Wednesday, June 15, 2011

Birthday Wishes Wordings

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  • hoolahoous
    04-07 10:57 PM
    I depends on you, how much risk you want to take ... I can tell what happened with me ....

    Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.

    I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself

    sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer





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  • old_hat
    04-18 04:47 PM
    Any details that can be helpful for others?





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  • coolmanasip
    06-18 09:54 PM
    Bachelors+5yrs is also fine for EB2----- As per my lawyer at the time of my filing....EB2 requires either MS or BS+yrs.....

    I agree with the earlier post....look at how it was advertized.....in my case, we did only MS since I had MS and did not have 5 yrs then...so the advertisement said only MS as requirement....

    If your advertisement does not require MS, then this should be solved by a simple letter explaining the same......If by mistake it says only MS then the RFE is right in asking for MS certificate....however if the advertisement said either MS or BS+5 yrs ...you are covered......

    Another important question is did you have 5 yrs when your labor was filed...becos that justifies ur EB2.....
    Thanks....





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  • gcnotfiledyet
    02-24 03:37 PM
    I recently heard that during WWII US gave citizenship to soldiers from Phillipines to fight against Japan. Once the war was over it stripped citizenship of those soldiers (250,000 soldiers). US did not even compensate those soldiers with money. These soldiers recently got compensation from stimulus package to the amount of 15k/person for the work they did in 1940s.

    So beware to sign up for this program. Especially with military, they can chose what is confidential/matter of national security etc and not let you go in court, while you are outside fighting in Pakistan.



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  • hsingh82
    10-12 05:33 PM
    I saw this article about eliminating the diversity visa program and using those numbers for EB categories.

    Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)

    Will this do us any good?

    Thanks

    I doubt that it will go anywhere but if does it would be really good for us.





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  • hpandey
    01-08 01:29 PM
    my spouse did not change her last name. Its not required in America. Even the bank accounts are different.

    My spouse also did not change her last name. Believe me getting the name changed on all of the things you have mentioned is one big hassle and is not worth it and with all the documentation that keeps floating around in the system endlessly now a days it is better to keep the same name.



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  • snathan
    04-21 07:14 PM
    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?

    I do not know what you are trying to achive by porting from EB3 to EB2 with PD of sep 2008. I am not sure if you understand the meaning of porting.





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  • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks

    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.



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  • sshrika@gmail.com
    10-15 10:17 PM
    Hi mattresscoil,

    <<<<<<<
    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    >>>>>>>>>>>>>>..

    I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?

    Thanks





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  • zephyrr
    07-26 12:40 PM
    didn't know he is chair of the india caucus..

    i'm in dfw, have written to cornyn and kay bailey (congresswoman) several times.

    cornyn is part of the reason cir failed, he represents the very conservative republicans first (and came up with hundreds of amendments to cause a kinda of filibuster) and foremost and skil and other bills come second. skil failed again when it was brought up recently in the senate... so cornyn is pro legal immigration overall - might help with procedural issues, but i don't expect too much from him because he comes from a very conservative state.



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  • qplearn
    12-19 05:05 PM
    Not from the bathtub. ;)

    Post your experience with the call.
    My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).

    And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)





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  • glus
    05-10 09:58 AM
    Hello,
    You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.

    I hope it is helpful.

    Best Regards,



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  • somegchuh
    11-02 11:20 AM
    What's with the attitude? Did I say that I am filing these on my own?

    Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.

    Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
    What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
    Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?

    Anyway, that's just me...Good luck to you.





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  • sri1309
    10-23 06:29 AM
    Thanks guys,

    But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
    Is it not needed for wife's case to be independently handled.



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  • sekasi
    08-18 08:55 PM
    In that case, kinda have to make the ya rly counterpart ;)





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  • Student with no hopes
    11-22 10:12 AM
    There was talk of wasted visas in another thread - does the data in this thread to confirm or reject the visa wastage?



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  • manderson
    09-21 03:05 PM
    Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.

    In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?

    I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....

    Thanks is advance.





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  • TO BE OR NO TO BE
    10-22 08:33 AM
    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?

    Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.

    I hope this helps.





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  • LostInGCProcess
    01-16 10:20 AM
    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.

    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.





    gc_chahiye
    07-18 07:53 PM
    and researched by Pappu himself. Check the archives in the last 30 days.

    bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.





    anai
    09-22 08:51 AM
    just FYI, came back via SFO and had no reentry issues.

    Great. Good that you went and good to know that there were no issues.



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