prince_waiting
05-10 10:32 AM
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
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SKK2004
08-25 01:20 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
priderock
06-27 04:12 PM
I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
I agree , and if the cost of leaving this stupid employer is just $10K, I would gladly pay and have some peace of mind.
Also don't make decissions based on the current provisions/laws only. It is safe to assume you are going to be with your employer (who filed your GC) until you get your GC. You make a decision assuming that you can use AC21 after 6 months, but what happens if they remove AC21 in two months ??? People got burned when they assume status quo with the laws/provisions and they subsequently change.
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
I agree , and if the cost of leaving this stupid employer is just $10K, I would gladly pay and have some peace of mind.
Also don't make decissions based on the current provisions/laws only. It is safe to assume you are going to be with your employer (who filed your GC) until you get your GC. You make a decision assuming that you can use AC21 after 6 months, but what happens if they remove AC21 in two months ??? People got burned when they assume status quo with the laws/provisions and they subsequently change.
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jessie1981
06-12 12:07 PM
I-485 approved in 11 days????? How can this be possible? Or you mean to say that they had filed the 485 before retrogression hit? Please clarify.
Oh, yes. They filed 140/485 before retrogression hit. Most of them got second FP last month.
Oh, yes. They filed 140/485 before retrogression hit. Most of them got second FP last month.
more...
dfwhunt
05-23 12:18 PM
Emailed all senators on the list.
Appreciate IV's core team's dedication to fight and inspire all of us.
-Contributed $100 so-far (Proud to be part of this fight)
Appreciate IV's core team's dedication to fight and inspire all of us.
-Contributed $100 so-far (Proud to be part of this fight)
gvenkat
09-10 07:02 PM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
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immm
07-02 09:49 AM
Sent july 28th
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
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gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
more...
SGP
02-21 01:32 PM
thanks updated total above.
C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?
Can't agree less with tonyHK12. Come On Guys, this is the chance to prove our mettle and unity. What's holding you all back?:confused:
__________________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?
Can't agree less with tonyHK12. Come On Guys, this is the chance to prove our mettle and unity. What's holding you all back?:confused:
__________________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
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EB3RESTOFWORLD
09-26 02:03 PM
WE FILED 19 JULY AND RECEIVED NOTICE SEPTEMBER 11 AND eEAD APPROVED SEPTEMBER 24 VWE FILED NCS BUT IT WAS TRANSFERED TO TEXAS
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vinnysuru
04-18 07:28 PM
Hi All,
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
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sujith1
07-30 09:10 AM
Receipt Date - July 11
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
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LONGGCQUE
09-23 01:56 PM
Totally agree with admin2. Rules are rules .. if you can apply and get thru EB2 .. so others 'qualified' have the right to do so.
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mchatrvd
08-26 03:55 PM
I will also suggest guys waiting with their PD current to write to the USCIS Director in DC. I did that; not sure if that worked in my case, but one needs to explore every way of bringing their case to the attention of the management.
more...
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gc_aug_2010
08-24 05:48 PM
Hi guys,
Did anyone here get this RFE (quoted below)? I have been working for the sponsoring company for the past 5+ years at various client locations. The current location is a different state from the employer state. I always had all LCA's etc..So any tips on how to respond is highly appreciated.
Is just an EVL stating "same terms as in I-140 apply and still continue to offer" be good enough? Or do u guys suggest sending current LCA and pay stubs? I really dont want to send too much or too less..
I know people have different things to say and my lawyer will have his own opinion, but i wanted to see if anyone got this and how their lawyers responded and what response got their approval. Thanks in advance
"The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."
Did anyone here get this RFE (quoted below)? I have been working for the sponsoring company for the past 5+ years at various client locations. The current location is a different state from the employer state. I always had all LCA's etc..So any tips on how to respond is highly appreciated.
Is just an EVL stating "same terms as in I-140 apply and still continue to offer" be good enough? Or do u guys suggest sending current LCA and pay stubs? I really dont want to send too much or too less..
I know people have different things to say and my lawyer will have his own opinion, but i wanted to see if anyone got this and how their lawyers responded and what response got their approval. Thanks in advance
"The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."
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indigokiwi
02-14 09:28 AM
Donated $50
Transaction ID: 28B47489F6184821P
I won't be able to attend, but thank you for the time and effort you all put into this thing..
Transaction ID: 28B47489F6184821P
I won't be able to attend, but thank you for the time and effort you all put into this thing..
more...
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WaldenPond
06-28 08:36 PM
Hello pappu,
That is an excellent find. Maybe we could work through this lead. We will contact Dr. Woo and Rajen Anand. Thanks a lot for the excellent research.
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
That is an excellent find. Maybe we could work through this lead. We will contact Dr. Woo and Rajen Anand. Thanks a lot for the excellent research.
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
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gsc999
07-09 01:01 PM
Please do not start new additional threads regarding the flowers campaign. It dilutes the focus and creates confusion, at least for me.:confused:
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techbuyer77
06-18 10:40 AM
When was your friend's Priority Date current? June 1st? Or, I assume, before that?
i dont know her pd, she sent the stuff on may 18th and she got the receip around the 6/6/7
i dont know her pd, she sent the stuff on may 18th and she got the receip around the 6/6/7
edd
06-11 04:45 PM
I know one of us got it. Any one else ?
life99f
07-08 09:17 PM
hey, doshhar, why don't you take a lead at Chicago protest (14/07)?
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
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