Friday, September 9, 2011

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  • abhijitp
    01-24 07:17 PM
    Also setup time with employer to request a letter.





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  • eilsoe
    02-03 06:24 AM
    :phil: heehee...





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  • Soul
    02-07 09:48 AM
    Probably a king :P

    Or a merchant heh

    You?

    - Soul :goatee:





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  • GKBest
    07-16 11:50 PM
    Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.

    I am not saying the announcement tomorrow is a bad thing. I am just not very excited

    The story of my life the last 6 years has been one delay/backlog/retrogression after the other.

    jasquil


    Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.



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  • sroyc
    11-30 12:18 AM
    People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?


    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.





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  • logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • jonty_11
    06-07 12:21 PM
    Dont worry after teh CIRcus in senate for the last feweks..I think no one will dare touch the immigration issue until 2008 Pres Eelctions now...This bill will defintely die away.





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  • venkygct
    08-31 02:06 AM
    ^^^^



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  • akhilmahajan
    08-27 10:02 PM
    Do we have to attach photographs when we e-file for AP ?

    For E-filing AP, you dont get any Finger Printing, so you have to send 2 photographs with your application.

    Please make sure you write your name and Alien Number (A#) on the back of the photographs.

    I hope this helps.

    GO IV GO.





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  • gconmymind
    10-11 04:43 PM
    This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.



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  • 485InDreams
    08-20 09:36 PM
    I'm sorry to hear this...Its happened...
    if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....

    There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...

    I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....

    Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....

    You lost one of the major milestone in your life...never give up this time....

    Best of luck





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  • desi3933
    12-22 12:54 PM
    I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.


    My experience has been very good, too.

    I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.


    ________________
    Not a legal advice.



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  • vine93
    01-05 11:11 AM
    Dear friends:

    As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.

    Reasons why you should do PMP
    1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
    2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
    3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
    4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
    5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.

    I hope this should help some of you to make a decision to be a PMP or not.




    2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.

    Wrong !!


    I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
    IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.





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  • paskal
    12-20 11:41 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/12/20/AR2006122001910.html


    both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
    wonder if they might be interested in something like this.......



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  • eagerr2i
    12-04 03:57 PM
    This appeared in todays Business Standard Newspaper in India. Atleast, the issue came up for discussion.

    Here it is.
    --------

    The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.

    New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.

    Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.

    The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.

    “It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,” an official said.

    In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.

    “It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,” an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.

    “A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,” an official said.

    Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.

    India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.





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  • pappu
    11-25 10:09 PM
    The report has been updated. There were some typos. We have also added explanation for places where there was come confusion on this thread.



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  • singhsa3
    08-20 03:50 PM
    Unfortunately, though it is highly unethical but not illegal
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.





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  • nk2006
    01-09 12:14 PM
    Alternative work-arounds (Having it both ways) :):) : Here is what some people do. .............

    This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?

    I did the same (a few years ago when I was on H1b) and I think its perfectly legal and common practice to do. In fact our HR gave us COBRA documents and written advice to this affect (note: its a well-known company with 100k+ employees at that time; they would not have advised if its not legal)





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  • k_ek
    12-06 02:23 AM
    Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.

    THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.

    Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
    You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
    Lets discuss whether this swap will be possible or not, or what the loopholes are.
    thanks


    thanx suttu

    really good post.
    MERA BHARAT MAHAN





    beppenyc
    03-16 03:18 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.





    mammoy2k
    06-05 03:43 PM
    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.



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