Sunday, July 3, 2011

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  • a_yaja
    06-05 05:02 PM
    Just want to know that is there any law
    which help to get overtime for full time employee.

    I know if you consultant you get paid by hours but not when you become full time employee.

    Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.




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  • kala
    11-22 06:19 AM
    Hi Zelwyn,
    Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
    Could you send me some examples of your work which will suit my needs?
    Cheers




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  • raghaone
    07-17 11:13 PM
    Dear friends,

    Please be careful of corrupt attorneys and employers selling same labor to multiple candidates and making money by filing concurrent cases. I am happy that the substitution labor is dead which kills corruption by employers and attorneys. This is one of my bitter experiences with substitute labor.




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  • deardar
    04-20 11:19 AM
    I entered into my 7th year few months ago and I have an approved I-140 and also 3 year extension.

    I dont have any documents of my approved labour or I-140 and I dont expect to get it from my employer either.

    Q1) In case I change my employer and go for stamping, will he ask me for any of the above documents as approved I-140 or Labour?

    q2) In case I happen to start my GC process again( assuming in yr 2007 in EB3), will how long will it take ( approx) for my PD to become current ?



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  • LostInGCProcess
    02-05 02:50 PM
    I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.

    You may not need a visa to visit those British territories....but, you need a visa or AP or GC to enter US. Once you have gone there for visiting (or any other purpose), you have crossed the international border of US.




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  • indigo10
    04-05 06:15 PM
    I never entered the US in the first place.

    I believe you can enter as long as the visa does not expire. But make sure to check with your company lawyer.
    Also make sure you have a real job/work when you enter.

    MurthyDotCom : Immigration Rumor : New Visas NOT Required for H1B Employer Change (http://www.murthy.com/news/n_immrum.html)



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  • dixie
    10-03 12:51 PM
    I think we must also emphasise the point that all of us have to pass strict labor market tests supervised by DOL to be even eligible for green cards (and many of us have already passed that). That will blunt the rhetoric from the anti-immigrants and their attempts to obfuscate our issue with the illegal aliens. The tend to make americans believe that applying for a green card is just like applying for a drivers license and just about anyone is eligible.

    The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
    Then Numbersusa or other anti-immigration groups have no points to raise against us




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  • gc_check
    06-21 07:32 PM
    Hi, I recently got married to an American Citizen. I am Canadian citizen and on travel visa here. I filed my I-485 jut last week. My question is how long does it take to get permanent resident approval?

    Since you got married to a us citizen, the entire process is much faster and you must have the green card in less than 6 or utmost 9 months.



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  • samuel5028
    04-26 03:04 AM
    Hi ,
    my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical

    so in this case, absorbing the 5000 cost difference may be a good idea

    Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best

    So decision is yours
    If you're confident, you always have a change to get cleared everything.




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  • nyte_crawler
    04-13 11:25 AM
    I have a valid AP that expires in July and I am going to travel using that at the end of April. But I have also applied for another AP and it is pending. Can I travel or will it create any issues ?



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  • shsharma_2000
    02-08 12:39 PM
    I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.

    Same thing happend for 3 of my friends.
    You have to be out of country for 1 year to reset the clock.




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  • jk999
    11-30 01:17 AM
    A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.

    He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.

    He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.

    Things to note:
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    Thank you



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  • arnet
    11-22 09:29 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/sh...highlight=foia


    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.




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  • soumya_bhatta
    03-23 11:31 PM
    Thanks for the reply.

    No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.

    So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.

    I will read I 9 more carefully with time. Also started upgrading profile.



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  • smuggymba
    09-20 03:36 PM
    Break ins will hit Comprehensive not collision.

    increasing collision deductible will lower the payment.




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  • ramyv
    12-24 12:42 PM
    My friend is with the current employer for the past 3 years and now she has her H1 renewed .The employer had some issues with USCIS and currently she is on bench and is planning to go to india to get married.She has an appointment in Tijuane but she is worried if the employer history would affect her chances of stamping.So she is planning to have her H1transferred but she has her marriage in feb.So what are her options of getting her stamping done?

    Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there? Is the pay stub with the current employer compulsory?
    How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?

    Looking forward for some suggestions.

    Thanks



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  • jangolouis
    03-19 10:43 AM
    I had to go through the same process last year. The day i went for the interview, there were 3 other PhDs with me to get their H1B stamped. It took me 7 weeks to get the passport back and for others it took longer. Calling embassy will not expedite the process. Call Department of State and ask for the update. I know its frustrating.




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  • laksmi
    12-06 10:57 AM
    yes you can use AP, when you transfer your H1B to new company.




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  • kondur_007
    06-03 11:06 AM
    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.


    Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.

    This is done in preparation for the spill over (fall down); they have used up all of "china's own" numbers and now they will actually retrogress EB2 China (to move it along with EB2 India) to distribute spillover (fall down); the VB will come with a "long explanation" as to why the retrogression for EB2 China despite of low demand....

    Stay tuned! :)




    Blog Feeds
    09-18 10:20 AM
    AILA Leadership Has Just Posted the Following:


    There has been a lot of talk recently about what might be included in an immigration reform bill. Will there be a legalization/amnesty/forgiveness of "lawbreakers" rule? Will there be an expansion of employment based and family based immigrant visa numbers to solve the economically devastating backlogs we currently deal with? Will there be a mandatory E-Verify component? Will there be an interior enforcement focus? Will there be even more fences?

    The topic that seems to be lost in all this speculation is something I consider to be the overriding component of reform--the Key to holding a reform package together. I am speaking, of course, of Due Process Restoration. Anyone who deals with immigrants for any length of time is intimately familiar with the disaster that is our immigration enforcement system. It is not just that previous administrations have done a horrific job at the enforcement that should have been taking place, but rather, the missing component to that enforcement. When is the last time an ICE officer worried about Due Process considerations? What is really destroying immigrant families--how about 212(a)(9)(B) and (C)? What about the concept of "civil" detention in real jails with real criminals for non-criminal immigrants? What about the detention of Asylum Seekers? What about the ludicrous requirements of REAL ID for asylum seekers?

    These are all only a few of the regular violations of concepts most American hold sacred. When you tell the 'average' American about the system immigrants actually have to deal with, most are appropriately appalled. It is to those Americans that we must speak. I believe that if Senator Schumer has the courage to include Due Process Restoration in his "Comprehensive" immigration reform bill, it will be tragically necessary for us to defend these Due Process provisions of the reform package.

    Take a look at this video, and sign up to support including Due Process Restoration in a comprehensive immigration reform bill.


    Restore Fairness: bring back due process to the immigration system (http://vimeo.com/6200660) from Breakthrough (http://vimeo.com/letsbreakthrough) on Vimeo (http://vimeo.com/).

    https://blogger.googleusercontent.com/tracker/186823568153827945-7017328086435157158?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/due-process-restoration-now.html)




    pd_recapturing
    06-18 07:57 AM
    I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
    Thx



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