Sunday, June 12, 2011

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  • unaikax
    01-04 07:15 PM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?




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  • WaldenPond
    01-02 10:42 AM
    Excellent idea logiclife.




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  • alterego
    04-09 11:20 PM
    Take the offer on EAD as you are now legally eligible to do.
    In the unlikely event that something happens to your 485, you could then approach the program and ask them to do a H1 visa for you, otherwise you would have to leave the program. They would likely not risk losing GME funding.
    Nowadays getting a good fellowship has gotten rather difficult, I'd consider taking the small risk involved.
    Consult a good attorney to get their professional advise.




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  • thepaew
    09-24 02:20 PM
    Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.

    Think it through and good luck with your decision. Wish you the Best.


    here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
    I do not want to reset my GC process.
    Anybody getting ready for RI next month?



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  • hopein07
    03-14 01:11 PM
    hopein07 - thanks a ton again

    Any idea about Australia?

    Not much idea about Australia but you don't want to go Down Under. It's very racist and discriminatory in every aspect. Besides, the accent.... OMG... simply unbearable :mad:

    You can get some info from a forum for British expats in oz:
    http://britishexpats.com/forum/forumdisplay.php?f=32

    All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.




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  • palnati
    07-20 01:48 PM
    It doesn't matter. You can file G-325 or G-325A.



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  • sunny1000
    02-09 03:00 AM
    well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?

    I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:

    http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church

    You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.




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  • linuxra
    07-22 11:56 AM
    I submitted RFE with all necessary documents from my side everything is ok...
    i got an email that my docs recieved and rfe docs recieved...
    thats it nothing recieved after that and my pd is current next month



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  • kumara121
    04-08 05:05 PM
    USCIS demand sheet shows 17000 GC inventory until 2006. When the EB1 spillover to EB2 is 12000, don't understand how the dates moved less than 2 months. It looks like USCIS is very confused and making us all confused.

    only good thing here is some movement is much much better than nothing.




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  • Illuminae
    05-27 05:00 PM
    lmao... this is great. :beam:



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  • mambarg
    08-05 06:13 PM
    With 700K predicted applications pending From July ,
    Was just wondering what will be long term effects.
    Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
    Now coming July which is 6 months prior to expiry of 1st EAD.
    There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?

    It is like any surge in electric voltage generally blows away the device.
    I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
    I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
    Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??

    What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?




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  • americandesi
    10-29 06:25 PM
    and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?

    LOL You made my day with that comment :D



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  • aj1234567
    09-27 05:04 PM
    Hi Gurus-
    One of my friends had received strange letter from the consulate saying that

    We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.

    With this letter we are returning your passport. no additional information or documents are required from you.

    We will contact you once a final decision has been made on your application

    Please advice me why they send this letter and what necessary action we need to take..


    Thanks
    Aj




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  • kingkon_2000
    04-16 09:56 AM
    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)


    Congratulations to you and family... seems like things are moving forward for us... Really happy for you...



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  • newuser
    08-17 12:10 PM
    For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.

    I agree with ashkam. If you renew online, you can get it for 4 years. But if you go in person to DMV, they will issue based in EAD.




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  • virginia_desi
    05-15 12:15 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.

    Once AOS is filed under EB3, it can't be simply upgraded to EB2.

    However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?



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  • mjULTRA
    05-27 06:42 PM
    i voted for golgi, cuz it had a theme, but festers site deserves an honorable mention.




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  • ryan
    04-29 07:45 PM
    Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.

    America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)

    How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."

    Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.




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  • ajju
    10-13 05:57 PM
    But ksircar, instead of accepting can't we raise red flags to USCIS?
    This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

    It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?

    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Gov: Show me the money?
    USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
    Gov: why are you not moving dates and making more money?
    USCIS: Okay we'll issue 2year EAD and accept more new apps...
    and so on...




    brimos
    05-16 01:58 PM
    Is there anything currently to actually stop us from all throwing in the towel with the LC process and just stating that we've been here for x years and paid $x taxes and getting on the illegal's bandwagon?




    brick2006
    04-21 03:44 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:


    BTW are you from IT BHU?



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