Sunday, June 12, 2011

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  • gchandu
    04-13 08:31 AM
    Hi dammu

    Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....

    Thanks
    Chandu

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?





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  • validIV
    03-12 11:06 AM
    Sounds like a typical day for my wife, except she actually manages to get it all done.

    decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .

    BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .

    BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .

    BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.

    What are they doing here? I'll just put them away . . .

    BUT FIRST need to water those plants. I head for the door and . . .

    Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .

    BUT FIRST I need to find those checks.

    END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .

    And, when I try to figure out how come nothing got done today, I'm baffled because . . .

    I KNOW I WAS BUSY ALL DAY!

    I realize this condition is serious . . .

    I'd get help . . .

    BUT FIRST . . . I think I'll start a new thread.

    Fool its not me, its the AAADD I was recently diagnosed with.





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  • gceb3holder
    02-27 08:09 AM
    Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

    Other thing, the 6 months, is counted from the receipt date or the approval date?





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  • furiouspride
    08-03 06:22 PM
    When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...

    Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D

    (do some workout like fun sports (Gym is for the dedicated ones) to stay active)
    Eat drink n be merry is all good. Just that you cant overdo it. O/w you will be on your way out @ 40 or worse yet, will have to deal with diabetes, cholesterol, hypertension etc. in the later part of your life. Key is to eat right and exercise. Cliched I know but I don't see too many people around sticking to this simple rule :)



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  • h1techSlave
    04-04 09:16 PM
    I think most of the HR folks may not know what is an EAD. So they may fear EAD is some kind of illegal thingie and deny job. It is best to just say I am authorized work in the US and no further explanation need to be given.


    Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...





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  • hsingh82
    03-25 05:01 PM
    Voted for few pro legal immigration messages!



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  • prinive
    07-17 06:52 PM
    Nop

    Another silly question.

    Do I file again? My packet reached USCIS on July 2nd. It was not returned.





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  • chanduv23
    09-14 03:31 PM
    Some song is playing now



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  • Sachin_Stock
    05-11 02:16 PM
    Its not fair to criticize USCIS specially just cuz you are frustrated. I believe they have lot bigger issues regarding the illegals, backlog in family-based , and not just employment-based.





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  • Rajeev
    10-12 09:50 AM
    The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.

    The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

    On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

    Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

    1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


    2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


    Here is what I would suggest for your case:

    Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

    This is the best case scenario that I can envision for you.

    Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

    You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

    Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

    If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.



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  • sanjose
    07-17 07:11 PM
    so this is only for ppl with BOTH white card and green card.

    what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?

    Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)





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  • h1vegas
    06-24 03:01 PM
    Pls reply



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  • LayoffBlog
    01-27 01:32 PM
    According to CNNMoney: “Home Depot, the No. 1 home improvement retailer, announced Monday that it is shutting down its high-end EXPO business and shrinking its support staff, with both moves resulting in a reduction of 7,000 jobs.”Posted in Retail, US   Tagged: Home Depot layoff    http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1231&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)





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  • hitpauler
    04-21 01:04 PM
    Wandmaker,

    In my case, one namecheck is cleared by IO, which I presume includes both electronic and manual namechecks, in case if the electronic one shows something on the radar. However what I am unable to understand why the second namecheck, when all the steps were done to clear the first namecheck



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  • PALLO
    04-21 01:51 PM
    [QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

    what kind of evidence you need to provide to show the intention that you will move back to the original location!





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  • GooblyWoobly
    09-25 03:19 PM
    Let me clarify point 3) again
    I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.

    HTH,

    No, No. Your answer was perfectly correct. But the OP had asked this:
    "Is the there a time frame within which one has to get the SSN#?"

    So, I thought he is probably asking if there is any time limit by which you have to get SSN or you don't get SSN at all.

    It's better to apply ASAP. In my wife's case, after her H1 came along, we just took two weeks to apply after she started working. The result was, at the end of the month, we were in a legal limbo. The company (one of the big companies in the valley) couldn't pay her because she doesn't have her SSN. The company cannot keep the money as she is legally employed, and has worked. So, not paying her that month will break the H1B terms. Luckily for us, SSN arrived on 29th of that month!!



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  • vemulapallisk
    07-29 03:17 PM
    I am in the same boat and need to post the paper in the next couple of days. Can somenoe please help me. I would greatly appreciate your help.

    My priority date is Oct 2005 and i applied for i485 (EB2) in July 2007. I am planning on filing i-485 for my wife as a dependant/derivative of my application on August 2, 2010. My i-140 is approved. My case is pending at Texas Service Center. According to the i485 instructions and USCIS website (both revised on 12/03/09), the application has to go to :

    USCIS
    Attn: AOS
    2501 S. State Hwy, 121 Business
    Suite 400
    Lewisville, TX 75067

    My lawyers office informed me that the address to post is:

    4141 N. St. Augustine Road
    Dallas, TX 75227

    I couldnt find this Dallas, TX address on neither the i485 instructions form or the USCIS website. Can someone who filed recently (after 12/03/09) to Texas Service Center confirm the correct address please. It would be of great help since i need to file the papers in the next couple of days.

    Thanks a lot in advance





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  • maddipati1
    08-31 10:54 AM
    Even after they stopped issuing Interim EADs at Filed Offices, one can always 'request' for interim EAD at field office by taking an appointment thry InfoPass. FO then would talk to service centers about the case.
    This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
    Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.





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  • himu73
    12-08 10:37 AM
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post





    Libra
    09-14 04:00 PM
    Pradhan is being interview on EBC radio....now

    Whats the 30,000? I'm not listening





    forgerator
    11-08 04:38 PM
    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o



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