Saturday, July 2, 2011

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  • BharatPremi
    03-28 11:20 AM
    You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D

    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)




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  • h1techSlave
    06-29 10:43 AM
    The answer to your question is: Nothing. They may be waiting, because of many reasons like, they are scared, do not care, there are other opportunities, tired of this immigration crap, lack of enough knowledge regarding their rights.

    Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.

    Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.

    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.




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  • gjoe
    10-08 05:12 PM
    No one is saying people are cutting the line. Most of us are saying USCIS is not processing cases on FIFO. Either you don't know the fact that USCIS approves cases in whatever order they are doing now or you are just pretending to be ignorant of the fact.
    I don't know for whatever reason you don't see the fact what people are talking about here, but I don't blame you. If what people want here doesn't suit our case we may not like it. But please, just trying to beat around the bush is not going to help anyone here for that matter not just me alone.
    You suggestion of sending flowers seems like that is the only solution to all the problems. I would say the reversal of the July 2 visa bulletine didn't just happen because of the flowers the members sent, the law suit AILA wanted to file against USCIS was one of the major reason apart from the California's Lawmakers letter. So please don't try to cut peoples idea by trying to belittle them, if you don't agree with them it is ok, if everyone agreed on the same thing life will be so dull.

    gjoe/and others,

    No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)

    Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.

    Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?

    Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?




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  • BharatPremi
    11-01 05:21 PM
    I am july 2 filer

    I believe 180 days are over around 31 dec 2007 for using AC21

    I am planning to quit my job and go to india for max 3 mnths

    I have a job offer and they are ready to hire me from 1 april 2008

    what precautions should i take so i dont have problems while coming back

    I am planning to use AP

    I would take 3 months of vacation (With written vacation approval from this date to that date)at present employer ( Even with "No Pay"), come back from India, THEN QUIT and then join new employer.



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  • alex99
    04-30 03:10 PM
    That data include all EB categories and Even BEC cases.




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  • settling_withgc
    07-18 02:19 PM
    I got my FP done in Jan 2008 but we never got the FP for my wife. We put in a SR with USCIS customer service.
    We did get a response about the delays, but it is taking more than 60 days to get a response.

    It has been 5 months since that response came.

    We called USCIS customer service and they suggested to go to the fingerprinting location, along with original I-485 receipt notice and the letter stating the delay and see if the IO would take the FP the same day.

    Lets see ....



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  • gcbikari
    04-25 01:50 PM
    [QUOTE=gcbikari;242385]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.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.




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  • sum12345
    08-13 02:42 PM
    Hi guys,
    Did anyone noticed that 2nd july filers who got their RNs have not got any LUD(s) on their approved I-140 :confused::confused:

    Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?



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  • clockwork
    08-22 05:22 PM
    I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...

    Yeah me too. I had a LUD on 7/28 on my I-140 approval notice. I wonder, what is going on here? Thanks -




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  • bombaysardar
    06-13 06:40 AM
    WOuld appreciate if you can share your experiences.
    Thanks!



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  • CADude
    08-14 02:58 PM
    I think you will OK. Please wait couple of more days. :) TSC is slow in receipting...

    My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.

    I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:




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  • permfiling
    12-16 02:11 AM
    Well...I came in 2000 as a student...infact I had more stress in US ...never worked so hard..worrying about everything ...so i would put that I had a good time in india only...as I never imagined that I will be doing hi-tech bonded slavery..play to your mgr/employer's whims ...

    Going to india atleast every 2 years, I see lot of potential and oppurtunities for business...tatas, mittal, infosys are buying companies in US so money is in asia now so you see all US companies flocking to tap Asian mkt. Having said this, I think I am looking back to go to india after couple more years of stay.

    Cheer up as wherever you are, you make your surrounding good....

    At the end, all bogs down to how happy you are !..:cool:

    contributions $500


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?



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  • desi3933
    02-12 02:31 PM
    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.


    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    You are entitled for back wages until terminated. Such termination should be well documented and properly served.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...

    I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).

    In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • neverbefore
    08-29 11:57 PM
    take your 485 and 140 receipts.

    Just thought I will share my Infopass experience.

    I had an appointment at 1:30 pm in LA. Reached there in time but had to wait at the tail of a long line despite first asking the security person about the location of Infopass entrance (assuming there was one).

    The same guy announced after 10-odd minutes that Infopass people should follow him to a door and so we did. The clerk at one of the windows inside took a long time and then asked us to take a seat and wait to be called.

    We got called in 10 minutes and this clerk now said that for our case, we needed to be sent "upstairs" but since it was already past 2 pm and we had "so many files" (3 to be exact), we needed to book yet another appointment for an earlier time slot! Impressive!

    We have done that now and hope to get some insight next time around. Funny that nothing about 2 pm is mentioned anywhere when booking an appointment for Infopass.
    :rolleyes:



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  • arnet
    05-04 02:55 PM
    what about country limit or quota (hard country limit too)?




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  • boreal
    12-10 02:58 PM
    pls email the url of the site you mentioned above

    There are two posts from 'Ticked Off' at this link:

    http://www.steinreport.com/archives/009849.html



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  • marty
    05-30 10:39 AM
    Thanks Marty.
    Just keeping my fingures crossed.
    POE will be peace bridge niagara falls.

    I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:

    1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.

    2. Locate the medical insurance office and obtain your medical insurance card.

    3. Go to the post office and obtain a PO box.

    4. Open a bank account. Use the PO box address as mailing addres.

    Good luck.




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  • sumant18
    08-27 04:48 PM
    Any updates on your end? I am in the same situation. My wife received hers over a week ago but I am still waiting. Approval notice received more than 2 weeks ago.


    I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance

    Post Decision Activity

    On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.




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  • Ramba
    07-12 11:59 PM
    Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?



    Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.



    H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.



    Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.



    If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
    -Learn about what is law, rules, regulation; which is binding which is not; then post here.
    http://immigration-information.com/forums/i-140-job-portability/4396-cis-memo-on-i-140-job-portability.html
    http://www.immitips.com/?p=1116





    Very good arguments. If they issue any RFE for your self-employment (if you are in it) argue with them with these points; and good luck




    kshitijnt
    07-09 03:28 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.




    vempati
    08-21 08:54 AM
    Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
    Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.



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