Sunday, July 3, 2011

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  • Ramba
    07-11 11:39 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?


    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.

    AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.




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  • praveenuppaluri
    11-17 04:23 PM
    sent emails.. will post the letters also. Thanks




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  • GCStatus
    09-17 02:43 PM
    GCStatus, I think Prashanthg's point is a valid one but that in no way means that we should not sue USCIS for what all they have been doing all these years. This in fact will help us prepare our case even more stronger against USCIS. It is best we ourselves find all the gaps we might have while we proceed with this case instead of them coming onto the issue.

    I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.

    Pamposh.

    Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.

    We are making great progress. Lets keep it going. Its ideal, we dont waste our energy on these.




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  • buddyinsd
    08-20 12:18 PM
    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")

    My wife and I just received the email about card production order. And, ou4 case status has changed on the website to CPO. I wish good luck to all of you. In case it helps, anyone, our details:

    Priority date: Feb 26, 2006
    I-485 Receipt date: Jul 27, 2007

    Steps taken:
    SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
    Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
    SR opened for my wife Aug., 10th: No response yet
    Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.

    I appreciate the forum and all the support it offers. Donated last month.



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  • kshitijnt
    04-22 08:06 PM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


    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.




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  • senthil1
    05-11 07:24 PM
    In countries like Europe people need not come USA just for survival as that is a developed country. Also if they have to wait 10 years to get GC then no Europeans will apply GC as GC is not that much importance. USA will lose them. But it is not the case for indians. If you go out of country then hundreds of people are waiting to take your position in next flight in India. May be in future if Indians also does not bother about GC USA will come and give GC fast.

    Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?

    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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  • 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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  • AllVNeedGcPc
    04-14 08:35 AM
    Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?

    - Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail

    - SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail



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  • GKBest
    10-12 02:12 PM
    My 140( in 2006) was from TSC and 485 from NSC

    THANKS! I will wait for my turn and hope that my application is right next to you.




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  • GCapplicant
    03-28 12:24 PM
    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)

    The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
    Reconciliations
    1. Converted or converting cases from EB3 to EB2
    2. Two Sets of applications from the same family ( Husband and Wife)
    3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
    4. Two different Alien numbers.
    5. The cases stuck in the name check and realased becaues of 180 days memo

    Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured

    The above is my assumption for visa dates are not moving forward.



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  • h1techSlave
    05-01 02:39 PM
    We can ask this question during our next attorney conference call. Please remember to ask. I will ask. If a couple of more people ask, then our attorney will definitely answer the question.

    Another way is to ask the question in Rajiv Khanna's forums. Again, if a couple of people ask the same question, the question will get prominence and Mr. Khanna would definitely answer the question.
    Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.

    Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.




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  • coolstonesa
    06-22 03:31 PM
    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.

    So you were not referring to Employment Letter for GC job, rather Current Employment Letter while discussing how to file I-485.
    GREAT!!! I hope you are not filing your I-485 application yourself.

    What is the Current Employment Letter has to do with I-485?

    Good Luck.



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  • bang
    11-18 01:10 AM
    Done !




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  • manishs7
    09-24 04:54 PM
    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..

    Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
    You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

    Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

    If it doesn't suit me it's injustice.



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  • reddymjm
    06-08 03:27 PM
    :confused: :confused: One of my friends checks sent to NSC got cleared today. But mine did not. Both of us sent on JUN1st.




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  • sprint2004
    09-07 11:06 AM
    Hello All,

    Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.

    My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.

    Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?

    Thanks and good luck to all.



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  • santb1975
    05-23 03:19 PM
    I sent 2 emails to CA senators and 13 more. I will send out more emails tonigt and will contact the media as well




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  • chmur
    07-27 06:58 PM
    It has been hinted that EB3 lobbying undermines recapture efforts . Could proponents of this theory explain how??

    Why both cannot happen simultaneously??

    I have only seen implications to this effect but nobody has come forward and said it plainly - You EB3 folks don't spoil the EB2 party because you had it good previous years and we are afraid if you make too loud a noise, our party might come crashing down.

    Everybody seems to imply it but nobody wants to call it as plainly as I stated it above.

    I might have exaggerated the fear factor but I am unable to find any other reason as to they would discourage EB3-I lobby under the pretext of recapture efforts.




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  • espoir
    07-11 12:43 PM
    yes lets put the burning act aside. Also it should be clear in the rallies that it is LEGAL immigration that we are talking. I still see some comments on the news stories. "All Illegals should be sent away"
    My point is that any time we talk about immigration, common people think illegal as thats the only side they are exposed to.

    ---
    Nah, we have better things to do than burn something.
    Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :)




    ash0210
    03-09 12:08 PM
    Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...

    Still feels that GC is just a part of journey of my life...

    Ash0210, how come you have been here for 12 years without GC?? Can you tell me?




    ilikekilo
    04-30 01:06 PM
    H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.

    Yo H1tech, u r too fast, I was just gonna say that...yes I believe that quote was too large...



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