Saturday, June 25, 2011

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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?





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  • solaris27
    03-31 08:52 AM
    Congratulations





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  • anai
    06-04 10:36 AM
    Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.

    As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?

    (Couldn't resist. Just trying to find something humorous in our common misery.)





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  • SDdesi
    06-15 07:57 PM
    WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.



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  • chanduv23
    09-14 04:02 PM
    I just _have_ to ask: what game was that?

    That is Cricket.





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  • eager_immi
    04-05 08:15 AM
    if it is urgent shouldn't you consult a lawyer?



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  • anilsal
    03-14 09:32 AM
    This topic seems to be gray for H1B holders. What is allowed and what is not.

    * What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".





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  • ksurjan
    10-05 01:30 PM
    Folks,
    Who receives the AP approval? lawyer or the beneficiary?



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  • TheColonial
    04-24 12:18 AM
    Search SDL its a nice way to learn graphics and moving imges and such.

    http://en.wikipedia.org/wiki/Simple_DirectMedia_Layer

    Whoa! The guy says he wants to learn Win32 and you point him at SDL? Interesting! :)

    Everything that you want to do can be achieved without touching DirectX or OpenGL (and hence SDL), and using them will only confuse you if you're looking to learn to write Windows code.

    I'd recommend attempting your problem using nothing but Win32 and the core C++ functionality - IMHO, you should avoid muddying the waters with other APIs.

    Just my $0.02.
    OJ





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  • Project_A
    11-11 10:48 AM
    Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?

    Thank you
    Project_A



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  • tnite
    06-19 09:41 AM
    Part 2 application type
    I use EB3 , which one should I check? a ?
    my wife file with me, which one should she check? b?

    part 3 processing information
    were you inspected by a US immigration officer? yes or no

    what does the "inspected" mean?

    You shld check a , if you're the primary applicant
    you wife shld check b

    yes, everyone who gets a stamp and comes through port of entry and gets stamped , questioned is inspected by a US immigration officer





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  • needhelp!
    10-10 11:37 AM
    perks included..



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  • pointlesswait
    01-09 02:13 PM
    it will be a status quo! i will be surprised if it moves!!!





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  • coopheal
    09-07 03:17 PM
    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    Yes where is my green card?



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  • aug2007
    02-24 07:53 AM
    Thank you theshiningsun and chanduv23.

    Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

    I want to clarify little more.

    1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

    2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?





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  • jatinr
    08-17 10:12 PM
    And you will there with your friend...//wink.. correct.

    USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.



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  • ilovestirfries
    07-06 10:28 AM
    I thought that Kaiser was only for Western States. Is it there for other places also?

    A little peek into Kaiser's website will help you a long way in answering your basic questions...

    Here is the info. about their locations,

    http://members.kaiserpermanente.org/kpweb/toc.do?theme=locate_members

    Here is their website, where you can do "SEARCH" before you ask any kind of basic questions,

    http://www.kaiserpermanente.org/





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  • Oct007
    11-11 08:53 PM
    I have followed what many people suggested and applied for the H1B renewal.

    Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.

    I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?





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  • mpadapa
    08-04 03:36 PM
    Based on what you have said. She is not even entitled for EAD, because U, mentioned that she got married after 485 was filed by here spouse. If the spouse had added her as dependent after marriage then she can derive EAD and AP benefits. Also if she is a dependent on his 485 there should be some concrete evidence (divorce papers) for him to drop her out of the dependent status.


    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    ..............?
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    ..............?
    --He had filed his 485 before she got married to him.





    pnara2
    01-24 12:37 PM
    Appreciate your response. Thanks for the useful information.





    americandesi
    04-06 01:31 PM
    Refer http://www.murthy.com/pr_thngs.html and search for

    "It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."

    As suggested by "Optimystic", any time between 6 to 12 months should be ok.



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