Thursday, June 30, 2011

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  • desi3933
    06-27 02:00 PM
    I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"

    They also told me over phone that they have the capability of revoking
    140 and complaining against me to INS if i try to leave before getting the actual GC.

    Can they do that - after 6 months they lose that control - Right ??

    Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.

    >> complaining against me to INS if i try to leave before getting the actual GC.
    LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.

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

    desi3933 at gmail.com




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  • nousername
    01-30 02:23 PM
    My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.

    To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.

    sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.

    What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representation false?

    People like you are the ones who are dividing the community.




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  • desi3933
    06-27 02:15 PM
    These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.

    Do you know the cost of defending suit? You have to prove the statements too.

    Search for law cases in PA/NJ and you will SHOCKED to see many desi employers who have sued their employees.

    Wake up and smell the coffee.




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  • vbkris77
    09-24 09:08 AM
    By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

    Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

    The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

    EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

    Else it is your fate.. you know better what to do...

    It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p



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  • vbkris77
    05-01 03:41 PM
    Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

    There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).

    But my friend, CIS has a very very thick skin... So the only language they understand is suit.




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  • ashshah
    12-07 01:51 PM
    Even I am waiting for my FP from TSC.

    I was thinking , that maybe , because there are so many of us who have not received FP notices, should probably send a fax or e-mail to ombudsman as a group listing our receipt numbers or maybe just names and tell them the inconsistencies from their side in issuing the FP notices.

    I have a good feeling that if the letter/email or fax goes as a group , then they may take some action.

    Just a idea , any inputs would be appreciated.



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  • gsc999
    07-06 04:19 PM
    I had sent an e-mail to the Chinese web site that posted this earlier. Didn't receive a response.

    Thanks for posting, I will be there to represent IV.




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  • gcspace
    01-21 01:29 PM
    I have EB2 PERM and EB3 I140 approved. Since my EB3 PD date is earlier than EB2 PD , my lawyer filed my 485 with EB3 I140.

    Is there any way to find from 485 receipt or application which I140 was used for filing ?



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  • gk_2000
    11-17 09:24 PM
    not "To easy the pain caused"

    To ease the pain




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  • apahilaj
    12-16 06:48 PM
    Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...

    What are you guys thinking as next step?



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  • reedandbamboo
    09-14 10:21 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)


    MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.

    The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.




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  • samrat_bhargava_vihari
    06-13 08:27 AM
    My 485 application was filed with NSC on June 4th, 2007. I know it is too early to expect receipt notice.

    Who will receive the original approval notice?. Attorney or me?. Who will receive the FP notice?.

    Thanks a lot
    Ram

    I guess both of you.



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  • apahilaj
    01-06 08:38 PM
    My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.

    Thanks Parag, your post is helpful.

    One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?

    Thanks and good luck ahead!




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  • santb1975
    11-22 12:01 AM
    Keep up the good spirits

    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul



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  • sunil68
    12-12 06:08 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    This guy was talking about benefits of legal immigration and introducing Canada/Australia style G-card system only a few weeks ago when law makers were discussing illegal immigration. When it came to legal immigration, then he stood against it like a wall of ice. Talk of people using divide and rule, he is the perfect example of that.

    On a sad note, it seems even Dems are doing the same thing. When Cornyn wanted to put our bill in India Nuke bill, Joe Biden said dems will take that up along with CIR next jan. Same old game of promises and betrayal. Now even dems will not be taking up CIR next year as this has been turned into a very sentimental issue now by Lou dobbs and his xenophobic racist gang. Did not you see Nancy Pelosi's agenda for january? They are worried about their presidential and house races in 2008 and don't want to take any chance. Harry Reid might say this is one of the first things on his agenda next year and Tad Kennedy and McCain might keep meeting and talking over a cup of tea, but we have seen all this drama so many times that it does not thrill us any more.

    Bottomline, we are not needed the way we used to be in '70s and '80's and so be contended with the current pace of g-card processing. If you have patience and luck, stay here, else leave.

    Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.

    Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

    Dear Senator Sessions,

    I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.

    I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.

    I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.

    My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.

    My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?

    Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.

    I am expecting my Greencard petition to arrive only in another four years.

    Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.

    I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.

    Some of the key provisions which would need your support are ...

    1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.

    2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.

    3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.

    4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.

    5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.

    Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.




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  • simple1
    05-01 12:00 PM
    gc_on_demand ,

    I am not anti at all. I am trying to understand the law.

    How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
    Wont they have problem when the dates become current and GC is issued to primary.



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  • kdprasad
    08-13 07:48 PM
    The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.

    BG I got receipt numbers but the checks are not cashed yet.

    PD - Jan 2006
    I-140 - Nov 2006

    485 Filed - July 2nd 11:30a.m
    Receipt Notice -- August 10th (Received on 13th, But checks not cashed yet :)




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  • gch
    05-28 12:44 PM
    Auto reply from
    -----------------
    Arlen Specter:-
    ---------------
    I receive a large volume of E-mails, phone calls, faxes and letters every week from concerned citizens like yourself.Unfortunately, due to the high volume of mail, I can only respond if you're a resident of Pennsylvania. If you need to find out who your U.S. Senator is please go to www.senate.gov.
    ........
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    ------------
    Lindsey Graham:-
    ---------------
    Thank you for taking the time to contact me. I appreciate the opportunity to hear from you. Due to the large volume of mail I receive, I regret that I am only able to respond personally to inquiries from South Carolinians.
    ..........
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    Dianne Feinstein:-
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    Thank you for sending me your electronic mail message. I appreciate your taking the time to share your thoughts with me. Because of the volume of e-mail that is received by my office, we can only respond to email that includes a California postal address. Please resend the text of your e-mail message, including your postal address, and I will respond to you as soon as possible.
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  • desi3933
    07-10 03:04 PM
    Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"

    I-140 is for future GC and hence, must be full time and permanent.

    I-140 is not for current H-1B job.

    You are mixing two things.




    nfinity
    07-05 10:59 AM
    Yes, The word Gandhigiri is a combination of Gandhi - giri , the first is in reference to Mahatma Gandhi and giri is a slang for doing things in a certain way. Gandhigiri means protesting in a peacful way but in a way that embaresses the people being protested against.




    fundo14
    04-18 05:43 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



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