Monday, June 13, 2011

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  • unaikax
    01-04 07:15 PM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?




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  • texcan
    08-22 03:00 PM
    " Rally in each state" is a fantastic idea. Lets do it.
    But lets concentrate on one location in Texas and for that matter in
    every state to pack more punch.

    I think everyone can drive to one common location in texas.
    Since Austin is capital, i propose rally in Austin for Texas.


    Let do it.




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  • kish006
    12-25 08:56 AM
    agc2005,

    Thanks for the reply.
    I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.

    THanks

    Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
    Please send your experince.

    Can I make this expedite. As I planning to go to India in Jan.




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  • anil
    06-15 10:28 AM
    Gurus,
    One more confusion, guess I'm confused a lot now:confused:

    Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?

    Thanks a lot!



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  • prioritydate
    07-25 12:11 PM
    May be true if they are doing other work, like working on the Family based immigration. But here I am talking about dedicated I-485 application processors. This is just an assumption. I am sure that USCIS have lot of employees than our assumption. I am sure that USCIS is lot more capable, and it they genuinely wants to speedify the process, they could. I sincerely hope that USCIS, with it's new revenue that it is going to get in August, would add workforce to process applications in a timely manner.




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  • marlon2006
    06-14 11:30 AM
    Yes. It seems that NY was a little behind NSC.
    It is a very, very inconvenient situation to be in. We are getting older and this lack of professional freedom has potential to ruin our careers you know.
    Since it is now on Oct/2001, it seems you should be getting closer to file I-485. Chances are you will be able to see this going to Nov/2001 as early as next month ! That could give you some relief.

    I started my masters, but ironically, we are not eligible for in-state tuition therefore I put studies on hold, waiting for the GC. It is hard paying from our own pockets, it is very expensive and at the same time I already received job offers from employers in this area that would be willing to pay the graduate studies 100%, but again, I am waiting for the GC so that I could move on.



    Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:



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  • zCool
    07-16 07:21 PM
    I think IV did great today. BUT
    lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
    So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
    I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
    This is time to be calm, AND YES DISCREET!!!!

    Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?




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  • Jaime
    09-04 10:40 AM
    With 100,000 already gone, and with frustrations growing at a boiling point, the pressure being applied upon us will force us onto the path of least resistance. How long before we are all gone? If you are an American reading this, did you know that every other industralized country faces declining population? Do you really want the future population growth of the U.S>to come solely from illegal Salvadorean maids? Do you wnat the high-skilled people to move away to China and India and then see your quality of life deteriorate?

    http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml

    U.S. faces decline in skilled workers
    New study says the wait for a green card frustrates immigrants.
    By Madhusmita Bora, Times Staff Writer
    Published August 23, 2007

    The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.

    The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.

    So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.

    On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.

    The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.

    "It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.

    "There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"

    Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.

    Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
    In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.

    "Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."

    And the ripple affects are already emerging in the Tampa Bay area.

    "It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."

    But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.

    Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.

    "And the demand for American business schools to go deliver programs in other countries have increased," he said.

    Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.

    The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.

    "There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.

    Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.

    He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.

    "I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."

    Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.

    "This is not the only place to be anymore," he said. "You can find better opportunities everywhere."

    By the numbers
    200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
    50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
    125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
    100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.

    Highlights of Kauffman Foundation reports
    - Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
    - One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
    - More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
    -Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
    - Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.

    Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.

    [Last modified August 22, 2007, 23:19:43]



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  • bijualex29
    08-14 02:54 PM
    This is purley an example of Mailroom confusion.

    You may be able to resend it clearly explaining the Mail room error.

    It is best to avoid this kind of confusion. This Mail room people are not trained well to calculate or think like you and me are thinking.

    You might have seen the cashier at walmart. If you buy worth of 20$ and you give 50$. They need calculator to figure it our how much to return.




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  • reddog
    04-08 04:19 PM
    All i am asking is the media they know and number of users. I dont know what you talking about.

    Ok, how do we contact the state representative. Through the county representative, then the city, then street?

    We are IV. I believe that is what chandu meant. Core is just a group of people who incidentally reserved the domain name and configured joomla.



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  • vishwak
    08-05 10:08 AM
    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---
    Hello......I'm in same situation couple of months back and I got below feedback from Attorney..which might help you.

    Thank you for your inquiry.

    You cannot return to the US with an Advance Parole (AP) that was approved
    while you were gone. You must have the AP in hand when you leave the US if
    you want to use that AP to return. Therefore, you cannot travel with just
    the AP receipt number.

    As per this message your wife should come back US on Old Unexpired AP.




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  • WeShallOvercome
    07-20 02:11 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.



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  • sreeanne
    11-13 04:28 PM
    Dont worry. You are about to get your FP notices :o




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  • aph0025
    01-20 03:02 PM
    Hi Amul,
    Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.

    Update:
    I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.

    Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.



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  • newbie2020
    05-18 07:42 AM
    This one is an earlier bills introduced earlier ,This is similar to the bills being discussed

    http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::

    Since the text of this bill is similar to other bill should we try to get these law maker's support.





    http://www.house.gov/apps/list/press...vatorsAct.html

    KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”




    (Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.

    “The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”

    “We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”

    “We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”




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  • Soul
    05-27 09:10 AM
    Thanks :thumb:

    I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic

    - Soul :s:



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  • anilsal
    08-05 08:04 PM
    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.




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  • chicagobuddy
    05-25 01:02 PM
    thanks dude..

    if you don't mind, can you please answer few questions?

    Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?

    Could you list out documents you carried for stamping?




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  • LostInGCProcess
    08-30 02:11 PM
    Isnt recording conversations without the consent illegal? :confused:

    Found on the net:

    The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

    12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    It is illegal under all jurisdictions to record calls in which one is not a party.

    A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

    http://www.rcfp.org/taping/states.html




    lskreddy
    04-12 09:51 AM
    Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.

    If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.

    If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.




    maxy
    09-27 09:47 AM
    I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)



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