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  • aranya
    01-15 04:13 PM
    Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).

    Let us know how it goes.

    Cheers,
    -b

    My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.





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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?





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  • bbenhill
    07-11 01:04 PM
    common guys, at least there is a good news for EB2-I. please don't ruin it. be always positive instead of negative. :) I guess praying is better than doing infopass at this moment :)





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  • like_watching_paint_dry
    07-13 09:56 PM
    Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren for taking our cause to heart and using her position to ask the right questions that has led USCIS to consider some action to alleviate the pain they caused us by creating this mess. I figured we could show our appreciation for what she did to help us out.

    Just a thought.....



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  • tinuverma
    11-09 09:44 AM
    Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
    Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).

    Peace.

    Thanks in advance.





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  • pappu
    09-08 01:29 PM
    *
    Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.



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  • ampudhukode
    01-14 05:03 PM
    TiE is a good place too. Of late it has become very crowded I heard. If you have a specific area( ie. Wireless, Semiconductor, Enterprise Software) that you are interested in there will def be SIGs(Special Interest Groups) for these in most orgs and you can join them and network your way through.





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  • little_willy
    08-15 11:46 PM
    Sent you a PM. Please check. Thanks.

    Folks,

    Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.

    This is my personal view , please ignore if you feel its not right.



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  • raju123
    02-09 07:44 PM
    This is very serious matter. EB community should strongly oppose
    It is time for Fight to Finish !

    I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A





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  • ras
    05-28 01:57 PM
    If the fee is reduced then it will have impact on the number of personnel that USCIS can employ which inturn delays the whole application process. So rather with the fee let the USCIS have enough personnel to dispose of the cases.

    And of course as mentioned above it is good idea that the attorneys take less fee so the burden is less on the applicant. And may be USCIS could simplify and come up with application procedures such that there is not much of an attorney intervention to comply with the law.



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  • LostInGCProcess
    10-24 12:56 PM
    Unless your parents have SSN, you can't really claim exemption. .

    This is not true.
    I have claimed my parents as dependents when they visited me a year ago for about 5 months.
    When you submit your tax returns to IRS, at that time they apply for ITIN (if they don't have one) for the parents. That what I did....however, I went thru a CPA.

    Thanks





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  • kanvenk
    12-04 12:56 PM
    I'm from Dallas, TX.



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  • aranya
    01-15 04:13 PM
    Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).

    Let us know how it goes.

    Cheers,
    -b

    My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.





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  • gulute
    09-16 02:57 AM
    The major grievance of people on H1 was their spouses cannot work and when the ruling came into effect that the time spent on H4 will not be counted and a new 6 year term is possible, H4s massively applied for H1, and this year�s H1 quota was over on the first day itself and then the lotto! Now when the H1 is approved they are too chicken and do not want to work!

    They have taken away these most coveted H1 visa numbers from qualified professionals who wanted to come and work in this country. Please don�t do this next year!

    So far two, any more in the same situation! :confused:

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.



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  • kumar1
    03-20 11:35 AM
    I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.





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  • reedandbamboo
    09-14 10:37 AM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

    OR,

    it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..



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  • gc@waiting
    09-30 07:01 PM
    Thanks very much dingudi.

    BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?





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  • waitnwatch
    07-06 11:31 AM
    Thanks for your answers. I will consult a lawyer but I have to find one in the first place as I did a self filing.

    My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.

    Any other suggestions are most welcome.





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  • WillIWin?
    02-18 10:16 AM
    Hello everyone,

    I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.

    The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).

    I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?

    Your reasoning is nearly correct. But you are missing Two points:
    1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
    2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

    Am I making much sense ?





    sweet_jungle
    10-05 11:08 PM
    My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....

    Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes

    I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
    Lawyer has suggested using 485 EAD once it comes.
    Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
    I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
    Let me know if you can some concrete info on this.





    ahnewGC
    04-10 07:17 PM
    Hi,

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions



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