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  • srikanthmavurapu
    08-16 12:29 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth




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  • GCwaitforever
    08-16 11:25 AM
    I checked UK Embassy web site this weekend. Apparently they ask for original certificates while taking application for HSMP. That is a sticking point with me. Also could someone suggest a good site to look for UK jobs? What are the pros and cons? Any ideas on the life style in UK? What is the impact of latest terror plots on life etc ...

    I will post the Embassy links directly when I get home. You should be able to do it yourself without having to go through a middleman. I guess workpermit.com is a middleman.




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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date




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  • BhanuPriya
    01-13 07:27 PM
    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu



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  • SivaMayam
    07-17 07:35 PM
    Dear Nachi,

    I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
    http://www.immigration.com/improving_immigration/conference_calls.html
    Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
    Good luck

    ~S




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  • sunny1000
    11-27 03:27 PM
    Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.

    This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..

    I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:

    I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.

    Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
    I am looking at ~ Rs 2,000 for 7 hours..

    Any help is appreciated..:)

    Waiting Game,

    I don't know about Mumbai but, as you know in Chennai, they don't give back the passport until the next day atleast. I got mine 2 days later at Chennai last month, that too by going personally to the VFS office to pick it up. So, you may want to give yourself at least a day for your flight back.

    Good luck with your stamping.



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  • chanduv23
    05-05 08:49 AM
    The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????

    Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.

    So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.

    Hope this helps.

    You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.




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  • pathiren
    07-20 05:23 PM
    May be we should gather momentum, and ask ImmigrationVoice to start working to address the issue of past backlogs as well as future backlogs too. Moderators, please make a note of this thread and direct us on path forward. May be another flower revolution; or may be we should send pens saying "Change the immigration law and make US a beacon of freedom". This will decide the fate of millions of people in US waiting for their GC approval.

    All directions from Immigrationvoice would be appreciated.

    Thanks again for your response and keep on sending more responses.



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  • gc_check
    09-08 05:06 PM
    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.




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  • scho69
    01-02 11:45 AM
    Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?



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  • tikka
    06-22 09:30 AM
    My laywer has adviced me that the skin test is mandatory


    The Tb (skin test) is mandatory..




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  • REQUIRE_GC
    07-13 10:08 AM
    This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.

    I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
    You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck



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  • vineet
    01-17 07:32 PM
    Heard about a similar issue with the EAD for a colleague at work today. Will let you know what the company lawyers recommend him to do....

    -Viny




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  • snathan
    08-18 03:16 PM
    Thanks for the replies guys....

    TXH1B,

    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.

    I think you are in trouble. The USCIS asked for your previous employer's pay stub but you supplied the pay stub from current employer. There is a strong possibility for denial. Then your employment became unauthorized. So hope for the best and prepare for the worst.



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  • sledge_hammer
    02-07 01:08 PM
    EB2 India - Please take this poll(login required)




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  • black_logs
    04-13 10:00 AM
    But before you send it you make sure you do not want the labor substitution to stay. The AILA draft supports labor substitution.
    Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851



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  • Administrator2
    08-05 12:04 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch


    If you are in an emergency situation and need to renew your ppt on urgent basis, please send me a PM.




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  • eb3_nepa
    04-27 06:13 PM
    Apologise for 2 threads on the same thing. Tried going back and modifying the text a little bit, only to create a new thread.




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  • bhasky25
    08-13 02:17 PM
    The fee increase is only for companies which has more 50% of their employees on H1B visa. So counting 85K visa's for 4 years is not correct.




    pmat
    01-31 03:06 PM
    how can one get copy of i140? does it not belong to the company?

    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.




    solaris27
    02-24 12:04 PM
    its depends ...

    my CPA deducted below expenses

    1) my and wife air ticket to india for visa stamping.
    2) All visa fees
    3) all hotel exp.
    4) All attorney and USCIS fees .


    but check with your CPA .



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