Friday, June 24, 2011

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  • hibworker
    03-08 03:23 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.

    Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.




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  • nashim
    07-16 04:06 PM
    1) Yes
    2) Yes
    3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD




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  • i4u
    04-20 07:46 AM
    What is IV team's take on marching with this group? Should IV members join in?

    Want to know the strategies.........




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  • krajani2007
    08-15 03:18 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
    ===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    ===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.

    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.
    ===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.

    ===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
    __________________
    -------------------
    Contributed $100.00
    DC Rally
    Labor Applied: June'08



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  • saimrathi
    03-02 07:31 PM
    She will not be out of status since she has a H1 valid till 2010. however when she leaves US she needs to present the I-94 that came with the I-797 Approval notice(H1). I am in a similar situation, however, I am going to Canada and returning.




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  • bsbawa10
    06-11 08:23 PM
    Sorry, for this dump question, but is Fp done very year until you get your gc ?



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  • ajju
    11-13 09:37 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    Please Sugest

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)




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  • Hermione
    09-25 01:45 PM
    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.



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  • dilipb
    02-13 09:24 AM
    I am EB3, Indian, PD Aug 2004.
    This is stupid.
    "PD should be current to apply for 485
    and PD should also be current for them to approve my 485"

    Yup, retrogression sucketh.




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  • askreddy
    12-11 11:57 PM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree



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  • Vsach
    01-10 06:45 PM
    Core maintaining a low profie?;)




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  • kirupa
    03-28 03:42 AM
    I just had a response back from the MSDN boards that I need to hit test to find out which UI Element is being clicked. I will explore this route and will hopefully find an answer to post here.
    In the event handler for the UI element you click, simply do a cast such as "sender as UIElement". That will give you a reference to the element you are trying to find.

    :thumb:



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  • kondur_007
    08-13 09:32 PM
    Can you please tell us which service center you send your application to?

    Thanks.




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  • USDream2Dust
    09-24 10:13 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!



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  • acepb
    04-23 11:31 PM
    ...on getting your most-awaited award...patience is finally paying off...




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  • ananth
    10-31 04:51 PM
    What I heard of is, OSC (office of the special counsel), Dept of justice will help in this kind of issues related to hiring or wrongful firing. Google for such dept and get help at free of cost.



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  • forgerator
    07-31 07:08 PM
    I hope they did not hire "loser's guild" to do the job :D:D:D

    That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"




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  • knowDOL
    05-22 09:30 AM
    I don't think there is any clause related to NON-RIR or RIR or PERM labor when it comes to 7th year extension according to yates memo. Once your application has been filed 365 days before and if you have a case number assigned you can use that case number to show USCIS that your labor was indeed pending for 365 days. Since you already approved for 7th year extension and looking for 8th year extension you have no problem and with the new employer you can get 8th year extension plus H1 transfer together.

    Look at the following url's for detailed information.
    http://www.murthy.com/news/n_yath1b.html
    http://www.murthy.com/news/n_yatmay.html




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  • ASR
    07-08 03:22 PM
    Congrates Man

    what is your EB category and PD?

    Jan 23 2004 EB2




    mytv
    08-17 11:59 AM
    See as my H4 was getting over on Aug 1st and i was turning 21 .AS you all know once we complete 21 yrs we are no more dependent .so i applied my f1 in april and it got approved in aug. My dad got his 1-140 approved 7 months ago and he applied our all's i-485 on july 2nd 2007. so i just wanna know is there any problem ?will i get my green card??
    plz help me
    lawyers saw it is not a problem .But all know how lawyers are...




    GC4US
    10-31 05:11 PM
    See my signature



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