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  • karthikgk
    02-20 08:30 AM
    Thanks vegasbaby. The info is quite usefull





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  • meridiani.planum
    06-01 08:01 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

    its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).





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  • maveric979
    09-08 10:38 AM
    Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS





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  • snathan
    02-15 01:54 AM
    i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

    But now he is claiming that i cant join full time with the client as well.

    During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

    Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?

    Didnt you read the paper before sign the paper. Also dont you have the copy of that



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  • indrachat_75
    05-25 11:03 PM
    This is simply great.

    Indra





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  • snathan
    01-22 08:25 PM
    I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

    The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

    So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?

    Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.

    PS: Check with attorney.



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  • franklin
    07-17 05:43 PM
    Thanks To You All It Would Not Have Been Possible Without Your Support!!!!!!!!!!!!!!!!

    Actually, it wouldn't have been possible without donations from members on the board as well.

    There is MUCH more to do and fight for.

    Please donate!





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  • singhsa3
    06-01 08:31 PM
    My apologies, I thought your were talking about H1 Labor
    It will be great if someone can send me any reference to confirm that it is illegal..



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  • saimrathi
    07-03 11:20 AM
    Well, here are the thoughts.

    American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

    If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

    Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

    Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.

    Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...





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  • snathan
    02-24 11:19 AM
    snathan,
    I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern…

    no...education also checked during I-140. Just google 3 years degree and I-140 issues. Most of the time the PERM is gettting approval and only during the I-140 process people are facing issues.



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  • sanju_dba
    01-04 12:12 PM
    i would prefer to be a documentary instead of a feature film!





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  • dudu
    05-09 03:02 PM
    Just some throught?

    Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.



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  • REEF�
    06-11 03:52 PM
    And everyone has a side with some boobies!





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  • sanz
    03-31 12:07 PM
    Sen. Grassley calls for new L-1 visa probe
    Raises concern that a 2006 report on L-1 visa was ignored
    WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.

    Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."

    Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.

    The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.

    In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.

    In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.

    The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.

    Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program



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  • chanduv23
    09-14 02:12 PM
    Nothing will happen to you

    Just follow your heart

    Will se you in DC





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  • Ramba
    05-22 12:22 PM
    Filing 485 after june 10 may not help much. Because, state deprtment will move the date based on number of 485 approval (already filed before retrogression) by june first week, not by number of new 485s recived by june first week.

    However, it is a good idea. Perhaps this time they may moniter the number of 485 recived on or before june 10. Unlike H1B, one can submit the new 485 on or before june 30. No need to rush.



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  • ItIsNotFunny
    10-23 03:57 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.

    First of all how did she buy one way ticket. Most IATA makes sure that temporary visa don't get one way ticket.

    There are good amount of chances (intend to immigrate) at port.





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  • stemcell
    03-07 09:48 PM
    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.





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  • ksvreg
    02-24 08:17 PM
    I have been full-time with big company for the past 9 years. Stuck with EB3. I need a serious input from you guys about joining in a new company and applying EB2. I probably get new employment with a small firm of size 100-150 employees. I have MS from USA in 2005. Is it good idea to join in new company or is it a worth waiting for EB3 dates. My PD is in 2003. What if you are in my situation? Please advise. Thanks.





    Nadiya
    08-08 04:21 PM
    I'll be there and will try to bring friends.





    ashkam
    12-02 08:27 AM
    hi ashkam,

    what is the best way to get Transit VISA?

    i have only 2 hours between connecting flights. need to get it here in US?

    thx

    I'm not sure if you require a transit visa if you're traveling from the US to India and if you have an Indian passport. But you need to double check. If you're traveling from India to the US, you can get it in 5 business days. You have to submit your application in any one of the vfs (http://www.vfs-uk-in.com/) offices in India. You could probably get it from the US too, I guess but I am not sure how you would go about doing it.



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