Thursday, July 7, 2011

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  • meg_z
    02-28 03:19 PM
    I think the memo everyne is refering to is Cronin memo. Here is the link. https://www.shusterman.com/cronin51600.html. I-94 date after using AP is one year from entry date, at least in my case.

    Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.

    I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.

    Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?

    Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
    What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?





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  • sfcwtu
    09-17 01:54 PM
    Why don't our respectful CA gentlewoman gives up on this small issue??





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  • GumI485
    07-15 09:32 PM
    Signed!!!





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  • Legal
    05-24 01:57 PM
    The way things are, this does not look like the glorious country I dreamed of.

    Agree. You are not exaggerating or imagining anything. Rule of law no more , mertocracy no more....



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  • tonyHK12
    03-30 09:02 AM
    thanks dealguy007 and msk for supporting IVs campain for legal immigration





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  • bskrishna
    06-19 05:39 PM
    http://www.opencongress.org/person/sponsoredbills/400245_zoe_lofgren

    Check out the above website. 6039 is the one relating to STEM and it has 26 co-sponsors

    If you're looking for a "hot" bill or a controversial issue that's been in the news recently, but you're not sure of its exact title, our page of Hot Bills by issue area is a great starting point for your search. There you can find groups of the most newsworthy bills, and in some cases the most contentious bills in Congress, as compiled by the editors of OpenCongress. It's a handy cheat-sheet of buzzworthy bills and their official titles. The OpenCongress Blog might have written about it recently too and may offer a helpful plain-language summary



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  • trueguy
    08-11 04:38 PM
    bump





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  • Nil
    06-12 04:52 PM
    There are several of us who have advanced degrees and yet have been put under EB3. Now, a lot of them can move on to a more responsible role but held captive by the immigration situation.
    Just a thought - if the STEM degree holders can be exempt, then it will take some weight off the entire system.



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  • News for 5/28/2003



  • snathan
    03-29 03:35 PM
    @snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
    they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.


    @uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help

    @roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions

    @poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
    their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
    Seems like there are victims falling for this modus operandi time after time.

    @HRPRO thanks for the suggestion

    @GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
    it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.

    I need help on the procedure of documents to be submitted , please help me on that as well.


    Believe me if he is doing this as a pattern...he is already on the hook; you just need to call the Hour and wage division at DOL and give the employer details. They will take care of it and it will take 2-3 years.

    Also if you file complaint, you will get the whistle blower protection means you would be able to do the transfer without even the pay stub. If you are lucky, you would not need to go out of the country.

    Most of the time the end client would not be able to hire you though they conduct interview (the interview might be an eye wash or GC interview), you need to find their primary vendor/any vendor and go thru them. It all depends on your skill set and contacts.





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  • vsrinir
    09-17 12:56 PM
    OURS IS NOT YET STARTED.

    YOU CAN HAVE YOUR LUNCH.

    BY THE TIME IT WILL START


    I just watched the voting 10 against and 7 in favor.. was this for recapture?



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  • Macaca
    11-07 12:24 PM
    There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see.
    Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens.
    I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers.

    I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts?

    From How Safe Is Your Job? (http://www.parade.com/articles/editions/2007/edition_07-01-2007/Intelligence_Report) By Lyric Wallwork Winik | parade, July 1, 2007

    You could lose your job to a foreign worker�not because he�s cheaper but because he has better workplace skills and discipline. That�s the message Labor Secretary Elaine Chao hears from U.S. executives who are worried about America�s competitive future.
    Beyond the cheaper cost of labor, U.S. employers say that many workers abroad simply have a better attitude toward work. �American employees must be punctual, dress appropriately and have good personal hygiene,� says Chao. �They need anger-management and conflict-resolution skills, and they have to be able to accept direction. Too many young people bristle when a supervisor asks them to do something.�
    As for our job future, Chao notes that most of the fastest-growing jobs today are in industries requiring advanced knowledge and skills and are �very high or high wage.�





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  • Vexir
    06-14 07:45 PM
    Thanks mette :)



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  • vasa
    04-10 10:30 PM
    continuing the discussion further why not sell Tshirts/caps and other goodies.
    It may have an upfront cost attached but can be good source too... and i am sure if there are 3000 members atleast 2000 and above would like to buy it ...
    thoughts???





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  • chanduv23
    07-03 12:55 PM
    Sometimes the employee's hands are not clean either - they would have falsified the credentials and the employer takes advantage of that fact. The employee complains here that his employer is "blood-sucking" monster in human form.
    As I said this happens sometimes, not all times, and certainly I am not suggesting all employers are good. So please dont flame me.

    I support this discussion of how to get back at bad employers.

    That is right. There are people knowingly get into dirty deals with employers like
    (1) Faking experience
    (2) Working out per diems in percentages
    (3) Changing job titles to suit their needs
    (4) Most important - employee tries to do what he/she can to keep employer happy as the green card petition is filed - I have seen this - people I know do this - they lick the boots of their employer - get coworkers fired so that their jobs are secure - get personal in alomost everything with employer so that they feel secure and job satisfied - These are the people who come out anonymously and talk bad bad things about their employer because they know they are into a screwed up relationship - no pay hikes, employer cheating on perdiems - employer knows employee is ass kissing and talks sweet but exploits - employee knows that things are not going to be the same for a prollonged period - puts a false mask and blames organizations like IV for not doing anything - these are the folks who encourage employers to do what they want to do.



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  • axp817
    03-31 08:39 AM
    So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

    Although, UN seems to suspect that there might be more beneath the surface here.

    What still beats me is that if the 140 had problems, why would they even bother requesting for AC21 evidence and not just deny the 485 in the first place.

    Unless..., when the 140 got revoked they realized that it had been more than a 180 days since the 485 was filed, and gave the applicant the benefit of doubt and asked for a new EVL, but while the applicant was in the process of replying to the NOID, they did some more digging, found that the underlying approved 140 had ability to pay (or other) issues and then denied the 485 on that basis.

    UN,
    You seem to be 'in the know' about this case/applicant, do you happen to know what the next steps are/would be/should be in this particular case?

    Thanks,





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  • never_giveup
    09-17 11:01 AM
    The proceedings have not started yet. I see people moving in and out.
    Reminds me of the Govt Offices in India. Doesnt look much different here !!!

    And they are probably gonna take a break at 12 for lunch .. lets c!!!



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  • DariusMonsef
    05-31 04:15 AM
    Fallin.

    (I already entered mine, but I was having too much fun so I thought I would just share and inspire the rest of you.)





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  • gotgc?
    01-30 11:45 PM
    just voted..hope this makes it into the debate





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  • caliguy
    10-30 07:48 PM
    @ ndialani

    Sorry, should have put in a note for all you guys. Yes, have a copy of your 140 (that you think should be used, should be the one with the earliest priority date) & 485 receipt. Heck, I even kept a copy of my labor approval in the car.

    I think you are almost there. Good news should be around the corner for you. Having said that, please be persistent. I think if the first IO you talked to put in the details in the system, your case will be reviewed by the IO but dont leave anything to chance.

    Like I said in the earlier post, you dont lose anything by calling except for a couple miutes of your time. It's so much better than talking to some retard from Customer Service or spending hours commuting for an Infopass appointment which doesnt get you anywhere.

    Keep the faith and good luck!

    Thanks Caliguy for all your help.
    I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
    First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
    I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Reciept,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
    After 30 minutes of searching, i found my approved I140 from 2006.
    I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
    I explained my situation again and gave him all the info .He even asked my contact phone no.
    i gave it to him.
    I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
    Should i call on Monday.
    Man! this weekend will be a GRIND!
    I wish , i had the I140 handy.
    So all of you there,
    Learn from my mistake...please have all the documents with you....you never know, what they will ask for.
    Thanks again Caliguy!!!!





    desi485
    02-13 02:42 PM
    why immigration lawyers provides different anwers on this? I guess, still some confusion...

    is there any one on IV Community who used AP to travel and after coming back, successfully transferred the H1B visa to a new employer???

    Please share...!!!





    nixstor
    07-26 05:59 PM
    Not to dishearten any one or not intended against any one

    Buying a home right now?? must be kidding me. Do you want to commit for a 30 yr loan when the starting rates are around 6.75 ? (How many will get that rate?). Keeping interest rate aside, There is no way any one can make 100K by buying a home in the current market. I am glad you could and sorry that I couldnt. I am looking at the DC area market that went crazy and now is cooling down. go to www.zillow.com and check homeprices and what happened to homes in the neighborhood.

    Some facts about Allied Health care who plan on getting PT's and Nurses from India

    Do you know that they need to get a visa screen certificate (PTs and Nurses) to get into the country?

    Have you ever dealt with FCCPT & CGFNS (one that gives Visascreens for PT's & Nurses).

    Do you know that the license they get is temporary (6 months ) and by the end of the 6 months they have to pass licensing exam in the US?

    Do you know how much time they take for processing a type1 application (for applicants without a U S state PT license )?

    Applicants must take TOEFL CBT/IBT and get 250/92 respectively. I am not sure about the exact scores. On IBT there is a section wise score you have to achieve minimally. If you have TOEFL CBT you have to take TSE as well and get 50 min. Many people in India get 45 to 48 even after 2 to 3 attempts

    Schedule A is set to retrogress any time.

    Health care is not IT, other wise desi consultants might have been pumping nurses like crazy into the US.

    Hope I shed some light



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