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  • lvinaykumar
    09-07 08:29 PM
    Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is





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  • gcdesirer
    02-04 02:30 PM
    I have a close friend who has floated a company to pursue an entrepreneurial dream.
    My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.

    My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..

    Appreciate your help in advance.





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  • va_dude
    05-04 11:08 AM
    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.





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  • ragz4u
    03-08 09:48 PM
    There is no posted transcript yet on the Website - how did it go?

    As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all

    This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html


    DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.

    By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.

    All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.

    SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.

    DOBBS: Senator, you're in markup. How did it go today? Are you near completion?

    SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.

    DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?

    SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.

    I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.

    And if they want to become citizens, to go through the processes which comport with the law.

    DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.

    They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.

    How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.

    Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.

    We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.

    DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.

    SPECTER: Sure.

    DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.

    SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.

    DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.



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  • kaisersose
    07-08 10:37 PM
    Here is my general suggestion. We have a lot of examples to learn from.

    A desi consulting company will pay lesser, may not offer challenging work, and may have some weird restrictions in place. On the plus side, they are relatively more stable than American consulting companies when it comes to green card processing as the liklihood of layoffs are lesser.

    People on H-1b should not be out to switch employers for a little extra money. Instead, they should look at the big picture and ask themselves what they want. If the GC is in mind, then plan for it now...not when your 6th year is just closing. If there is no interest in the GC, then you can chase money and join the one who pays more money. However, in many such cases, H-1s have eventually changed their minds and pursued GCs, but valuable time is lost as a consequence of not knowing what they really want.





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  • GoneSouth
    04-18 05:52 PM
    Contact the federal elected representative in your employer's district. If they are not immigrant friendly, try the elected representative in your district (if different). There is a congressional liason inquiry process that can be leveraged to expedite your LC application. My application was pending for 8 months with no new status from DoL. I contacted my employer's congressman, explained the situation, and supplied a letter from my attorny, and my LC was approved within 3 weeks.



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  • mikrupee
    05-02 11:58 AM
    I am in similar situation.
    I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.

    I am thinking to change cannot continue hoping for GC and EAD

    Take advice from Laywer





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  • Paisano
    04-16 10:30 AM
    This RFE is about G-325. In that document, you would have mentioned that you have lived in MN, WA and TX for the last 5 years. And your employer must be in IL. The USCIS is using the information that is provided by you, in simple terms, against you.

    The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.

    The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.

    Yours is the third case of this nature I heard this week.



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  • mmrao2007
    09-08 04:49 PM
    When you guys submit EB2 I140 application form, make sure you put appropriate A# from your EAD card on it. That way your application will go to same folder that your I485 file is in. When time is right USCIS will process all applications together and automatically port EB3 date to your EB2 I140. They should approve I485 and new I140 together, at least that's what has happened in my case.

    If you already have second I140 approved, you need to communicate with USCIS with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers. Please confirm with attorney.





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  • RAJASEKERAN
    11-16 10:33 PM
    Hi Uma,

    My Green card is filed under EB2 category.

    Thanks & Regards,
    Raj..



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  • pady
    06-18 04:44 PM
    I would like to stay in the project through a difference vendor because it is stable for quite long time and I am expecting to be there for next 3 yrs.

    I am worried because this Noncompete is between my employer and his next layer. The final layer is client and I will be working for the same client through a NEW vendor.





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  • naidu
    12-09 10:21 AM
    We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.



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  • Siddharta
    03-11 11:02 PM
    CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.

    You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
    So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
    How big a issue is this. Should I be very scared?





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  • anilsal
    12-13 12:01 PM
    What on earth makes you legal to work with an expired Visa?

    Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.

    To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.



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  • gcnotfiledyet
    02-24 11:27 AM
    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    As far as I understood cap-exempt visa are not for all non profits. It is for non profit research organizations only. That is the reason most universities/charity research organizations qualify for it.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    Try not to going through any consulting stuff just to file in April. Consulting companies are going through rough phase and USCIS is getting very strict with them (this is just my preception from what I am hearing around).

    I am little into CRA position right now working for university. send me pm if you need info.





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  • vjzzz
    09-30 03:31 AM
    I have my visa stamping this week in Nogales, Mexico. Does anybody have any advice, tips, etc? Hoping to get my stamping on the same day of my appointment, thats one of the reasons I booked by appointment there.
    I will be using the assistance of NVS International for my transportation, bank draft, hotel, etc. If anyone needs assistance in Nogales they can help you out: www.nogalesvisaservices.com. They seem to offer very good service in Nogales, heard good comments about them.



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  • ashkam
    03-29 11:40 AM
    Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.





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  • roseball
    03-20 06:33 PM
    Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)

    Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.

    Also, consider the job satisfaction/career growth you will get by taking up this new job which you said is better than your current one.....Keeping in view the current trend, it will be atleast 5-6 yrs for Eb-2 to come to Oct 2007....Ask yourself if you want to be doing what you are doing right now for that long......I would move on.....





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  • sledge_hammer
    06-09 05:37 PM
    Write a letter to the employer explaining that you need to get paid. Attach a copy of the timesheets and all other documets for proof. Send this via registered mail. Give him some time to respond, if he doesn't, then file a complaint with DOL.

    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.





    akred
    02-12 11:46 AM
    Nebraska took 7 months for my case almost to the day. Jun 06 - Jan 07.





    kumar1
    07-18 01:39 PM
    ------------------------------------------------------------------------------------------------

    Please do not use abusive language. - Administrator2



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