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Saturday, June 18, 2011

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  • desi3933
    07-28 04:12 PM
    You are incorrect. I suggest, you talk to attorney.

    It also depends on the state where contract/agreement was executed.

    ____________________
    Not a legal advice.

    It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.

    I think only 2 side agreements are legal and all other agreements even if you sign are not legal.

    (pls confirm with ur lawyer ...)





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  • alp_waj
    11-07 01:46 PM
    What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.

    Dude !!

    FYI,

    France <> Europe

    Thanks for sharing your deep rooted pessimism, though

    Keep up with your mission.. it helps :D

    Cheers





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  • addsf345
    11-21 03:00 PM
    If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.

    Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?

    Area Title: Town, State
    OES/SOC Code: 15-1032
    OES/SOC Title: Computer Software Engineers, Systems Software
    Level 1 Wage: $29.48 hour - $62,111 year
    Level 2 Wage: $32.92 hour - $71,347 year
    Level 3 Wage: $37.37 hour - $78,603 year
    Level 4 Wage: $41.81 hour - $85,838 year





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  • meridiani.planum
    04-03 12:09 PM
    18.
    Regulations
    Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
    Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.

    I wonder what the AC21 rule revision is going to be?

    good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)



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  • shivarajan
    03-23 03:41 AM
    epilogue (http://crisisofcredit.com/)





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  • dvb
    10-30 02:52 PM
    Hi,

    If you have used the H1 approval to go out of the country and get the visa stamped and then come back in, the white I-94 given at the airport supersedes the one in the H1 approval. That is the core issue.

    Regarding an earlier question, you can contact any local "international" airport - in my case, my port of entry was Detroit, but I got the correction done in Cleveland.

    -
    DVB

    I don't know if I didn't understand this right but one of my friends came to U.S like 5 yrs back in 2002.
    Never left the country fo far.
    She came on H4 and at that time her I-94 was till Apr/2005.
    She got H1 in 2004 with new I-94 till May/2007.
    Got her H1 extension( with new I-94 dates.)
    The I-94 she got at the port of entry expired but her employer told her it is not a problem as her H1 has a I-94 with new dates.

    I know in your cases(s) you have passport expiry thing. But I guess it's still the same right. I gues your H1 will have new I-94 in it .So what is the descrepency?

    Please let me know .

    Thank you.



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  • RockyRocky
    12-02 06:50 PM
    Did he also mention that to qualify for EB1 you have to be from Mars?

    Good one, dude!!





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  • rbms
    02-27 01:27 PM
    I agree 100%. Only thing that we should be asking is our SSN money back when people in temporary visa leave US.

    Are you guys nuts?

    Which country in the world would lobby another country to take in its citizens? Why would India lobby America to give permanent residence to its highly skilled Indian citizens? So that America can benefit? This would be tantamount to treason.

    You are not talking about H1B here. This is concerning Permanent Residence for eventual American citizenship. Think reasonably guys!



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  • Administrator2
    03-17 03:28 PM
    ^^^

    Dear rxsimha,

    Please start a new thread for your question.

    Thanks,





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  • sk2009
    03-18 10:48 AM
    This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

    There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.

    here is the link he is talking about
    http://www..com/discussion-forums/i485-1/237011787/



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  • skd
    08-20 12:31 PM
    I am starting this to track Texas Center I-485 July 2 Filers to track Reciept Notices





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  • jonty_11
    05-22 03:12 PM
    Just thinkin g abt it....what is AILA's position...they will get a lot of business with this BILL..all illegals will flock to them.....including us all when we become illegals ( man that going to be fun...) i just luv the idea



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  • Alabaman
    12-10 11:42 AM
    So why do you care? Do you intend to stay past your 'visa' expiration day in the first place? Good to know though.

    The question though is do they use the actual visa expiration date or your status expiration date? Considering the fact that you can have a visa valid for 2 years but still be in status longer than that period.





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  • slns
    04-11 09:12 PM
    Do you have a question for IV?
    post it here...i'll compile a list once i have a good number of them
    if you know the answer to a question...please reply

    I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)

    Q. What is Immigration Voice's agenda and purpose?
    A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
    2)How long I485 will take to process after becoming current priority date

    Pls post your answers below

    TEXAS---
    NEBRASAKA----

    Thanks
    slns



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  • pappu
    03-30 05:55 PM
    People stuck with current PDs and outside processing times can exlore this

    http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8





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  • lusuresh
    08-27 01:11 PM
    I live in the West suburbs (Des plaines)



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  • desi3933
    03-18 12:16 PM
    Thanks for the link...Before this post i was with one green dot now with 8 red dots....thanks all those ass holes.

    :cool:

    You are incorrect about out of status when person loses job on EAD.

    As long as I-485 is pending, person is in valid status. Infact, one may chose do nothing while I-485 is pending as long as he has valid job offer that starts after I-485 approval.


    _____________________
    Not a legal advice.





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  • grupak
    03-06 07:14 PM
    Yep. Paid Time Off (PTO) - This will allow me to get regular checks until PTO is exhausted.

    Actually, my question is it LEGAL to work for the New employer (After filing H1B Transfer and getting the receipt) when on PTO (Paid Time Off) with current employer?

    There was discussions in this forum on working multiple jobs on H1B. Murthy claims you can as long as you have an H1B petition for each job. http://www.murthy.com/arc_news/a_h1faqs.html

    But, if you already have the receipt for the H1B transfer for the new job, why bother too much. Ask your employer if they would just pay your vacation time, and start the new job.





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  • capriol
    02-11 10:21 AM
    I hope you are doing much more than just hoping and praying and thinking positive thoughts to improve the situation. :o

    Friends: Don't predict the bulletin. I have seen how the thread pops up every time before the bulletin is out-- and I am sure that the DOS folks read our predictions here; get mad at us; and the bulletin never progresses. EB2 India will continue to be unavailable...





    prioritydate
    09-18 09:15 PM
    The reason is obvious. One less immigration visa if the kid is a citizen.





    n.sravan
    10-03 12:26 PM
    I have two passports one with H4 Visa stamped and another Surname changed. While entering US, I have used my name as in the Visa (new surname) in the I-94 card.

    I have applied for H1B with new surname in this May and change of Status with that I-94.
    During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)

    Now I got H1 approval and COS approval with my middle name taken as first name and new surname.

    1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
    2) First name and middle name are interchanged in the passport and H1 approval.
    Is this going to create any problem while applying SSN? What are the possible consequences..

    Also, any similar scenarios, plz respond..



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