends... does anybody have some idea.



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  • saketkapur
    10-11 01:00 PM
    I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
    Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....

    PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney





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  • rpatel
    02-13 08:26 PM
    Work Together, Win Together.
    Join IV to fight the injustice against 'legal Immigrants'



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  • rsdang
    07-23 10:41 AM
    What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

    FNU - also stands for Family Name Unknown...

    Hope this helps...





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  • atul555
    07-30 08:15 PM
    It will progress all the way to 2002 Nov - Dec by Oct visa bulletin and keep progressing to 2003 or 2004 beginning by end of fiscal year 2010. The basis of this calculation is part visa number usage analysis, and part hope :) let's see how it pans out.



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  • mahathi
    05-11 06:24 PM
    The problem is I only have single entry visa to Canada. So if I go out I cannot come back without visitors visa to canada.

    I am scared about that as well.

    So, if the consulate decides to issue me the visa, can I get it stamped in India?

    Your reply is much appreciated.





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  • senthil1
    12-06 05:12 PM
    If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.

    Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.


    There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.

    The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:

    1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.

    2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.

    3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.

    4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.

    5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.

    6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.

    7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.

    8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.

    9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.

    10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

    Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.





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  • cagedcactus
    05-02 03:39 PM
    Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
    I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
    Any input is appreciated.
    thanks.....





    dagabaaj
    01-23 11:19 AM
    Finally the dates for I-140 have moved beyond the 8/15/2007 for Texas service center. That is a good sign. We should see some I-140 approvals soon then.





    RajForGC
    03-31 07:56 AM
    I am applying 2nd PERM on April 3rd week, job is little different at least postion is little higher than the EB3, but they fall under the same O*net, not sure what is gonna happen, as of attoreny we can able to get approve, but some of the people says DOL will take more time to decide 2nd PERM, lets see.



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