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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/




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  • GCwaitforever
    12-04 05:57 PM
    you should in fact thank the system for letting you to continue on H1 ..

    That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".

    http://www.washingtonpost.com/wp-dyn/content/article/2006/08/10/AR2006081001366.html




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  • raghureddy
    03-18 07:45 PM
    it is usually 6 to 9 months now, i guess u can wait for some more time and then approach senators office...Good Luck




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  • lkapildev
    11-13 06:53 PM
    It could be a GC. I'm guessing.. My friend also had got the same information today. He was BD national

    Some keywords from his receipt# is

    It says some package is mailed. Weclome .. Permanant residence etc

    and ADIT processing etc.

    Do you see these buzz words.

    You may cheer up today and buy us a dinner. No buy the person who approved your case a dinner.

    They flushed my application toilet. I need to go to India urgently, no AP no news.



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  • rajnag21
    07-18 05:30 PM
    Hi All,
    My company has filed my 140 and 485 concurrently at TSC. Labor was from new hamshire. Is that ok ?
    EB3 india Nov 2004




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  • srarao
    07-19 02:30 PM
    Can somebody let me know



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  • fide_champ
    08-04 05:41 PM
    Please see my answers inside:

    I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
    I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,

    Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.

    Now I would like to take up H1B in a month time, following are my questions


    1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
    Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.

    2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
    Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.

    3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
    you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
    Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
    !




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  • CRAZYMONK
    07-20 09:01 AM
    All they can do is stop your salary and not re leave you from the duties. Also the day you put in your papers, they might cancel your H1B, which jeopardizes your status. So prepare for this. File the H1 B first get the approval then quit. These days it is very hard to get the H1b Transfer done.

    They can't do any thing else. All the best.

    Hello Sir/Madam,

    I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.

    A brief info about me :

    1. I'm basically an employee of Wipro, India deputed in US on H1B.
    2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.

    My current issue :

    1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
    2. I Can give only 3 weeks of notice.

    Advice needed :

    1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
    2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?

    Your suggestions will do a world of good to me. Thank you in advance.

    Regards,
    Ineedhelp



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  • claudia255
    03-24 05:47 PM
    Thank you Mark!
    You did an excellent job. Your explanations were very clear and probably made sense for someone who is not familiar with EB immigration issues.
    Thanks!




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  • jthomas
    06-10 12:30 PM
    we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"

    We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
    MAKE A NOISE



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  • peer123
    04-09 01:47 PM
    I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.

    I appreciate your help, but just to justify you, I have been in this country for more than 8 years now and I have no clue what happened to my labor, I applied it way back in 2001 and one more 2004.

    anyway, I think many have been helped. and I wish everyone the best...




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  • nosightofgc
    12-07 02:46 PM
    I will be surprised if some one says you cannot. Because I am doing.



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  • priderock
    06-25 02:42 PM
    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.




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  • Lucky7
    12-04 09:22 PM
    [QUOTE=GCwaitforever]That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".

    I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
    The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
    As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.



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  • maag
    09-27 10:56 AM
    I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.




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  • mpadapa
    10-10 06:40 AM
    H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).

    H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/

    augustus U'r lawyer is absolutely correct. Come on folks don't scare people..


    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz



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  • ItIsNotFunny
    10-13 03:25 PM
    Doesn't matter casuals or formals.

    Casuals - most of the IOs don't mind.

    Formal - everyone likes it. I would rather go for formal to be on safe side.




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  • arnab221
    04-27 09:23 PM
    Most points are for joining the US Armed forces . I see where this is going .




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  • xu1
    08-15 09:55 AM
    I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).

    It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?

    And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)




    aamchimumbai
    09-04 11:46 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....

    My main question is:

    Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?

    I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.




    ngopalak
    10-14 11:14 PM
    Thanks for the info....sounds like a good idea!....I will ask my lawyer abt this...

    You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.

    My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.



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