Friday, July 1, 2011

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  • singhsa3
    07-11 10:34 PM
    Hi Guys,
    Based on some recommendations, I have put together the enclosed pamplet.
    I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.

    http://www.geocities.com/singhsa3/Ghandhigiri.doc

    Take a look at it and make suggestions





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  • xu1
    09-12 07:08 PM
    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.
    This needs probably more insight..

    I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.

    Please ask your (company's) lawyear..





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  • 21stIcon
    12-21 06:33 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.





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  • Pankaj
    04-17 11:04 AM
    I would suggest send an email, fax and certified mail asking your salary and give a time of a week.
    Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.



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  • chanduv23
    03-25 02:24 PM
    I went to Chennai and Hyderabad thru Dubai in last 2 years. I felt it was really nice. No transit visa stuff. Good veggie food, lot of entertainment and good service. A bit costly compared to other airlines. On overall good experience and no regrets for higher price

    My experiences have been the best with Emirates and have always travelled Emirates. But the last time I travelled, I had a bad experience.
    I travelled from JFK to Chennai in August, 2007 and my baggage did not come in the same flight. They had to trace the baggage and then both my bags arrived in 2 different days and I had to buy clothes, shoes, nightwear but Emirates reimbursed and gave me like $60 in cash for all expenses.
    Apart from this, I have had pleasant experiences with Emirates and will continue to fly emirates.





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  • pune_guy
    02-19 05:20 PM
    I would suggest that you follow the option of joining some other company, if that is possible. You would be joining with enough experience so as to qualify for a new EB2 application. You can retain your EB3 application and priority date if 180 days have passed since filing 485, which in your case has happened so you are OK.

    Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.

    Just my two cents.



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  • waitingGC
    01-15 10:11 AM
    I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.

    I totally agree with you! Many members are doubtful of what IV can really do for legal immigrants. Many people think that nothing can be achieved with just less than 10,000 people. Without seeing any hope for any changes, people just feel desperate and stay where they are without thinking of this issue.

    I've read a post in a Chinese immigration website regarding how they thought the immigration trends in the future. Most people, if not all, believed that most of the immigration bills, including CIR, SKIL, and 485 filing, have no chance to be passed in the congresses, not only this year, but also in the future. They thought that the only thing that had a chance was H1 quota increasing. I hope that's not true. But their arguments made sense. We believe that we contribute to this country so this country needs us. But Americans don't think so. Many ordinary Americans do not really care about legal immigrants. Those who care may have lost their jobs to us. Our employers don't really want us to get GC because we can change jobs freely once we have GC.

    Those thoughts, combined with last year's facts, make people believe that we cannot make a change. But I believe that if IV can make any change in the near future, e.g. 485 filing, people would regain confidence and join this organization. This is like a vicious circle. People don't contribute, then IV cannot achieve goals. Thus more people lose confidence and contribute even less.





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  • pasupuleti
    09-06 04:12 PM
    Similar question came up during the last immigration attroney conference.I heard attorney say, as long as someone is working for the same company filing for GC should't be a problem.
    You can check the transcripts & audio for the conference here..
    http://immigrationvoice.org/forum/showthread.php?t=1267



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  • deardar
    09-14 03:49 PM
    good!





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  • Nov2004
    08-26 01:08 PM
    Bump^^^^

    can you please let us know some details. I am in the same situation.
    Nov2004, eb3, i140 approved and i485 applied.

    1. What happens to the present ead, after filing the new i140.
    2.after i140 do we have to apply for new i485?



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  • SunnySurya
    08-03 09:42 PM
    I think thousand is over exagerated. Most people have filled their application at NSC.
    I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
    Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....





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  • crystal
    06-15 06:20 PM
    I found in another forum similar question but not exact.

    http://boards.immigrationportal.com/showthread.php?t=115661

    as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly

    (moderators please do not delete the above link , as I am just trying to get information for my cause.)


    I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across



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  • k_sing
    09-18 04:08 PM
    This is H1B specifc though.. not taxation specifc for others





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  • reachinus
    12-24 11:07 AM
    Nope - it does not legally bind you though it hurts your credibility.

    As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.

    Hope this helps.



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  • GCwaitforever
    06-19 05:37 PM
    What?!

    Translation: What is happening to young people nowadays?





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  • gceb3holder
    02-27 08:51 AM
    Ok! So that brings me to late July... :( still, not bad, but not perfect. Anyway, like someone up there said, it is worth it. :cool:

    What would be the process to switch jobs? Does the new employer need to fill anything with USCIS ? Or I can simply sign a new contract with them ?



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  • Queen Josephine
    June 18th, 2005, 05:55 PM
    Boy, you really get up early! I'm still in bed when the sun's rising :p With that said, pretty much all comments have been covered already. The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) I really like the little clump of flowering weeds or whatever they are in the lower right and of course I downloaded them and played with them. The second one, I tried it as Anders suggested, cropping, and again, nudging the curves. Both benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.





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  • CADude
    08-03 07:29 PM
    Consult a good lawyer without any further delay. If you are out of status then it's problem for GC also.

    PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.

    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.





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  • dammu
    04-14 08:44 PM
    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?





    mysticblue
    08-17 01:57 AM
    I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

    Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.

    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
    2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?





    ImmigrationAnswerMan
    06-29 10:35 PM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.



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