Sunday, June 26, 2011

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  • desi3933
    06-18 12:26 PM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.

    ----------------------------------
    Permanent Resident since May 2002





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  • gcformeornot
    08-16 02:35 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    Most of the companies have clear cut HR policy on who is covered who is not.
    No matter what HR member said they will follow HR policy.





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  • bkam
    05-18 10:30 PM
    Every time when such "mistake" is made (honest mistake or on purpose), the core group and people who have been involved in the interview must react (faxes, letters, email) and stress that IV is international, not an ethnic group.

    This is important for our common goal.





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  • Kodi
    06-03 09:16 AM
    How does it work?

    According to the list an Accountant position requires a STEM discipline in Computer Science.

    So an MS in Computer Science falls under STEM but an MS in Accounting does not?

    Could some please verify this?



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  • GCplease
    08-16 02:33 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    You really can't do much about it now.

    If you wanna fight your employer, you may end getting fired.

    So, just bite the bullet and pay.





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  • eb3retro
    12-25 01:23 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD



    for god sake, let us know the name of the employer. that will save a soul or two. thanks.



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  • sandeep77
    07-26 04:09 PM
    hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??





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  • Abhinaym
    09-04 02:09 PM
    That would be sweet I guess. My PD is Oct. 07. :)

    Same here. Would like the prayers along with waitforevergc....

    :D



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  • reddymjm
    05-21 01:55 PM
    hi,

    Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.

    It is no longer available.





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  • sobers
    02-21 03:59 PM
    good job, eb3_nepa!!

    While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.

    That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.

    Thanks! Keep it up!



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  • lvinaykumar
    08-15 07:54 PM
    good luck with your green...





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  • tammigaw
    02-15 02:14 AM
    It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .

    When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .

    Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .

    During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .

    If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .

    Can any one please shed some light in this grey area.



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  • raysaikat
    06-20 08:59 PM
    [snip...]
    As long as you have the I-797 approval petition you are good.

    S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.





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  • chanduv23
    11-10 06:13 AM
    And shat exactly is the point of this discussion again? More ranting?

    You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.

    The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.

    We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.


    About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.


    I would say USICS and Lawyer are OK, but HR - no way. Very few HR are helpful. Usueally HR in small companies are quite helpful. HR is the most influential person in an organization. Never never assume HR helps you. If HR talks sweet - then it is most dangerous - they can mess with your lives. The HR in my first company was the best and I have never seen such people anywhere else - he was good because he was basically and MBA with HR experence. He used to take independent decisions and used to do "what he feels is right" and manage his bosses well - such are rare find. Most HRs are difficult and dangerous to handle. If something goes wrong and you approach the HR, HR "though is supposed to help you" will pretend as if he/she is helping you but will work against you.

    It may sound silly but in one of the company I worked, I had issues with the travel agent who was giving me tough time (mine was a travel job) and the HR screwed me big time because of her friendships with the travel agency (very popular one) whereas I thought HR would actually help sort issues.

    Many people fail to realise that the corporate world is very selfish - companies want you for your skill - when they give you a job it means they are paying for time and skill and they do not have any ties with you. You must know how to play your cards and always watch your back.

    Lawyers and USCIS are just external entities like the travel agent I mentioned above. They will be happy to work with you if they have a choice. So it is your choice.



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  • bikram_das_in
    10-20 06:15 PM
    Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.





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  • whiteStallion
    03-31 12:27 AM
    Congratulations !



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  • eb3India
    09-05 03:57 PM
    Well if the Republicans want those hispanic votes why dont they
    pass the CIR right away? Why they have to wait until the mid term?

    oh yaa, they will be losing all the red-neck neo-cons vote ;) right away, in my view everybody includeing Dems are just test water and see how people in their consitutancy are feeling about immigration subject and results show many americans are against CIR in principal (thanks to Lou and co campain).

    It will be really bad if Reps wins the house again, they can really push their neo-con agenda and CIR will be history very soon.

    so It is really important for us to have Dems wining this election :D





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  • JunRN
    08-11 06:00 PM
    True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.





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  • chakdepatte
    12-10 11:43 AM
    Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!

    Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.

    Keep dreaming. DREAM act ain't going anywhere.

    Oye chuck they fatte.





    texcan
    01-06 04:33 PM
    The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.

    Now my experience may be different, but i believe there are some differences in the process.

    My AP Experience:
    No secondary check, i told officer that we are using AP. He said fine,
    took both copies , stamped with AOS stamp and gave back both copies.
    I donot think he made a copy for himself or even kept one original.

    I was worried about re-entry as my wife had status change and had not gone back home after status change; and then this 485 filing.
    But overall it was very sweet.

    I must say there were few others going thru AP process at Chicago with us, and no one had to go to another room for screening or Finger printing.
    My gut feeling is, we had our FP for 485 done earlier this year in US so they may not need another FP. The FP when using AP might be for people who have not gone thru FP for 485.

    my 2 cents,

    AP is easy no worries, as long as you have right papers ( AP ) you are good.
    We were not asked for anything other than AP.

    HTH





    seahawks
    03-15 11:57 AM
    I also just emailed.
    thanks.

    just faxed my wife's and my FOIA letters too..