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  • Libra
    08-20 12:38 PM
    Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
    It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.

    I think you will leave the boat before me, good luck.

    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")




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  • keshtwo
    08-13 08:09 PM
    It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......

    Nonsense. once its in, its in. Or they will be facing another lawsuit.




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  • anilsal
    03-09 12:46 AM
    Guys, get a grip on yourself. Volunteer your time for IV. It is both fulfilling and it is for a cause.

    Of course being in a state of limbo is not the best thing you planned for, in life. If your spouse is not allowed to work and/or has difficulties coping with stress, just channelize all energy towards IV goals.

    Cheer up.

    I talked to many important people in IL including state government, university professors who are related to immigration and/or have interest in imm. They are all aware of our problems (hard country limits, spouse/dependents counted in visa numbers etc). It is only the offices of congress reps that show a blank face as far as skilled immigration is concerned.

    So I urge you to join your local state chapters and start meeting your reps and/or office staff asap.

    Now for those, who are here for a free ride with no progressive work and have not contributed, shame on you and I mean it. :)




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  • eb3_nepa
    07-05 05:40 PM
    I am telling you guys, send the major News channels a Big Stinking Dead Fish with the message "Something's FISHY at the USCIS and it STINKS for Legal Immigrants".



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  • ganguteli
    01-29 06:37 PM
    I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.

    If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.

    Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.

    So you need to see which scenarios fit in your case and act accordingly.




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  • Openarms
    03-10 05:20 PM
    Did you check 'About Us' menu at the top?
    .

    I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.



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  • dilipb
    07-30 03:28 PM
    I applied for EAD on 06/18/2008
    Receipt Date 06/20/2008
    Not received it till date!

    My friend applied on 06/04/2008
    He got 1 year EAD on 06/30/2008.
    This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
    They probably did this because its a fee based organisation.




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  • mchundi
    05-04 10:46 AM
    So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
    This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.

    The tone of ur earlier posting may have hurt some people.


    Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
    Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
    Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.

    --MC



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  • gcdreamer05
    02-01 08:36 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)




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  • gcseeker2002
    07-05 12:09 PM
    my 485 also reached Nebraska on July 2nd at 9:01 am
    by FEDEX.

    Is my boat Sinking or floating
    All boats have been sunk by the USCIS torpedo , one massive torpedo that sank 300000 boats to the bottom of the ocean, some even below that



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  • desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • rsharma
    09-24 07:51 AM
    Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

    Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?

    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..



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  • geesee
    08-18 02:32 PM
    The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!

    I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.

    You made me laugh :D




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  • gcbikari
    04-21 04:40 PM
    I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

    The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

    Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.



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  • transpass
    08-20 08:51 AM
    Krithi: Can you please let me know how to go to Adv Parole side. Although we have had them but have never used them before. So I need to guide my wife towards this AP area.

    So in order to show or use AP my wife has to go and line up in the visa queue OR she has to go to Permanent Resident/Citizens side and from there they will route to this AP check/processing area. Please advise.

    Sorry with my fundamental questions but I have never used my APs till now.

    Krithi kindly reply or anybody else who can help with my questions/clarification mentioned above kindly help me.

    Thanks a lot
    Best Regards,

    You have to go and line up in the visa line NOT citizens/PR line (since you are not one). Just carry all relevant docs - EVL (if applicable), receipt notice copy of 485, both originals of AP, etc...




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  • anilnag
    05-02 03:55 PM
    in contributions and in any thing else... I started contributing even before lot of people here heard about IV.

    Ask a few more to give me red... I will be happy to get more for saying what I said.



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  • ksiddaba
    07-10 07:52 AM
    An immigration voice member from DC area must do to the USCIS office to see what's happening to the flowers and take a few pictures while he/she is there.




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  • EB3_SEP04
    08-13 06:18 PM
    Hi,

    My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.

    Generally how long does take to get the receipt notices?

    Please let me know if any has filed around same date and received the receipts?

    Thank you!

    my app reached on 7/1, Recieved receipt on 7/11 with notice date 7/7. Remember 7/4 was a holiday. 8-14 calendar days is the most common i have seen for receiving receipt. Ask your company's lawyer if the checks are cashed yet, if yes try to get the receipt # from the back of the check. When my first EAD was filed last year, our corporate lawyer had sent me image of back of the check.

    Good luck!




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  • test101
    07-10 11:05 AM
    what media is covering this ? will you inform us ?

    thanks




    desi3933
    06-22 01:36 PM
    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!

    >> "No, employment letter is absolutely required...", well, it is not.

    You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.

    Do NOT confuse Current Employment Letter with Employment Letter for GC job



    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002




    abq_gc
    08-18 03:09 PM
    What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.

    What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?

    Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also.

    So its better to fight it out collectively. There's no point in dividing the community. Just think about it.

    I agree with Refugee



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