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  • snathan
    07-31 01:23 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    Pls answer the above 3 questions.


    No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you





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  • hemya
    08-18 10:17 AM
    Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.

    Approval date was July 14th





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  • chanduv23
    12-08 05:29 PM
    Come on folks - please contribute towards the efforts





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  • anemmani
    01-04 01:06 PM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?

    nit_sea,

    You need to ask yourself the following questions.

    Which university/college is your wife going to?
    - Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.

    Does she have an offer for financial assistance from the university?
    - She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.

    Is she interested in OPT option available to F1 students?
    - Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.

    In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.

    Nag



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  • sukhyani
    09-04 04:19 PM
    You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...

    What was the Approval date on your I140?





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  • virald
    01-31 09:30 PM
    Has anyone analyzed who would be an ideal president from our point of view? Does IV think any candidate is more pro-legal immigrant than the other?



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  • Akia
    03-25 08:48 AM
    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

    You must also look at the "actual wage."

    Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?





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  • nihar
    11-30 05:05 PM
    Dhundun you have hit the nail on the head . Now i will be more clear

    I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???



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  • nanibabu
    10-06 10:49 PM
    Nevermind. Online status of my case just changed to Card production ordered. Finally.





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  • Rajeev
    10-10 09:58 PM
    It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill.



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  • rockstart
    04-23 04:17 PM
    Thanks for the response guys. I think it is better to change address because address forwarding does not work with USCIS letters. I have seen the trouble my friend had to go through to get his GC.





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  • jonty_11
    12-15 10:34 AM
    recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.



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  • supreet
    05-15 12:46 AM
    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S





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  • conchshell
    04-24 10:30 AM
    Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
    http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary

    and the members of the sub-committee:
    http://judiciary.house.gov/committeestructure.aspx?committee=4

    What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).



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  • GCKarma
    07-21 08:57 PM
    With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?





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  • amsh
    08-22 04:01 PM
    Hi there,

    Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

    Note: Still I am working for the same sponsered employer.

    1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?
    -both applications are independent of each other
    2. What happens to my EB3 processing if my EB2 got rejected for some reason?
    ----it remains valid

    3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?
    ---No risk
    4. What all the requirements filing EB2 for converting from EB3?
    ------5 years of progressive experience or post graduate degree and the job for which you are working for requires that .
    I would really appreciate your answers.

    Thanks,
    Matt.

    Hi Matt



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  • jnraajan
    03-27 01:14 PM
    Hey Dont Thank me. Thank IV, which is you and me and everyone else.

    Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.





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  • Eberth
    10-28 10:12 PM
    hehe, ok lost!

    yeah, and i have lots of trouble on getting new clients, because im a 16 years old high school student, and because of that, people think that is too much money for someone of my age, and others think that a person of my age cant do a professional job, that's the main problem i have :( and i dont know how to go and offer my services,i dont know even what to say ( maybe what reverendflash said with the sign hehe,:smirk: ) also if you could give me some advices, on how to offer webdesign, i'd be greatfull ;)





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  • piyu7444
    04-28 03:32 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.


    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

    I m joining new company by changing H1.
    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter

    Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.

    There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)

    It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.

    You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.

    I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.

    Hope this helps...........





    ss_79
    05-10 04:18 PM
    I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.





    jmafonseca
    November 9th, 2004, 09:11 AM
    Hi all, my first post here. The forum has been truly useful so far and I'm glad to join today. I was one of those just lurking around but now I really need the feedback from D70 experts here since my 6 month old D70 won't work anymore overnight. I just put it back in the shock-proof case and it slept there, next morning it was no longer usable.

    It seems like it's resetting constantly by itself. The MENU key shows the menu briefly and disappears, the last picture review button shows the last picture on the flash card briefly and also disappears.

    When there's a card in it blinks the green light about once a second. Seems like it's really rebooting every second.

    There is no display on the control LCD near the on/off switch. It is blank and does not show any traces of anything, just plain blank.

    On the big LCD preview screen it is normally blank but like I said it does briefly display the last picture taken when you press review, but then disappears also at 1 second interval.

    When the menu shows briefly after pressing MENU the movement keys do not affect the selection, all keys seem disabled during that brief period of time.

    I've changed batteries, lenses, pushed every button and checked the lens socket connectors to see if anything looked strange - everything seems ok here. Tested the same batteries on another D70 and worked perfect just this morning.

    It has taken no shocks or beating. It's a brand new D70 (6 months and a few days) and my retailer denies me warranty after 6 months - Murphy's Law applied to warranties says your equipment will break exactly after the warranty voids. I feel like I've been ripped off buying a refurbished piece for the price of a new one...but that's for another discussion.

    I've written Nikon a few minutes ago but in the meantime I'd like to know if anyone here knows of a "keylock" switch or something that could disallow me access to the camera. Or could be a stuck reset switch or something like that. The menu shows and the internal mechanism is ok because it can read the last photo and displays readable stuff. The reset on the bottom of the camera does not seem ot reset anything, it just blanks the screen out briefly but then it goes back into an infinite reboot loop.

    Help please!

    Thanks and glad to join this forum.



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