Monday, June 20, 2011

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  • GCD
    07-28 11:15 AM
    Gurus. Please reply. Thanks a lot.
    Gurus. Please reply. Thanks a lot.




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  • YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.




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  • pappu
    07-14 01:50 PM
    This link didn't work for me either.

    try

    photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif




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  • mmanurker
    12-08 06:38 PM
    vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
    200k salary in this job market and what is the job requirement for that.



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  • girishvar
    04-21 02:06 PM
    There is no need to switch from H1 to L1. If you are eligible for EB1 multi national executive/manager green card you will get it independent of whether you are H1B or L1-A.




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  • edaltsis
    09-18 03:04 PM
    As per the rule: Once you start working in a full time capacity for another company (other than your current H1B employer) will mean that your H1B is no more active. Something happens to your I-140 and then you are screwed (Remember that you cannot get back to H1B status after you started using EAD with a company other than your current H1B employer). So, be careful before you use your EAD until your I-140 is approved and 6 months of I-485 filing (I assume you completed the 180 day rule).



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  • texcan
    01-17 09:13 AM
    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.

    Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.


    very well said about taxes for OPT/H1.

    you should check on state taxes for chicago and cinci....
    I have used HR block, and their services are pretty good.

    Last year a friend of mine user HR block, he was in situation where he worked in a different state (OPT/H1) for few moths and then he moved to another state. Long story short, he got a letter from state he was living in earlier regarding state tax discrepency.
    Surpringly H&R block came thru and did not charge for extra services, rather H&R paid $60 in late fee charges, citing reason that it was their mistake in the first place.

    HTH




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  • ilangocal
    04-07 10:41 AM
    Hi
    I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

    Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

    Please clarify. I am trying to understand this clearly.
    Thanks very much



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  • amsgc
    12-11 12:50 AM
    In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

    As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

    The problem with this approach is that:
    - It is not FIFO
    - EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

    Here is how:

    Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

    So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

    When time comes to roll over excess EB2 ROW numbers, two things happen:
    - Already substantial use of EB2ROW numbers make few numbers available for roll over
    - Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

    The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

    If USCIS followed FIFO, then the following would happen:
    - USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
    - This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
    - When time would come to roll over numbers not used by EB2ROW:
    - A large pool number of excess visas would be available
    - A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

    As a result, old cases would be assigned visa numbers and backlog would be reduced.

    Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.



    I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.




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  • gc_wow
    09-30 05:56 PM
    I got Rfe to send pictures for Advance Parole, it is funny because already I have mailed them pictures, i dont know why they send me Rfe for that. AILA and immigration lawyers are leeches, ask any immigration lawyer they hate us to the core, yet this USCIS workers and immigration Lawyers choose to ignore that they are dependent on immigrants for their daily bread.



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  • hopefulgc
    05-12 11:10 PM
    newuser,

    If you are ever in florida.. jacksonville area... give me a shout.

    For this kinda support, i totally owe you a drink at buffalo wild wings.





    I am in for it. I am ready to put 2K if members are going to come forward




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  • chanduv23
    09-10 10:50 AM
    Please post your suggest to change H-1B program so that it becomes fair to all. I have started new thread for this purpose.
    http://immigrationvoice.org/forum/showthread.php?p=162510#post162510

    Right now - lets encourage people to join rally



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  • ruchigup
    08-22 03:11 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation




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  • pd_recapturing
    08-05 10:31 PM
    One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.



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  • nixstor
    04-13 06:30 PM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav

    If you decide to reply, tell the truth.

    Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.




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  • rockets12345
    10-30 01:04 PM
    Any one please?



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  • yabadaba
    06-22 09:38 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks
    u need evidence. in writing.




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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.




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  • engineer
    10-02 11:48 AM
    Can one apply for Social Security # after getting EAD card ?




    GCSOON-Ihope
    11-06 12:31 PM
    Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?

    It is more a matter related to Department of Labor than USCIS.




    dixie
    08-26 12:37 AM
    Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
    Now get the hell out of here.

    I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.



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