Friday, July 1, 2011

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  • chanduv23
    07-11 05:08 PM
    We can use this text, but it is better to use AILA links or contact list we have in IV





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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.





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  • indianindian2006
    02-08 08:38 PM
    what is OCI??

    Overseas citizen of India





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  • sanju_dba
    09-14 01:27 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.



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  • krishnam70
    07-18 01:53 PM
    It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.

    If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.

    It's hard work but believe me - do it consistently and do it well and you will see that it will work.

    Best of luck and post the address of your site/blog here should you decide to do it.


    Here is the blog created for talking about Lou Dobbs. I will start digging up material and posting to this site.. please feel free to start blogging there
    lets take it up to him

    http://loubdobbs-truthorlies.blogspot.com/

    cheers





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  • looivy
    12-22 10:13 PM
    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!



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  • frostrated
    10-08 05:38 PM
    Comp A sponsored you in good faith that you will join them after getting the GC. So, you will need to be willing to join CompA now. But if CompA is not able to hire you, you need to get documentary evidence that Comp A is unable to hire you at the moment due to the circumstances which need to be specified in the letter. And then, you can go about your employment with Comp C.





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  • The Situation and Ronnie Fight



  • arnet
    06-14 05:13 PM
    In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.



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  • gc28262
    01-29 05:46 PM
    How is e-Verify going to affect legal immigrants ?





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  • bondgoli007
    08-01 12:59 PM
    Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .

    1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.

    2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.

    This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
    Hi chmur,

    Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.

    http://www.govtrack.us/congress/committee.xpd?id=HSJU

    I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....

    All the best IV!!



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  • Ronnie decides he will



  • GoneSouth
    04-17 06:42 PM
    This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.

    Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.

    This is just a guess though. Check with a lawyer.

    - GS





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  • WeShallOvercome
    12-13 01:59 AM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.



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  • Ronnie did or did not beat up



  • softwareguy
    07-05 12:14 PM
    Pick your battles!!
    Battle ONE:
    Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.

    BENEFITS:
    1. My wife can work.
    2. My son can get scholarships in college.
    3. I can change jobs - so what if it is similar.

    Battle TWO:
    When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
    BTW - Let me know if battle # 2 is easier.

    I do not know why is everyone facing "Attention Deficit Disorder".





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  • dealsnet
    12-06 07:21 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks



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  • the “Jersey Shore” crew.



  • mmanurker
    10-17 03:36 PM
    Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)

    also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings

    Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.





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  • kumar1
    12-26 01:58 PM
    H1/H4/L1/L2... - Non-Permanent Resident Alien
    F1/F2 - Non-Permanent Non-resident Alien.
    Green Card - Permanent Resident Alien.
    Citizen - Naturalized citizen

    Resident and Non-resident make a difference in taxation.

    Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. “Non-Permanent” because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

    Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). “Non Permanent” comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

    Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

    Let me know if I am wrong anywhere. Thanks



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  • Berkeleybee
    03-27 01:38 PM
    nsnriv,

    The idea of the IV forums is to discuss our agenda, and activities.

    Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.

    Good luck,
    Berkeleybee





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  • krishnam70
    05-08 01:47 PM
    Thank you

    Subscription Payment Sent (Unique Transaction ID #82G15598SR169690U)
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    -cheers
    kris





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  • Maverick1
    08-13 11:17 AM
    OCI's can work without visa. ALL PIO's are eligible for OCI.

    Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.

    Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.





    willigetagc
    08-11 11:36 PM
    that makes it tough.... Check with your lawyers. I presume your BC also mentions the name of the hospital where you were born.

    If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....

    Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.





    pappu
    06-17 04:11 PM
    /\/\/



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