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  • indian111
    10-13 11:06 AM
    30 minutes per day aerobics ?

    lol that was a good one :P




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  • GCNeophyte
    08-16 01:32 PM
    Thanks for the replies. I am going to consult with an Attorney.

    I wanted to get other valuable opinions.

    Congratulations...

    I don't think your EB2 was automatically ported. This approval is one of the USCIS's unknown GC processing strategy. I have known two cases in EB3 got approved when PD's were in "Unavailable", Yes, its for EB3-I.

    Don't think too much, have a professional advise and Enjoy your freedom.




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  • WeShallOvercome
    07-26 02:58 PM
    Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.


    Same thing here. Even the notice will go to the lawyer's office and they won't bother telling me unless asked a few times.

    Other than the physical notice, I guess we can get the receipt numbers by calling them once we see a substantial number of members getting the numbers/notices.




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  • CADude
    04-07 11:01 PM
    My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.

    thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?



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  • Rsamuga
    07-24 04:31 PM
    Hi -

    Thank you guys ...I really appreciate your prompt response for this query...

    Answer for Punjabi's question-
    My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.

    Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.

    I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...

    Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.

    With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.

    Once again thanks for your responses.....




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  • ssingh92
    12-30 08:52 PM
    If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.



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  • sameer2730
    02-03 08:54 AM
    Should it be the date you last received a valid I-94 at the POE or the date you entered from canada or mexico using AR?




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  • justin150377
    07-08 06:42 PM
    There is a reason FOX interviewed this fucker... I'm not a big fan of FOX news; another set of conservative idiots.



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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.




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  • jonty_11
    08-02 11:53 AM
    take a vacation....there is nothing u can do abt it!!!



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  • fearonlygod
    10-02 12:29 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.




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  • Desertfox
    09-10 06:04 PM
    I will give you a green!:)



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  • InTheMoment
    07-16 08:31 PM
    That would be incorrect "redgreen" please read the announcement once again note the words below carefully!

    USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed.




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  • h1techSlave
    02-24 08:00 AM
    So are you suggesting that the H1 cancellation was fine?

    The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.



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  • txh1b
    04-15 10:40 AM
    I think Air India is the best for elderly people.

    I second that. The food is certainly tolerable than the European carriers and the familiar desi faces help the elderly not to hesitate and ask for anything they need.




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  • veni001
    06-22 02:44 PM
    Make sure your LCA and H1B will be amended with the promotion first....

    I have been working with my current employer for the last 5 years in job title
    A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
    one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
    experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

    For the purpose of EB2 labor for the new position, I need to show 1 year of
    work experience.

    Question: Would I be able to use/show the work experience I
    gained when I was working in job title A with the same employer? i.e. Will I
    be able to use on-the-job work experience that I gained before I was promoted
    to the new position? Remember, the current job title B (for which EB2 labor is
    being filed) and requirements are significantly different from the previous job
    title A and requirements (which only qualified for a EB3). Have anyone got their
    labor approved in EB2 with work experience from the same employer? Are there any
    USCIS published documents that coult clarify this?

    I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
    labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
    what is the exact procedure for doing that?

    Is the attempt to process my labor in EB2 completely independent of my
    existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
    EB3 approved labor and I-140?

    Thanks much for your time in helping clarify this.



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  • txh1b
    08-17 05:39 PM
    One looks like a PM position involving lot of admin stuff and the other sounds technical enough. May have problems using AC21.




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  • waiting4gc
    07-17 07:33 PM
    eb2/eb3


    I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!

    Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009




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  • saratswain
    11-06 12:27 PM
    I did not have it either and I had tow A# number for me. This is what my lawyer did

    > Wrote a letter citing ref# to the porting rule
    > Submitted evidence

    I did it through my company attorney. I have full access to her though.

    Please send me a personal msg and I can give templates for the letter, it might help.

    Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.

    Did you use your own attorney?

    --Kiran




    Alabaman
    08-02 08:56 PM
    H:confused: ow do you all get around with "there has to be no US citizen that is able or willing to take up the job" thing?




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