Sunday, June 12, 2011

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  • uma001
    03-08 02:12 PM
    usually you will be asked for W2 for those years since your priority date.It doesnt matter when you entered US initially





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  • permfiling
    12-09 10:40 PM
    My cousin has a offer from a employer in CA who is willing to do H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know .

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.





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  • surabhi
    10-17 12:28 PM
    I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

    Contract - Corp-to-Corp ?
    Contract - W2 ?
    Contract to Hire - Independent ?
    Contract to Hire - W2 ?

    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21





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  • ken
    10-05 01:04 PM
    Do you have any LUD's on your case ? What about your wife case did you see any soft LUD's. From my experience if you have soft LUD's continuous for 2 or 3 days then its a sign of getting a decesion in a day or two.



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  • reddymjm
    04-17 03:48 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.





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  • Anders �stberg
    May 2nd, 2005, 02:38 PM
    Thanks Brent!
    I'll experiment a bit the next time, it's just practice runs so far so I can afford some misses.



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  • ysiad
    08-10 11:31 PM
    One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
    Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?

    Thanks.





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  • sku
    09-11 04:25 PM
    Just to clarify

    Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.



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  • minimalist
    10-18 11:55 AM
    Based on information I gathered,we need to have original 485 filing receipt to be able to use EAD for extending drivers licence. One question I would like to explore is has any one had success requesting a 485 receipt from USCIS?.I researched on the topic and called USCIS also and the answer I found is that USCIS will not reissue 485 receipt notice.I would like to see if any IVians have a different experience.





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  • nomorelogins
    01-28 08:52 PM
    @nozerd,
    could you please explain the logic/rules.
    The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.



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  • frostrated
    07-06 03:33 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.

    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.





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  • kumarc123
    07-16 03:02 PM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    Close your stupid post

    First you whine and complain of why dates didn't move, now you are focusing on when dates will retrogress?


    What is wrong with you all, if EB2 gets relieved from retrogress then next in line is EB3, First you all focus on reasons behind backlog and retrogression, come out with crazy analysis and now some idiots are putting on posts like
    dates may retrogress, all these dates have been possible because of the efforts of all IV members. Nobody wants to hear negative news now.

    Some other members with an idiotic ideology have similar posts


    Eb2 bad luck
    EB2 retrogress

    Grow up guys, everyone worked hard to see some results, as per now don't break everyone's spirit by posting all these stupid forms. Think positive and positive will happen.



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  • ramus
    06-27 02:33 PM
    I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.





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  • msp1976
    04-17 12:17 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

    I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
    Such type of contract is not legally enforceable....So you have to take your own decision....



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  • yabadaba
    06-18 12:46 PM
    factory man:

    if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.





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  • chanduv23
    05-04 04:49 PM
    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.

    Depends on what is in the denial letter. Usually such things need an experienced Attorney to handle MTR.

    MTR has few choices and Attorneys pick the choice based what they want to do to open up ur case. Remember, if u check the wrong box, your MTR may go to appeals office.

    The first step however is to get the denial letter in hand, and then talk to an experienced Attorney to handle ur case.



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  • GCNirvana007
    10-04 10:25 AM
    Just landed from India to the states with permanent residency and i got asked all the stupid questions you can imagine, atleast the immigration officer gave me some good amusement after a long trip

    One of the most intelligent questions is this

    How do you get money to buy a plance ticket if you were in india for few months





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  • kinvin
    05-08 02:50 PM
    A bidding war makes for �crazy� salaries across Asia
    By Sundeep Tucker

    Published: May 6 2007 19:15 | Last updated: May 6 2007 19:15

    A combination of strong economic growth, corporate ambition and a limited pool of managers and specialists has plunged Asian companies into a battle for top talent, from casinos in Macau gearing up for business to boom towns in resource-rich western Australia desperate to attract mining engineers.

    Salaries for top performers are being bid up to unheard of levels. Even Indian software engineers in Silicon Valley are returning home attracted by high ex-pat salary packages and senior positions, as are Chinese and Japanese-born bankers working in London and New York.

    Damien Chunilal, Merrill�s Lynch�s Pacific Rim chief operating officer, says: �The success of Asia�s economies has in some areas increased the pool of available talent. Emigrants are prepared to return home to fill positions that five years ago would not have attracted them. It�s a tighter market, but our overall hiring universe is bigger.�

    Which companies win this war for talent will go a long way to deciding which will succeed in the Asia Pacific region.

    The consensus is that recruiting and retaining skilled workers in Asia is harder and more expensive than ever. Headhunters warn that the inability to fill key positions with qualified people, mostly at senior level, is denting the regional expansion plans of many companies.

    The struggle to hire qualified staff is most acute in financial services, a sector whose fortunes are closely correlated with the level of growth. Demand for consumer banking in India and China is soaring and investment banks are adding personnel to service the region�s emerging acquisitive corporations.

    In addition, private equity firms and hedge funds have mushroomed over the past year, pinching scores of the region�s top investment bankers along the way, while the region�s newly-minted millionaires are demanding world-class wealth management services.

    The boom in financial services is also having knock-on effects in connected support industries such as accounting, law and public relations.

    A key problem for recruitment is the lack of fungibility of personnel across the different markets of the region, with its varied cultural, political and linguistic traditions. Headhunter Kevin Gibson, managing director of Robert Walters Japan, says: �You can relocate a Mexican to Argentina or an American to the UK. But you can�t move a senior manager from China to Japan unless they speak the language and enjoy the culture.�

    One senior Hong Kong-based executive for a global investment bank describes the situation as �crazy�. He said: �Banks are short of good staff all over the world but Asia is the hottest place by far. I have 28-year-olds coming into my office telling me that they are resigning because they have been offered a $1m job.� The executive blamed the wage inflation on a combination of factors, including new entrants who pay huge premiums to attract staff, the growth and expansion of hedge funds and private equity firms and the expansion plans of existing players. �It all means that there are too many potential employers chasing too few people,� he says.

    As well as drawing from the well of investment banks, private equity firms expanding in Asia have started to adopt US and European practice by luring senior industry executives. In recent weeks Carlyle Group of the US has poached the regional heads of Coca-Cola and Delphi to oversee the firm�s future investments across the consumer and industrial sectors respectively.

    The frenzy is thought to have prompted the Singapore government to broker an informal non-poaching agreement that effectively protects two local banks, DBS and OCBC, from aggressive foreign rivals.

    In China, analysts describe the talent shortage as �acute�. Steve Mullinjer, head of Heidrick & Struggles China practice, says: �There is a paradox of shortage among the plenty.� He believes that China requires 75,000 quality people to fill senior vacancies at multinationals and expanding domestic companies � but can only supply around 5,000 candidates with suitable experience.

    Wage inflation is running so hot that a locally-born general manager for a multinational can earn 20 per cent more than a counterpart in the US �with only 75 per cent of the skills set�, he says. �The reality is that executives in China are getting over-titled and overpaid. Underperformers who leave often resurface in jobs earning double the salary.�

    The talent shortage is also keenly felt in India, especially in the financial services and information technology sectors.

    Business is growing so fast that the industry�s lobby group has estimated that the Indian IT sector faces a shortfall of 500,000 professionals by 2010 that threatens the country�s dominance of global offshore IT services.

    Blue chip IT companies are plundering the entire talent pool across industries, stealing civil engineers and graduates from other disciplines and turning them into software engineers. This has left acute shortages in industries such as construction.

    Azim Premji, founder chairman of India�s Wipro, one of the world�s leading IT companies, says: �The multinationals are going berserk and are unnecessarily paying premiums to fill the positions.�

    The effect on pay rates has been predictable. According to Hewitt Associates, the consultancy, average salary increases in India are running at more than 14 per cent a year, compared with around 8 per cent in China and slightly less in South Korea and the Philippines.

    Dinesh Mirchandani, managing director of the India practice of Boyden, a global search firm, said that the annual salary for the typical chief executive of a mid-cap multinational in India, with just $100m sales, has doubled in the past five years to $250,000. He says: �At senior levels, the pay gap between those based in India and those elsewhere has narrowed dramatically. I even have an Indian national chief operating officer in a multinational here who is earning more than his Dubai-based boss.� Mr Mirchandani cites BP, Citibank and PepsiCo as multinationals that have prospered because they recruited and retained staff successfully by introducing favourable human resource policies.

    The recruitment market in Japan has tended to march to its own beat. However, the country�s economic recovery has created bottlenecks in sectors such as financial services, retail and pharmaceutical, while sectors such as precision engineering have been boosted by insatiable demand from China for their products. The talent war even has its plus points. One US investment banking executive working in Asia says that the situation has made it easier to get rid of underpeforming staff.

    He says: �In the past the worker might have been sacked. Nowadays we tell that worker to go and quietly solicit offers in the marketplace. They usually do so quickly, and can get a higher salary from a hedge fund or private equity firm. That way, nobody�s reputation gets sullied.�

    Copyright The Financial Times Limited 2007





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  • srisra
    07-13 09:25 PM
    my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

    he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
    is this wise idea...if i say yes.. he will file by next week..
    i already sent money for my wife...
    my company is not covering my wife's expenses.
    the lawyer is charing 600 for legal and 745 for filing...
    are these
    reasonable fees





    Templarian
    08-27 09:25 AM
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    CantLeaveAmerica
    04-16 02:06 PM
    I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!

    Hi,
    I used to live in Dallas, TX before. Flower Mound is an excellent place, great school district if u have kids, lovely houses and residential community, close to both DFW airport and Grapevine Mills Mall...u couldnt ask for a better place!



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