Monday, June 13, 2011

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  • EndlessWait
    01-23 11:05 PM
    I�ve been laid off as of Friday last week.

    My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.

    I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.

    My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
    I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.

    Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
    Also, can I take contract jobs for the time being?

    I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.

    Please post your answers, comments and suggestions.

    Thanks!

    i work in mass too and i'm facing a similar situation..i'vent sent u a pm . pls look at it




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  • Macaca
    02-13 01:04 PM
    IV has not been able to achieve a single thing in all of its existence.

    From Lobbying and Legislation (http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html).

    Be persistent. Lobbying campaigns rarely come to a definitive end.

    If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.

    If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation




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  • MeraNoAayega
    06-10 03:46 PM
    Given that the dates have moved to Oct 05, for someone with a PD in Mar 2005 how long will it take from now to get the actual card.

    -Chiru

    well chiru....

    a applicant get the approval on the first day his pd is current or he might not even get approved ... it all depends on what uscis has done with his application in the past




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  • punjabi
    06-26 02:28 PM
    Sorry, but reading your quote was really hilarious! :)

    Be happy that your EAD is approved!



    They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.



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  • spdy_mn
    05-30 06:34 PM
    would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience.

    That pretty much covers almost all of us in IV




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  • gsc999
    02-11 09:47 PM
    ****btw i may be saying things at a wrong time..at this point any effort seems to be a good effort so i will tag along..****
    --
    Thanks for your support. As you probably might have realized, we feed off each other's enthusiasm, this is a truly grass root effort.

    Cheers



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  • dealsnet
    11-10 05:47 PM
    Same sex marriage couples cannot sponser for GC?
    But they can get Insurance coverage and family benifits from the state.
    May be USCIS to prevent malpractice by the people to get the GC.

    I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.

    I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.

    I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.

    I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.

    -Nola




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  • gapala
    03-20 08:12 PM
    The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.

    you never worked for X and has been working w/o break with #2 ... u said, I believe.

    Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.

    If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
    I hope you assume this as a new H1B not a transfer or else your post is wrong.

    As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.

    According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.

    Really?

    in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)


    For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.

    Hope this helps!:)
    Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
    Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
    so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)



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  • willwin
    06-26 08:38 AM
    I know IV is doing its best and there are other groups fighting for HR 5882.

    But honestly, what are the chances for this bill to succeed this year (before election)?

    100% or 75% or 50% or 25% or 0%

    Ron Gotcher predicts that none of the individual bills may pass this year.

    And also that EB3 I may not move forward even next year!

    I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).

    Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?




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  • wanna_immigrate
    05-19 02:56 PM
    done ... and received response as well



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  • go_gc_way
    07-17 11:28 PM
    Depends on the situation one is in .. May be they wont leave seeing this bulliten but may be forced to go back after a few more ..

    What I dont understand is , is it really the case , all labours being approved in back log centers are really being used for original applicants .. I think very less percentage of them exist in those companys for so many years. If they do they should get VISAS.. but I doubt.

    What happend to recently proposed to remove labour substitution? Does any one know.

    When it was being floated , I knew it will help real applicants like us in the que, but not sure if it became an approved rule.

    We should also ask for it storngly more than ever. I do not think there are so many number of people waiting in the que for so many years.

    What do others think about this.




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  • hebbar77
    10-01 04:55 PM
    We indians could not unite when colonizers came....
    We indians could not unite after 1947 and trying to find ways to split ourselves(language/region caste... and #&*!)

    And we cant stop fighting on a immigration forum after leaving indian soil...

    I am wondering why!!

    Jai ho.



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  • garybanz
    09-20 09:54 AM
    Agree with you 100%. Instead of 'forming' state chapters in the last moment, they need to be established, nourished, strengthened and developed over a period of time. A grassroots movement needs strong roots in all regions.



    With all due respect, it was a disaster. They ended up scaring Americans - by holding Flags of thier countries, holding US flag upside-down or disrespecting US flag in other ways. This provided fodder to anti-immigrants to scare Americans of an 'invasion' of law-breaking aliens.

    We need to learn lessons from them, in not committing their mistakes





    As of now, idea doesn't look good. 10 people marching in Detroit, 20 in Minneapolis, 40 in New York, 100 in California - will it even be a rally, in the true sense?
    Agree with you 100%. Instead of 'forming' state chapters in the last moment, they need to be established, nourished, strengthened and developed over a period of time. A grassroots movement needs strong roots in all regions.

    With all due respect, it was a disaster. They ended up scaring Americans - by holding Flags of thier countries, holding US flag upside-down or disrespecting US flag in other ways. This provided fodder to anti-immigrants to scare Americans of an 'invasion' of law-breaking aliens.

    We need to learn lessons from them, in not committing their mistakes

    As of now, idea doesn't look good. 10 people marching in Detroit, 20 in Minneapolis, 40 in New York, 100 in California - will it even be a rally, in the true sense?

    Do you really think the numbers will be that bad? Look at the improvement in turnout in DC from San Jose? Every movement political or not builds gradually. The idea is to make it easy for people to show up rather than ridicule them for not showing up.

    We asked people to show up at the rally giving up (1) A day�s pay ($400 to 1000) (2) Spend money on travel where ever the buses were not available ($$) (3) Spend time away from home. That�s a little difficult for people who have not seen a single person from IV yet (which is most of us). On the other hand many people who attended the rally in San Jose did not mind traveling all the way to DC�Can you think why? Do you think Indian�s in CA have a different mindset compared to those in TX or NY/NJ?

    IMHO, we need to do more work at grass root level. If rallies are local and on a weekend then more people will turn out. Not only will there be better turnout, many of these same people will being more passionate about their support to IV and might start showing up in out of state rallies and protests.

    Many of my colleagues did not even know until yesterday when I showed then the news articles that there was a rally like this in DC. Unless we have local chapters with an organized structure which meet regularly/ even if it�s a conference call, you cannot expect mass mobilization�this is Politics works!!

    I think the DC rally has caught every ones attention, this is the right time to push the drive for local mobilization, it will be tragic if we lose the momentum now.




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  • needhelp!
    04-28 11:19 AM
    will post the count in a little bit



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  • needhelp!
    02-15 02:24 PM
    Are you pumped up for campaigning over the weekend?

    I will do 50+ from my side over the weekend , sorry shadowing till now will post exact as i mail all these. I will try to pump up as much as i can .




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  • go_gc_way
    06-30 02:34 PM
    I am one of many many and happy to see this development.

    I am puzzled.

    Just would like to remind you all , only couple of months back, there was a great optimizm of CIR .. but today we know it is in stalemate.

    So I think this time around we should be cautious. I have a question... What is the gaurantee that this bill is not to increase H1-B alone? Sorry If I am not being optimistic here.

    I request, Our web faxes clearly state why we support SKILL BILL... If I read right and remember it well, this Forums goal is to reduce retrogression/backlogs.

    Now to be positive I am copying an extract that was in quotes in press release ..

    “To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”

    Thank you IV for your efforts.



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  • apnair2002
    06-30 06:23 PM
    congress moves closer to joint - house conference committee on immigration

    Hope this will come true




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  • senthil1
    12-04 07:09 PM
    The visa restrictions, Cap and rules for H1 and H4 all were framed to protect American jobs. If H4 is given work permit then there is a fear that one more job may be taken from the American people. I am not telling it is correct but everyone are in that situation. Also we cannot resolve all the issues. L2 can work H4 cannot work is discrepancy. But one person working in a home will not have any stress especially when there is kid. We have to consider this is an advantage




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  • msjaggi
    07-19 04:54 PM
    Hi,
    1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.

    Here are my questions.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?

    2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.

    3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.

    4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.

    Thanks in advance.




    abhijitp
    02-29 06:00 PM
    13 in the pipeline:
    Got another 11 from ex-colleagues at a client location, plus 2 from a friend's friends!

    I will confirm my new tally after I get hold of them tomorrow.

    Of course, much more work needs to be done here... hope folks in NORCAL are listening!

    At my workplace, about 50% of them have have signed this letter now! This is including but not limited to employees with an immigrant background ( including but not limied to the Indians and the Chinese!)

    My tally is now up to 253. Expecting another 2 this evening from a friend who got it from 2 of his own friends.

    Recruit friends & strangers to help you, then follow up a little bit, it helps!




    vgayalu
    07-19 12:21 PM
    My two friends are leaving.
    They are completing six years. Their labour is approved. but I 140 is not approved.
    They applied for their labour in sixth year.
    Due to retrogression they are unable to apply for I 485 and EAD. They are working as DB2 DBA's.
    They choose last option to leave the USA.



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