Wednesday, June 8, 2011

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  • gcdreamer05
    08-05 05:11 PM
    Guys n Girls,

    I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

    I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

    Comments please.

    Thanks!

    that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"




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  • mayhemt
    08-30 12:02 PM
    Not illegal if you are also present in the recording.

    - son of a lawyer... not a lawyer myself.

    hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)

    Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.




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  • eb3_nepa
    08-16 09:39 PM
    We gave them the 485 receipt and both the EADs and this is all information he actually asked for and said at the end that the system did not let him give us the DL as it needed more info.

    When will this NIGHTMARE end!:rolleyes:




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  • dixie
    10-13 07:36 PM
    You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.

    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US



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  • gc_buddy
    01-08 07:36 PM
    He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.

    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help




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  • insbaby
    09-26 01:29 AM
    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).

    Most of the points are true, but using the OLD PD is still a question.

    People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.

    Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.

    Then eventually this becomes your life long challenge of working on immigration matters every day.



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  • immilaw
    09-17 05:58 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123

    It looks like your brother is on J-1 Visa waiver program. My advise to him is to speak with an attorney.




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  • burnt
    12-12 01:53 PM
    Friends - Do they ask for I-485 receipts at the port of entry while returning on AP?



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  • chris
    02-05 02:50 PM
    18003755283
    1
    2
    1
    receipt no
    1
    1
    3
    4

    Good luck

    Chris,

    How did you reach to the IO (Officer ) to know your status , is there any number/ options..

    Please advice.

    Thanks.




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  • hopefulgc
    05-12 02:45 PM
    We need to raise a million $. Anything less is seeming to just not cut it.

    Look where we are now with our half-hearted efforts.

    DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
    Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.

    We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.

    --- here is what follows from an earlier post

    Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.

    Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln

    why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.

    now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.


    People, we gotta swing for the fences, the next time we go to play.
    It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
    We need to be a big fish.. a million $+ whale to be taken seriously.

    Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.

    funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790

    Brethren.... rise!



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  • Siddharta
    09-26 04:26 PM
    My sincere advice, DO not even think about it ..

    So you recommend I stay in the similar position (and company) till 2015. Greattttttttt.....




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  • leo2606
    04-12 02:20 PM
    A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.

    Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.



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  • ragz4u
    03-15 11:39 AM
    hi Super_Moderator,

    Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

    just to know whey we need to wait for later to add this...

    Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.

    As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.

    What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.




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  • wandmaker
    02-18 06:29 PM
    wandmaker -

    Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.

    Child will, of course, need passport. But no visa.

    This is one of the few exceptions when person does not need visa to travel.

    Hope it helps.

    _________________
    Not a legal advise.


    If you could post some official documentation that would help rajesh1972



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  • bsbawa10
    08-21 10:23 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.

    I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.




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  • himu73
    12-08 10:43 AM
    I was also asked similar questions about status. but that was mostly to check if I am not on student visa status. they do not care if you are on H1



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  • mundram
    04-20 12:03 PM
    Recently, I was in the similar situation but with H4 dependents.
    Here was the response from my lawyer:

    "the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."

    The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.




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  • Green06
    08-24 11:02 AM
    Keep cheking the link below. It is archive of Kathy's shows. EOD today or by tomorrow the show should be archived here.

    http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun




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  • natrajs
    09-03 10:06 PM
    MS + 0 yrs Exp is fine as long as the Job requirments clearly define that they need MS + 0 Yrs Exp




    waitingnwaiting
    01-06 01:13 PM
    Yesterday, Rep. Darrell Issa of California introduced H.R.43 to amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas (50,000) to certain employment-based immigrants who obtain an advanced degree in the United States. The bill has been referred to the House Judiciary Committee, which will be chaired by Rep. Larmar Smith of Texas. House Immigration Subcommittee will be chaired by Rep. Steve King of Iowa. The Homeland Security Committee will be chaired by another King of New York.

    http://thomas.loc.gov/cgi-bin/thomas
    H.R.43
    Latest Title: To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
    Sponsor: Rep Issa, Darrell E. [CA-49] (introduced 1/5/2011) Cosponsors (None)
    Latest Major Action: 1/5/2011 Referred to House committee. Status: Referred to the House Committee on the Judiciary.




    tdasara
    01-21 01:39 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter



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