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Friday, June 10, 2011

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  • krishnam70
    06-11 05:13 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

    1. Send an email to the employer
    2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
    3. If you have not received your dues, complain to your DOL immediately

    I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

    - cheers
    kris





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  • Ann Ruben
    05-27 05:12 PM
    Pappu's response is exactly correct. Because you have an advanced degree, you meet the first prong of the NIW test. But, that is the easy part. Meeting the 3 criteria Pappu lists is much more difficult, and, as a practical matter may require you to demonstrate not only the "substantial intrinsic merit" and value of your work to the US national interest, but also your unique/exceptional ability to do that work.





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  • arnet
    10-23 07:21 PM
    My EAD card (renewal) has data entry error, it is USCIS mistake, so called them and they asked me to file new EAD application and send with this card to the center where it got approved. they asked me to send new EAD application with card (but no filing fee) and if it is not their problem and if it mine, then they will ask for the filing fee.

    Did anyone had this experience before? please let me know the procedure, thanks.





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  • gunabcd
    07-02 10:02 AM
    Stop replying to this guy - focus on something more meaningful.
    Yes, let's close the thread, it's not serving the purpose of the forum and wasting our valuable resrouces. Moderators ????



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  • STAmisha
    07-27 02:32 PM
    Bumping up





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  • GreeNever
    06-13 11:18 AM
    Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.

    Link: http://www.msnbc.msn.com/id/18826755/



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  • chanduv23
    09-03 09:06 PM
    THIS EVENT HAS BEEN CALLED OFF DUE TO TIME CONSTRAINTS AND LOGISTICAL ISSUES.


    We will be having a Pre Rally event in the Tri State Area on Saturday, the 8th of September. Everyone from the Tri State Area are expected to make it to this event. So please mark your calenders.

    This venue for the event is currently being decided and will most probably be in a centralised location so that everyone can make it to the event with proper planning. The location will most probably be in Jersey City or Edison or Bridgewater and some volunteers are working on the venue finalization. It will most probably be an after lunch "Tea and Snacks" event.

    Aman(waldenpond) and Himanshu(pappu) and other core members will be addressing IV members at the event.

    It is very essential that members from the Tri State - NY NJ CT PA and also from surrounding areas make it to the event.

    Please bring in all your friends, and also inform as many people as possible and do make it to the event.

    A lot of important things will be discussed and a lot of questions will be answered.

    I am adding a poll to this thread so please take the poll.





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  • rahulpaper
    06-19 06:15 PM
    I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
    I am not sure what he will say in report (which i get in couple of days). But my question to you all is :

    When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?

    Please Reply



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  • saketkapur
    05-07 12:43 PM
    Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
    You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.





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  • kondur_007
    08-16 06:29 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.


    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.

    best,


    I am not a lawyer, but to the best of my knowledge I can answer as follows:

    1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

    2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

    Good Luck.



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  • tdasara
    08-28 04:02 PM
    Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.

    If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.





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  • factoryman
    06-19 06:17 PM
    Only one booster DTAp once every 10 years. That's all. Man it pains me. After you file, file a medical ethics complaint with INS. Or get his email. I will write to him.

    I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
    I am not sure what he will say in report (which i get in couple of days). But my question to you all is :

    When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?

    Please Reply



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  • lacchij
    11-06 11:03 PM
    My AP status was changed to Document mailed on 10/29 but i didn't receive anything yet. Heard that Lawyer would be receiving them if you have signed G28.

    Keep in touch with your lawyer and ask them to forward it to you as soon as they receive. Otherwise, some lawyers will take their own sweet time to send it.

    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK





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  • STAmisha
    07-25 01:19 PM
    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated



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  • singhv_1980
    01-31 10:41 PM
    If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html

    As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.

    By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?

    Thanks for the info.

    I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.

    May god bless us all.





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  • apnair2002
    05-02 06:21 PM
    >>>>>>>>>>>>>



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  • techskill
    01-04 12:19 PM
    Hi,

    Can someone please tell me the entire process involved to bring parents to U.S as Visitors.I know few things but am very confused about the documents we need to send and needed application forms .

    I went through vfs site for required documentation (I know we should book the interview date through vfs-usa site.)

    They mentioned DS-156 and I-134 forms. where to get these forms from?
    What are the documents that should be sent from U.S
    What about the financial support proof. Should we show specific amount as proof of support for each person visiting?

    Please Advise.
    Thank you.


    For the DS-156 and I-134 forms you can download it from travel.state.gov.

    List of reqd docs from US:

    Couple months of your paytubs
    Last 2 years of W2.
    Full Passport copy.
    Employment letter.
    Bank statements showing the balance (from the date account is opened).
    your status in US( say I 797 approval notice and I 94)





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  • reddog
    06-18 04:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.

    Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.

    Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
    Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
    Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?

    I still do not know why would you want to work thru a different Vendor?
    Is this a Preferred Vendor issue?
    I mean, if you are anyways going on an AC21(assuming you are one of us :))
    why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.

    And finally, if the Non-compete is between the Client and the Vendor, why are you worried?




    someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

    Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant





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  • sukant71
    02-12 08:56 PM
    Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!

    I dont have any other explanation.

    Have you marked one thing the web delcared date & reality date are so different-
    WHat is the reason again same thing create preference-





    kanyewest
    04-19 12:09 PM
    I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.

    1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
    2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?





    gcfriend65
    06-06 08:57 AM
    OK, Here is my situation. I came to the U.S. in August 1998 on F-1 visa stamped until Dec. 2000. I continued on my F-1 I-94 till November 2002, at which point I switched to H-1 B. I have changed three jobs prior to this one, but never have been out of status. I have all my pay stubs, income tax returns and original I-797's for the companies I worked for and am currently working. I have two Master's degrees from US university. Is it advisable to go for H-1 B visa stamping in Canada, Mexico or Mumbai, India. I have my passport valid till April 2015.



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