Saturday, June 25, 2011

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  • sankar_203
    04-01 05:54 PM
    Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???

    If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.

    Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..




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  • sands_14
    12-05 02:54 PM
    i think u need not get a new h1 stamp and can sill come in and out on AP without compromising yr h1 status.
    Yes,You should get a multiple-entry AP.If it is one-time entry AP,then you need another AP.Genrally nowadays u get multiple-entry AP.




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  • gc_eb2_waiter
    11-16 04:08 PM
    From immigration-law.com

    Senate Passed S. Res. 299 Recognizing Festival of Diwali

    On November 14, 2007, the Senate passed the following resolution:
    Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
    Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
    Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
    Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
    Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
    Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
    Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
    Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
    Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
    Resolved, That the Senate--
    (1) recognizes the religious and historical significance of the festival of Diwali; and
    (2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
    Congratulations to East Indians.

    :D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
    I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
    :D:D




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  • sunilsj
    01-21 10:43 AM
    I wouldn't make the assumption that this is only happening to consulting cases. I know example where a full-time non-consulting candidate has been held up. Be careful.



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  • lj_rr
    08-24 01:13 PM
    Anyone found a solution for this yet?




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  • GC9180
    06-19 05:29 PM
    Most medical centres/DRs are ripping off $$ on medical examination.
    How to avoid/escape most of the cost..I just paid $200
    First know about medical examination, as to whats done..
    At any medical centre the basic cost should be around $185 - $200 (based on in/out of edison area)
    - $185 Dr. Gita Dalal, U.S. Healthworks. 16 Ethel Road, Edison, NJ 08817 - (732) 248-0088
    - $200 Dr. David Rizzo, Union Family Medicine. 2300 Vauxhall Road, Union, NJ 07093 - (908) 688-4424 **WALK-IN 9-6pm***

    Basic should include
    1) blood work to test HIV & ppr(forgot name)
    Note #1) this blood work does not check for MMR, Vericella, Tetanus
    Note #2) No blood can check if one needs vaccination for Tetanus. Only MMR (measles - mums - rebella) and Vericella can be checked thru blood work, if a person needs it or not. Again i repeat the blood work done for medical test does not check for MMR or Vericella
    Note #3) Vericella is nothing but chickenpox vaccine. Do not get confused
    Note #4) Good medical centres (who do not rip off, like the two clinics i noted) just ask for proof (vaccination record) for the above three vaccines.
    Note #5) Some say vericella not need bcoz of age like 35+, but immigration needs it
    2) Skin test (PPD) for TB. Once given revisit after 48-72 hrs. If result is +ve, do X-ray which is additional $50
    3) Paper work in sealed envelope.
    Note #1) ask for a copy and check if everything is checked, signed etc..., also fax/scan to lawyer so that he can check to if everything is correct. If any errors get it corrected from the medical center.


    I felt these centers are ripping off
    # Dr. Magdy Shenouda, Wellness Center
    1706 Corlies Avenue, Second Floor, Neptune, NJ 07753 (732) 775-4138
    $340.00 basic
    # Dr. Seymour Wexler 999 Raritan Road, Clark, NJ 07066 (732) 381-3740
    $325.00 basic
    # Dr. Joseph Arno, Williamsburg Commons 10 Auer Court, East Brunswick, NJ 08816 (732) 390-8888
    390.00 includ vac (forced to take vaccine)
    also 1080 stelton road, edison,nj

    HOW TO AVOID VACCINATION COST?
    It depends on your insurance plan
    I got Horizon BCBS of NJ - HMO. according to plan i can get vaccination from primary care physician - no charges. The process is Dr does blood work to check if one is immune to MMR and vericella. eg. if blood work says the person is immune to MMR not Vericella, then the Dr gives vaccine for vericella and not MMR. The note from Dr would say MMR not need and vericella was given. Regd Tetanus, Dr gave me the shot as i did not have record to prove it was given earlier ...nor blood work can prove if one needs it or not.
    Blood work takes 2-3 days.

    Note: you need not have vaccination record at time of medical examination. I told the above two mentioned clinics that i will bring it (vacition record/report) later from Dr...they agreed. Remember till you show them they are not going to give you your report.

    I felt $185-$200 reasonable around edison,NJ bcoz thats the lowest rate i got for basic(blood work,skin/TB test,report) without vaccination + they agreed if you have vaccination record that would be sufficient.

    So if you have plan which covers vaccination + a clinic which takes your vaccination proof/record...then your cost is just $200 ONLY or max $250 (if need XRAY for TB)

    Hope the above helps...

    regards


    NOTE: correct me if i got anything WRONG...thanks



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  • doubleyou
    05-19 04:39 PM
    Pappu,
    1)do you know what is the difference between the name check and background check., or is it the same thing.
    2) Will getting the congressional office to follow up raise any red flag?
    3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
    4)Does having two I140 mean anything in the delay




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  • nousername
    04-29 08:46 PM
    There is no limit as to how many companies can apply for your H1 transfer. 2 or 10 is the same.. The idea is to get a reply ASAP. I would suggest to apply under premium process

    To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.

    I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..

    God bless..



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  • maddipati1
    08-21 10:38 PM
    mine gave only until the expiry of PP




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  • gc28262
    07-31 07:42 AM
    This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.

    U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.

    No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.

    U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.

    Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
    U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)

    If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
    Northern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    200 Sheffield Street, Room 102
    Mountainside, NJ 07092
    Phone:
    (908) 317-8611
    1-866-4-USWAGE
    (1-866-487-9243)
    Joseph Petrecca
    District Director

    Southern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    3131 Princeton Pike, Bldg. 5, Rm. 216
    Lawrenceville, NJ 08648
    Phone:
    (609) 538-8310
    1-866-4-USWAGE
    (1-866-487-9243)
    Pat Reilly
    District Director

    Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.



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  • venram
    12-26 12:17 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks

    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.




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  • mhb
    07-04 10:12 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
    try to get the h1b from canada ottawa and take an immigration attorney with you to the consulate to stand with you during the interview.



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  • jchan
    08-01 11:52 AM
    I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.


    Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
    Either way, it's great news.
    And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.




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  • PD_Dec2002
    07-07 10:21 PM
    are you talking about filing LC for ad sent out already that I said ? or ...

    Showing 1 year of work experience when you don't really have that experience. You can be asked for pay stubs, employer verification letters, etc. for I-140 and maybe even for I-485. For all you know, you might have a smooth ride all the way to your GC. But as I wrote earlier, there's no guarantee when your past can come back to haunt you.

    Thanks,
    Jayant



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  • p_kumar
    07-16 10:08 AM
    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....


    Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...

    my PD Oct 2003, EB3
    I-140 approved like years ago(Atleast seems to me.)




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  • cjain
    10-30 05:49 PM
    is it from the receipt date or notice date?



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  • amit_sp
    03-27 03:47 PM
    I went to Vancouver consulate in Jun 2006 and had very good experience. My appointment was at 8.00 am and I was out of the consulate by 9.00 am. The officer asked me which company I work for and my job description. No questions were asked to my wife. I have also been to Toronto and Montreal consulates in last 3 years for the visa stamping; however Vancouver staff was most friendly. I got my passport the next day.
    However as the process has changed recently, it might take longer to get the passports back. Please don't carry anything other than your wallet and documents and that too in a folder; NOT a bag. In case they don't let you in, there's a small cafe on the opposite side of the road. You can pay some money to the guy or buy something later and he would allow to keep your stuff there.




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  • conchshell
    04-24 10:30 AM
    Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
    http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary

    and the members of the sub-committee:
    http://judiciary.house.gov/committeestructure.aspx?committee=4

    What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).




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  • ragz4u
    05-11 05:42 PM
    While I was listening to this I was like we need to get this Amit dude to IV. Little did I know that he is already one :)

    You put out all our issues and pretty eloquently too. Good job :)




    gc_vbin
    04-08 05:06 PM
    You need to update your profile with enough details so people can respond to you. There are not enough details in your profile.

    May 2011 Bulletin is out

    Employment- Based Category
    INDIA EB2 July 2006 (from May 2006)
    http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]


    I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.


    For those of you who received the letter from NVC are you EB2?




    lvinaykumar
    07-02 02:16 PM
    all i can say is they are taking us for granted. If we don't do anything about it they will continue to do this again and again. We should fight back. Put a lawsuit. I have take a vacation to get the documents done and also pay for my medical exam. Which costed me lot of money. I don't mind spending few more to fight for what was taken away from me..

    I am going to contribute as soon as i get my pay check this month.....Lets fight.



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