fundo14
05-30 10:26 AM
fundo...i am doing landing tomorrow
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
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unitednations
03-08 03:24 PM
I am not sure, When I was coming from India I had person with L1 visa came to US without any problem.
Extensions is currently the problem.
Extensions is currently the problem.
apahilaj
12-21 10:10 AM
Thanks for the update Parag. Good luck! Let us know what happens.
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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.
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.
more...
Pahrump
12-10 03:46 PM
Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?
my2cents
05-23 09:07 AM
You can not really change point based system and u can not ask for that..they are the policy makers..they are responsible for there own country.
We should only ask
- Clear the backlog for EB people as FB without country quota
- Allow all backlogged people to continue on old system (h1b renewal/3 year extension until date of enactment.
If all backlogged is cleared then for merit based people..
- There is no LC or PERM..u can file adjsutment of status just as canada or Australia. ur PD will be current as backlogged is being cleared.You can continue to enjoy AC-21 after I-485.
- You don't need H1b renewal 1 year or 3 year..
"FOUCS ON CLEAR THE BACKLOG FOR ALL PEOPLE WHO ARE PENDING AS OR BEFORE ENACT THE LAW"
in BTW i called the senators.
We should only ask
- Clear the backlog for EB people as FB without country quota
- Allow all backlogged people to continue on old system (h1b renewal/3 year extension until date of enactment.
If all backlogged is cleared then for merit based people..
- There is no LC or PERM..u can file adjsutment of status just as canada or Australia. ur PD will be current as backlogged is being cleared.You can continue to enjoy AC-21 after I-485.
- You don't need H1b renewal 1 year or 3 year..
"FOUCS ON CLEAR THE BACKLOG FOR ALL PEOPLE WHO ARE PENDING AS OR BEFORE ENACT THE LAW"
in BTW i called the senators.
more...
h1techSlave
03-28 11:44 AM
That's a nice one. I had a laugh after a long time.
:D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)
:D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)
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eb3retro
05-02 11:09 AM
Can anyone tell us if this bill also has the hard cap limit??
-- removing unnecessay quote...- Moderator
-- removing unnecessay quote...- Moderator
more...
bomber
07-20 12:12 PM
I pledge $100. Keep it up... yey baby !!!!!
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amdn123
01-24 06:52 PM
Thanks sirinme, my job responsibilities are similar in the new job (i.e. same job code classification). My only concern is whether is it legally necessary to file papers to USCIS under AC21 informing of job change now or wait till visa numbers for me becoem current again.
more...
gk_2000
02-09 08:47 PM
Quick ques: How to set up recurring payment in paypal?
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test101
07-08 03:00 PM
in 2005 there was visa recapture for nurese (50,000). Why can not this be done now? They could have simply post information in June saying July Visa bultien revised. Why costing people all this money ? The least the USCIS should do is not to reject all these applications and but them to be processed in Octobor. It's not only miscomunication it's miss managing as well.
more...
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pappu
09-01 09:21 AM
Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
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SunnySurya
08-18 07:47 PM
So, how are u going to help us????
I will help you in this but do us all a favor and don't reply to any more messages....
I will help you in this but do us all a favor and don't reply to any more messages....
more...
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oliTwist
02-24 03:05 PM
Your transaction ID for this payment is: 6B955567SD048243T. in PayPal.
Go guys go..
Go guys go..
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diptam
06-27 11:53 AM
Point1) makes me perplexed - Can there be agreements with open ended
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
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
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
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
more...
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saisujatha123
05-11 02:35 PM
What location?
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vadapav
05-06 01:20 PM
I did landing over this weekend and posted my experience in following thread:
http://immigrationvoice.org/forum/showthread.php?t=18792&page=2
http://immigrationvoice.org/forum/showthread.php?t=18792&page=2
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vinabath
03-25 04:35 PM
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
It is true. I will take a bet. If your PD does not go to March 2005 by Sep 2009, I will give you $100. It it goes give me $100:D
It is true. I will take a bet. If your PD does not go to March 2005 by Sep 2009, I will give you $100. It it goes give me $100:D
Lisap
09-01 07:33 PM
Hi Lisap
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
marblerock
05-24 02:07 PM
Emails sent to 2 + 9 (1 commonn). Will follow up with calls and emails to other senators.
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