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  • jung.lee
    03-03 02:30 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.





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  • LostInGCProcess
    06-12 06:02 PM
    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet


    They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

    Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

    And its signed by both parties of NEW and OLD company.

    Is this letter sufficient for me to hang on to?
    Should I ask for EVL too?

    I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.





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  • akhilmahajan
    07-13 07:22 AM
    Also invited 15 other friends to do the same.





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  • xbohdpukc
    03-26 07:33 PM
    Wow ! We are in wrong field :)

    Deduct all the required insurance premiums, work related stress, real possibility of a major screwup/lawsuit, as well as years spent in school/residency/training etc, and I'm sure you'll reconsider your position about being in a wrong field :D



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  • martinvisalaw
    09-27 06:12 PM
    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?

    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.





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  • american_dreams
    08-01 01:51 PM
    Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.

    In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.

    So do not worry about which version of the form you are using. Make sure you are including the correct fee.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    BTW, i have the old forms if anyone really needs them.



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  • delhirocks
    07-05 01:10 PM
    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........

    This has nothing to do with our situation. Situation described in the artlicle above is far worse than what we face. Please mantain the perspective.





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  • Desiguy786
    04-02 03:35 PM
    Gurus/Attorneys,

    My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

    Any inputs/suggestions are greatly appreciated!!



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  • bandya
    04-28 03:30 PM
    Second contribution of $200. Contributed $400 till now.
    Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!





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  • gapala
    08-02 07:21 PM
    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...

    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?



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  • drsilver
    July 5th, 2006, 05:27 PM
    OK, I've got it all figured out. (I confess, I've got nothing figured out, but it felt good to write that.)

    Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.

    My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.

    My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.

    Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?

    One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.

    I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.

    Tip (or rant, depending on your disposition) Of the Day
    (I'm trying to give as much as I take on the board):

    As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.

    All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.

    No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.

    I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.

    I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)

    Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?

    Thanks again,
    --ken





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  • chanduv23
    10-05 09:32 AM
    People are going to Sikkim these days. Heard it is amazing. You can consider going to places like Andaman or Maledives or Nepal too.



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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.





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  • sammyb
    10-09 04:24 PM
    E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.



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  • PDOCT05
    10-29 01:10 PM
    ^^^^^^^^^^^^^bump^^^^^^^^^^^^^^^





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  • sunny1000
    12-15 12:37 AM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks

    Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.

    Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.



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  • immi_enthu
    10-01 04:58 PM
    I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well

    Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.

    Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.





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  • mhtanim
    11-26 06:06 PM
    My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?

    Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.

    The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.





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  • caliducas
    06-06 05:19 PM
    We are interested in knowing the source of this rule!
    If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.

    To be honest, I have no idea. That's what my attorney told me. I hope she's right then.





    h1techSlave
    10-28 02:14 PM
    what visa are these legal immigrants coming on?


    The author is talking about Family visa categories here.





    rockstart
    05-28 10:11 AM
    field 11 (have you previously applied for EAD ) there is a column called
    "Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.


    Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.

    Does some one have a mockup sample they can share with others?



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