Thursday, June 16, 2011

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  • vikramaditya
    05-01 12:15 PM
    i cannot contact my old employer as the company is taken over by another one .I sure can use the old PD but still have to wait for months till i 140 gets approved .This time i have a high chance of rfe and rejection as it is by a small company and for future employement .




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  • GCSOON-Ihope
    11-03 04:04 PM
    Hi,

    I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?

    Thanks.

    Is medical coverage provided by the company to all other employees?
    If so, there is no reason why you should be denied coverage, H1 or not...
    Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
    Welcome to America.




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  • Ramba
    10-08 06:05 PM
    Absolutly No. H4 is a non-immigrant status where emplyment previlage is prohibited. If you want to use EAD or to accept any employment, you should be in a status that allows you to work legally. Therefore AOS is a status that allows you to work. One can have "dual intent"; however one can not have "dual status" at a same time. Therefore once you use EAD you automatically switch to AOS status from H4 status. EAD is a benefit to AOS status people not for H4.




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  • binadh
    10-07 10:19 AM
    Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.

    Mine was not filed by Fragomen, and it is still pending for more than 15 months. So, I don't think there is anything we can do about it. To rub it in a little more - I am on EB2-ROW. So, Labor is holding everything......

    :mad:



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  • Green.Tech
    08-05 05:02 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!




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  • sledge_hammer
    05-14 04:35 PM
    Only 215 votes for EB2 India?

    Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?

    We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?

    Something doesn't add up.

    Can ROW people please have a poll for yourselves?



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  • desi3933
    08-25 11:58 AM
    Hi there,

    My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.

    She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).

    My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Thanks,

    >> even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Yes. But she may need to use EAD in that case. Please check with your lawyer.

    _________________
    Not a legal advise.




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  • GCKaMaara
    10-15 11:58 AM
    I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

    My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.

    I Second this idea.



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  • gc_check
    07-12 05:51 AM
    Our lawyer Company has decided to file the AOS application in July

    I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.

    Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.

    Wanted to share this information as it may be helpful for you folks too ...

    Vivek

    Looks like most of the Attorney's who told, they will not file after the July 2nd revision of VB, are now planning to file anyway. Think the decission could have influenced after the Tuesday's Aila Conf. Call. My Attorney finally gave updates that they would have all the 485's completed and ready to go while monitoring the situation and action of AILA/USCIS and will file if is of the best interest to the applicant. Also, the reason they are holding back now is also, what if, USCIS neither receipts nor rejects the applications and hold them and argue they cannot take an action as the cases are subject to litigation.... then it could be even worse.... Any thoughts on this...Folks share your communication with your attorney's if any details worth sharing.




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  • royus77
    07-05 08:40 PM
    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.


    Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .

    one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .



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  • tinuverma
    03-17 02:08 PM
    I guess I will ask you the same...is that true both for H1 transfer and EAD?

    Thanks

    As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.




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  • hetuweb
    10-24 08:15 PM
    My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.

    Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER

    Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
    Edit/Delete Message

    i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.



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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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  • dbevis
    October 27th, 2003, 07:41 AM
    Some shots from yeasterday at and around the Delaware Water Gap:

    http://www.pbase.com/image/22684252



    I really like that waterfall shot.



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  • houston2005
    08-21 11:26 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Congrats.

    Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.




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  • texcan
    09-10 10:15 AM
    Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.

    Deb
    Contrib $600 so far + $300 for rally
    EB2 India PD 03/05
    I140 09/07
    I485 07/07

    Friends,

    I must say, not all employers exploit people on H1b.
    My take is it depends on the business ethics of company owner.

    I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.

    In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.



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  • mmk123
    01-19 08:17 PM
    Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?

    Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..




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  • jonty_11
    01-18 01:06 PM
    did u call 18003755283....and given them this receipt number...
    how abt interim EAD...did u ask for that?
    I heard they stopped issueing those...




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  • fromnaija
    08-04 12:43 PM
    How did your wife obain the second AP while outside the country? If you applied and got the second document whilst she was outside the country then logically it is invalid.




    Friend
    02-18 10:21 PM
    Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.

    In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.

    In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.

    For this reason, I advised you to wait until the PD for your category become current again.




    saimrathi
    08-10 03:10 PM
    Not a big fan of recurring contribution.. would like to contribute when I feel comfortable...

    from your signature it says you contributed and you voted 'no', am i missing something here?



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