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  • delhikadesi
    07-17 12:33 AM
    By writing about H1b (rather myself) I think I just got carried away with my emotions...but I did not edit it...atleast my emotions are better then their myths...

    Here is what I posted in their comments section.

    ............
    I am SHOCKED to see the H1B facts posted on your website!!!.

    Please get your facts right before quoting something out for public to read an interpret.

    Any misinformation regrading already sensitive issues in totally inappropriate and unjustified.

    Lawful non-immigrants are already facing lots of misrepresentation, you and people who may believe in your news should understand that any H1B is not a threat...infact any competition is not a threat.

    If knowledge was a threat then mankind would not have evolved to this stage today.

    Hope that you will agree by my thoughts and in case of any concerns, revert your questions to my email.

    Thanks





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  • prem_goel
    04-17 04:19 PM
    You can file a small claim in the county your employer is based at for not paying you your salary. That way, the document becomes a public record. If in future anyone wants to see if there were any lawsuits filed against your employer, it'll show up.

    The small claim trials are also held rather quickly, like within 30-45 days from the day you file. The filing fees are usually minimal. It depends on your county. Usually those are also recoverable, along with the time you spent on filing it.

    I guess I am stressing this since these cases are public records and a copy is sent to the libraries of high court/supreme court here.





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  • ARUNRAMANATHAN
    06-20 08:50 AM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!


    See the Requirements for the same ....

    Lot of Documentation needed; look at the theard for 485/EAD filing
    In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...

    One of my friend is in the same situvation and this is the way we are proceeding !





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  • vhd999
    04-27 10:33 AM
    2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
    I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.


    I agree. I frequently travel to India. Many times, I saw moms with small babies carrying multiple pieces of carry-ons.

    Most of the cases they cannot do without any help.
    Like others, I am happy to give a hand but I feel bad for those small babies crying while moms struggling with the other things at the airport.

    It�s a good idea to not to carry more than one piece when travelling with babies alone.



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  • mdmd10
    03-25 04:13 PM
    Please be careful when travelling to or via Dubai

    Click on the link below to see a shocking story of the policies of the UAE government related to carrying medicines when travelling to/via Dubai:

    http://travel.timesonline.co.uk/tol/life_and_style/travel/news/article3333905.ece

    Also click on the link below to see a list of Banned medicines which if carried by the travellers to/via Dubai may land them in trouble:

    I was shocked to find regular over-the-counter medicines as Robotussin, Actified or other Expectorant or decongestant medicines that contain - Guaifenesin and Pseudoephedrine HCl, which are common ingredients in many over-the-counter cold and cough medicines available in the US:.

    http://www.moh.gov.ae/moh_site/phar_med/price_list/controlled%20list.pdf





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  • dask
    04-20 07:55 PM
    Just got my passport renewed at SF.
    Applied in person and opted to get it back in the mail.

    Got it in hand exactly in a week from application date...(pretty smooth)....

    And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

    They will adjust it properly in your passport for you...

    All the best.

    Hi All,
    I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
    Thanks
    EB3-I
    PD Jan 2002
    I-140 cleared in 2006
    I-485 received date Aug27 2007



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  • jasmin45
    08-08 04:27 PM
    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...

    You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.





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  • chris
    12-31 01:21 PM
    My case is not complicated (i believe) but transfered from Texas to Vermont.
    May be not many adjudicators over there who can handle 485's or lot of workload.
    Is your case complicated
    My case is not complicated (i believe) but transfered from Texas to Vermont.
    (Hope not many adjudicators over there who can handle 485's or lot of workload. )


    [QUOTE or has multiple applications?[/QUOTE]

    Family of three.



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  • veni001
    03-31 12:40 PM
    What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.

    Thanks in advance

    If the old employer withdraw his petition (that's what most employers do to be on safe side, in this economy) before new employer's i-140 approval then you can not port old priority date.





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  • bathuzp
    11-10 10:39 AM
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.



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  • das0
    06-16 09:50 PM
    InTheMoment,

    Thanks for your thoughts.

    H1B is dual status.

    Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.

    Question is:

    If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?

    I thought EAD (though I-485) and H1b are independent ?

    Pls advise





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  • solaris27
    03-31 08:52 AM
    Congratulations



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  • ski_dude12
    09-26 08:58 PM
    You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.


    Thanks for the advice. I appreciate your insight.

    I amm zn. ! going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.





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  • satishku_2000
    01-07 07:05 PM
    Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.

    By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.



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  • MahaBharatGC
    10-23 05:21 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.

    Plz, this is common sense...don't ever buy one-way ticket if you want to be under the radar...





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  • optimystic
    04-06 11:41 PM
    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.

    I can't say how much weight this statment holds...

    I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....

    In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.

    Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.


    So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.

    And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )

    [Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )



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  • khans02
    10-03 03:00 PM
    Applied for labor February of 2004 in regular then changed to RIR in September 2004. Got 45 day letter in May. Finally got labor approval letter yesterday October 2nd.

    I have a question - is there any premium process for I 140 or 485?

    Thanks

    Saeed Khan





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  • gsrknth
    08-26 03:31 PM
    Congrats Dude.





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  • aaaa4321
    08-31 03:02 PM
    Thanks to all of you for explaining the real thing.





    sanju
    03-12 10:52 AM
    Here is another one

    really funny...
    but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.


    I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .

    BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .

    BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .

    BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.

    What are they doing here? I'll just put them away . . .

    BUT FIRST need to water those plants. I head for the door and . . .

    Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .

    BUT FIRST I need to find those checks.

    END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .

    And, when I try to figure out how come nothing got done today, I'm baffled because . . .

    I KNOW I WAS BUSY ALL DAY!

    I realize this condition is serious . . .

    I'd get help . . .

    BUT FIRST . . . I think I'll start a new thread.

    Fool its not me, its the AAADD I was recently diagnosed with.


    .





    h1techSlave
    08-04 06:52 AM
    While the thread was started on a light note, I think this is a serious topic.

    Most of the people in the developed (and increasingly in the developing) countries are over-weight. I believe people are over weight, because they are not eating good food. People just follow the latest fad (in India this is oatmeal, soybeans etc. for now).

    I have successfully managed my weight below 24 BMI for almost a decade now by eating good food. The key is "moderation" and eat unprocessed food as much as possible.

    If you have to choose between whole milk and fat free milk, choose whole milk. If you have to choose between red rice and white rice, choose red rice. If you drink, do not drink the cheapest variety. Go for Blue label or Hennessey and drink just a peg a week. Go and eat the most expensive cut of beef and eat just an ounce of it. And for the record, I haven't found anything wrong with traditional breakfast (uppuma, puttu, dosa and what not). If you like the taste of oatmeal go for it, but once in a while.

    And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.



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