Wednesday, June 29, 2011

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  • solaris27
    08-13 07:49 AM
    EB3_SEP04

    no for my I-485




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  • ItIsNotFunny
    09-15 01:02 PM
    you got my support chief

    Come up with the plan commander!




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  • kshitijnt
    05-10 09:25 PM
    Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.

    Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?




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  • samrat_bhargava_vihari
    06-11 05:33 PM
    I think the answer is yes, we will get our EAD and AP.

    USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)

    they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP

    bostonqa is right



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  • anilsal
    10-24 11:53 PM
    When you go for visa revalidation at US consulates outside and by bad luck, you have a hit on your name, there will be a security clearance issued on you. From what I am hearing now, it is taking upto 8 months. Will you retain your job?

    I am guessing that the dems will relax this a bit or atleast listen to the problems faced by visa aspirants, if someone approaches them in the future. For them, the world does not only revolve around terror. There is life outside it!

    Also, the constant feed from media about terror is sickening me. Can I have peace of mind when I travel or watch tv?

    Irrespective of who wins the elections, we have our work defined. Pass SKIL bill, provide retrogression relief etc.




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  • sanatshah
    02-14 01:23 PM
    Paypal transaction ID for this payment is: 4P5189671W405652X



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  • vikra007
    11-21 09:34 AM
    Mehul

    This was the most shocking thread I've read.

    Please read this...
    http://www.divyayoga.com/pranayamRevolution.htm

    I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.


    I'm passing you the email of the instructor who I know in Bangalore through a private message to you

    Hi Mehul,

    Very sorry to hear that. I second that you should pursue pranayam and yoga along with treatment. I hope your wife gets GC on your app.




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  • man-woman-and-gc
    09-17 12:35 AM
    Good Job Folks...keep the pledges coming.

    And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.

    Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...

    For now..we are moving forward...and that's what counts at the end of the day.



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  • srini1976
    09-30 12:15 AM
    What happens when 485 is pending for more than 180 days and a person already used EAD for his current JOB(because of the policy of the Employer saying that: Once they apply for EAD employee needs to use EAD and company will not extend H1B anymore). Eventually employee will use EAD.

    The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?

    Please provide some input. All your opinions would help many folks!




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.



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  • gagbag
    07-11 01:02 PM
    http://www.ilw.com/articles/2007,0710-lee.shtm




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  • jonty_11
    07-05 06:29 PM
    dont give ur return address..jack Bauer may be on ur trail.



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  • gc_peshwa
    11-17 03:37 PM
    Done. For me all california legislators are heavily PRO-immigration. Its like convincing the "convinced"! Is there anything else you want us to do right now?




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  • trueguy
    07-27 07:29 PM
    I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.

    It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)

    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.

    Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.

    I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.


    Earlier it was like this:

    EB2 ROW --> EB3 ROW

    If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.



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  • desi3933
    07-10 12:28 AM
    ....
    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?


    Please show me any of my post where I have advised people to file for AC-21.


    .




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  • tikka
    05-23 08:50 AM
    I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.


    No worries. It's all good. Everyone is a little stressed.
    Please do email the senators !



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  • a2006
    05-02 01:57 PM
    The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.

    This thread is discussing about quota. not PD.

    In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
    Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?




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  • abhisam
    07-15 12:42 AM
    I have finally received my FP notice today for my I-485. My case was NSC-CSC-NSC. Never made any service request.

    I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.

    I wish good luck to those who are still waiting for FP notice.

    When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.




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  • ivar
    02-03 12:55 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!

    Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.

    All the best.




    jk999
    08-18 02:40 PM
    How do you know that people with more recent priority dates are getting approved and you have been left out? You know this because these members of IV share this info with you and you are talking about using this info against them.

    I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.




    somma
    11-21 05:28 PM
    I'm shocked after listening this news. May God guide you to make a right decision and good choice and shower happiness in this world and hereafter.



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