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  • gauravster
    12-03 09:25 AM
    One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.

    You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.




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  • YesGC_NoGC
    06-20 09:35 AM
    Thanks

    I will see if they agree to that or I will skip this opportunity and look for something else.

    What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?

    I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.

    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.




    If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).

    If anything try to negotiate your external title with your prospective employer.

    Good luck, can understand your frustration.




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  • galacticman
    03-06 07:30 PM
    Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!

    ***************
    EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07




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  • black_logs
    05-23 08:19 AM
    This is what we are doing every day. Our team & QGA are in constant touch with the offices of several senators. We are definitely concentrating on the 2 senators you have named here. We are very hopeful that something will come up soon. But again until it really comes to the floor all we can do is keep the hope and spirits high!!!!
    - Why is it not possible for IV to convince brownback or cronyn to support in a amedment that backlog reduction section for legal immigrants could take effect immdiately. it looks like for legal immigrants except for sen.session no one opposes any provision.
    Thanks
    vikram



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  • GC08
    07-08 08:37 PM
    Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.

    I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?




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  • ssdtm
    10-13 03:34 PM
    You are going there for a visa as a professional ( in IT, medicine etc). Dress like a professional. Need not be in a tie, but semi formal is recommended. How you carry yourself speaks about you. There is no rule, no norm, and no guideline but when it comes to communication, non-verbal communication counts a lot.



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  • the_jaguar
    01-25 05:42 PM
    TOI = Tabloid of India




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  • jasmin45
    07-16 07:10 PM
    There's another thread with same details being discussed in the forum.



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  • Rockford
    07-17 02:54 PM
    we really have to be morons to take anynonymous comments at face-value.

    or did you post the comments yourself and like the attention?

    Then every one has to be moron to participate in this forum. Most ,if not all, are anonymous here too. You take them what for what they are worth...




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  • katewill
    08-24 02:28 PM
    i got it. thanks Xu1
    according to your info, can i assume:

    out of 360K,
    270k belongs to EB3
    135k still in DBEC (lets say 100K for 2001-02 cases)
    135k still in PBEC (lets say 35K pending 2001-02)
    so still 135k pending for EB3 for 2001-02.
    so what is ratio of big 4 vs. the rest in EB3? any guess?
    no one knows monthly BEC approval rate either right?

    i am trying to guess how further will it retrogress...(well no one knows but...)



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  • slc_ut
    05-28 05:31 PM
    I am planning to take visa appointment in Chennai consulate for my 8th year H-1B extension and my wife's H-4. When i checked the vfs website yesterday, dates were open for last week of Sep'2006. Today it is already showing only dates in Nov'2006 as open dates. Howcome Oct'2006 dates never showed up. Were the appointments finished that fast for Oct'2006 ? Any other members who observed this, please post your thoughts.




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  • cbpds
    10-14 06:52 PM
    Not sure how its good news, it is good for USCIS as they will get money for pre-registration while we do not get the EAD till the priority date becomes current.

    It will not compel them to make dates current when they need money by allowing folks to file 485



    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.



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  • h1techSlave
    06-25 04:52 PM
    jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.

    I can throw in some numbers for Washington, DC area. For a family of 4.
    Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.

    So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.

    Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
    If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?




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  • GoneSouth
    09-07 12:45 PM
    But how did you manage to justify that you have enough knowledge/experience for that job. Did you use any particular course material or project work or anything of that kind against some one who applied for your ad ?
    In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.

    you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.



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  • CADude
    01-12 01:20 PM
    This is illegal to send passport across country. Talk to Attorney. I will suggest for India trip, if required or notirized copy of passport.




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  • eyeopeners05@yahoo.com
    06-02 03:00 PM
    thanks guys...

    what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.

    One option is to do a h1 thru one of the desi employers and then join as a consultant.
    Are there any other options ?



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  • chanduv23
    06-12 10:30 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.

    Why before October?




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  • h1bemployee
    02-25 06:07 PM
    I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

    My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

    what are the options for me?

    can I apply for a H1b transfer?

    please help




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  • dbevis
    November 9th, 2003, 06:40 AM
    To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.

    That's really weird. I reattached it and the link works again.

    Don




    bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.




    jgh_res
    05-17 10:01 AM
    Here is the link:

    http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html


    Posted article is below. Refer to the highlighted section :

    WASHINGTON (CNN) -- President Bush's address from the Oval Office on border security and illegal immigration failed to satisfy either advocates of amnesty or those demanding that the government secure our borders and ports. Whether by design or not, however, the president did manage to advance public awareness of both crises.

    The president finally acknowledged the unsustainable social and economic burdens of permitting millions of illegal aliens to forge documents, pressure our public schools and hospitals, and overtax our local and state budgets.

    And the president, in asking for more border patrol officers and sending 6,000 National Guardsmen to our southern border to support the Border Patrol, also acknowledged the federal government's utter failure to protect the American people by securing our borders, across which as many as three million illegal aliens enter this country each year.

    President Bush's five-point plan began with the words, "First, the United States must secure its borders." But the president did not assign any urgency to the national task of doing so. Deploying as many as 6,000 members of the National Guard to help secure our broken border with Mexico is positive step.

    But the president's proposal to place those National Guardsmen in some sort of adjunct support role is peculiar at best, and without question, woefully inadequate. The president sounded as if he were trying to appease Mexico's President Vicente Fox, assuring him we would not militarize the border. If there is to be appeasement at all, that should fall to the Mexican government rather than President Bush.

    Not only are millions of illegal aliens entering the United States each year across that border, but so are illegal drugs. More cocaine, heroin, methamphetamine and marijuana flood across the Mexican than from any other place, more than three decades into the war on drugs.

    President Bush and all the open borders advocates should be held to account for not doing everything in their power to destroy the drug traffic across our borders, as well as illegal immigration.

    If it is necessary to send 20,000 -- 30,000 National Guard troops to the border with Mexico to preserve our national sovereignty and protect the American people from rampant drug trafficking, illegal immigration and the threat of terrorists, than I cannot imagine why this president and this Congress would hesitate to do so.

    And how can this president and this Congress begin to rationalize placing immigration reform, which has been neglected since the last amnesty 20 years ago, ahead of national security and the safety of all Americans?

    President Bush went on to say that in order to secure our borders we must create a temporary guest worker program. What? Come again, Mr. President. The president knows better, and so do the American people. Control of our borders and ports is necessary to our national security and a temporary worker program is an exploitive luxury for corporate America.

    The president also said we need to hold employers who hire illegal aliens accountable, but he failed to say how. What should be the penalties for these illegal employers? How large a fine should they receive? How many years in jail for the executives of such companies?

    It would have been inspiring to hear the president say that he and his friend Vicente Fox had discussed illegal immigration and drug trafficking and reached an agreement that both our country's militaries would be used to create a joint border security force, one that working together would ensure the integrity of the Untied States/Mexico border.

    Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.

    Aside from the fact that both political parties are complicit with corporate America and special interests in placing so-called immigration reform ahead of border and port security speaks volumes about our elected officials' commitment to the national interest and the weight and influence of corporate America over both parties.

    Mr. President, I don't think the American people will tolerate this much longer.



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