понедельник, 27 июня 2011 г.

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  • yagw
    08-04 06:33 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;


    Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D




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  • DareYouFireMe
    03-15 12:25 PM
    No

    As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.




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  • LostInGCProcess
    11-10 05:05 PM
    Hi,

    Thanks for the reply and sorry for creating multiple threads.

    - First H1B Employer "A"
    -----------------------------
    Approved: Oct 2006
    Stamped: December 2006
    Visa stamp valid till : Oct' 2009
    H1B transferred to Employer "B" : June 2007
    Traveling to India: November ' 2008

    On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
    I have moved to Employer "B" by that time.

    The Status of I-797 for Employer "A" on USCIS website got changed
    to "Cable sent to American Consulate or port of entry notifying them of approval.".

    My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

    If yes, doesn't that means that I will NOT be able to use that H1B
    visa stamping and *new* I-797 from Employer "B" at port of entry?

    Thanks again..look forward to your response

    You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.




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  • shsk
    07-19 10:51 PM
    Hi,
    I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
    :confused:








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  • Jaime
    07-26 03:36 PM
    Anyone know?




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  • TexDBoy
    10-09 11:46 AM
    My drivers license expired in between my H1B extension. As proof of identification, I showed EAD card and they accepted it



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  • sku
    09-14 11:39 AM
    Bump




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  • n77
    05-14 05:25 PM
    You are so pessimistic..
    At least you hope something is gonna happen after the elections..:):)



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  • DarkChild
    03-07 02:29 AM
    I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...

    not that it matters but you weren't the first one, first was paddy, then me, then you and then fern

    but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)




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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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  • franklin
    12-12 11:49 PM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.




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  • dpsg
    03-25 02:49 AM
    I fully agree we won't gain anything from fighting anyone.. But we need to create a parallel source of information on this website , which is based 100% on facts... so that rational people can make better judgements.

    I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
    shouldn't do same. We should build a unrefutable credibility for us.

    Regards and thanks for taking a challenging leadership role for this important endeavour.



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  • pappu
    08-15 08:41 AM
    what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
    do they have any word to say in this deep visa retrogression for indian origin?

    they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.




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  • ramus
    06-07 01:10 PM
    Please contribute to IV..
    Thanks.




    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:



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  • roseball
    04-03 02:49 PM
    I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008

    Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....




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  • prouddesi
    10-15 05:08 PM
    ^^^^^^
    Hello Folks,

    We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.

    Venue: Diwali Mela, San Diego.
    Date: Saturday, November 10th.
    Target: A whopping 5000 visitors for recruitment and educational purposes.

    I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!

    PLEASE SIGN-UP on the yahoo groups spreadsheet.

    Thank you in advance! :)



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  • brb2
    03-26 08:58 PM
    The worst thing about TOI is that they routinely censor out on-line posts which are critical of their article/opinion. Since then I have stopped posting anything on TOI. On-line editors seem to be control freaks.




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  • rajbgp2002
    07-19 04:08 PM
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



    Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
    The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
    In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
    The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
    o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
    o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
    This process is not available for applications closed on grounds unrelated to nonreceipt
    of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
    What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
    Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
    1.
    E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
    2.
    The subject line of the e-mail should read �Request to Reopen�.
    3.
    Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
    4.
    The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:

    Name of employer and correct current address.

    Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.

    Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).

    Name of the alien named on the application.
    The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
    o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
    o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
    o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
    What can I expect in response to my request to reopen?
    Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
    of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
    Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
    How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
    The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
    If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
    May I contact the BECs by regular mail instead of email?
    No, the request to re-open a case must come into the centers electronically.
    Who may make the request to re-open a case if we believe it was improperly closed?
    Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
    Do I have to submit my request to re-open a case within a certain time period?
    Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
    To whom will responses be sent?
    The email responses will only be sent to the employer or attorney who initiated the request.
    What do I do if I have not received a �45-day� letter by July 21, 2006?
    If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
    A. Attorney name and address
    B. Employer�s name and address
    C. Alien�s name and address
    D. Priority Date
    E. State or Regional location and/or number where case was originally filed
    OFLC will publish its policy regarding such cases under separate cover.




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  • anilsal
    03-21 12:37 AM
    Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.

    I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).




    pappu
    06-30 07:06 PM
    update
    http://immigrationvoice.org/forum/showthread.php?t=5883




    BharatPremi
    07-17 10:29 PM
    DIGG THIS PLEASE:

    http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards



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