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  • obviously
    04-21 06:26 AM
    kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

    It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

    Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

    If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
    It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

    Sabre rattling might get you out of this one, but the world still remains a small place!





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  • h1bmajdoor
    07-08 05:07 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.

    she can say whatever. the courts have to agree.

    if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.

    not that the constitution was against slavery.





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  • ronhira
    09-25 08:48 PM
    Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)

    YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)

    & this'll be the result

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)

    Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)





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  • GCmuddu_H1BVaddu
    08-29 08:42 PM
    so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
    I am talking to you l



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  • diptam
    06-22 04:52 PM
    File 485 on your own Man - They are even contemplating even in issuing the Employer letter.

    They are telling me that let the PD retrogress again - we will go by H1B :)

    My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.

    I was thinking of disclosing my employers name but then I will never be able to file I-485





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  • kosu
    06-13 06:53 PM
    Atlast all my checks are cashed today. I am able to get my case number from the checks. Even though INS received my application on June 6th, in my 485 it says that they have received my application only on June 11th. Wonder why?



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  • makemygc
    08-01 01:11 PM
    My i-140 no. starts with SRC 06, is this also from Texas?
    If you have I140 receipt with you, just look at the bottom. It will tell you if it was from NSC or TSC.





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  • jindhal
    09-24 01:35 PM
    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

    Thank you!!



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  • gcsomeday
    06-26 06:13 PM
    record conversatios with these jack ass employers. It is surprising how much crap and illegal things they tell and do during negotiations. Not sure about the legality, would not harm if you dont use it. We keep seeing news on people getting screwed and then when outed the victim is not usually screwed by the system again.

    Also, I wonder if any employment contract not tied to any reasonable time estimate( like 485 - who knows when we will get it) will hold.Its akin to slavery.





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  • gauravster
    07-08 04:10 PM
    What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
    .

    By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.



    When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.

    Unfair does not always mean illegal.

    .



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  • kumarc123
    05-08 03:53 PM
    So who is the leader who is responsible of DOING stuff with that money when I contribute

    You are the leader, because your are paying for it. Instead lets maybe assign a florist, we pay through google pay have them deliver the flowers too Dc or Obama administration for living up to their promises and how USCIS is promoting racism. Obama just came out with the article on how education is important and how unemployed people should consider going to college and state departments should offer help.

    We should question in our conquest, is this what president is referring too? Is this what this nation wants?


    Please lets make this happen! Lets find a florist and we can place our orders.





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  • acecupid
    09-24 08:59 PM
    I am moderately amused by your usage of the phrase "Stay in line" :)

    The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.

    There, does that explain it in your own terms ?

    In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.

    So "Stay in line" :D



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  • SleeplessinSeatle
    08-19 10:30 PM
    Thanks.. All of our checks were sent by lawyer and they were not telling me any thing. When I asked them repeatedly, they just said checks have not been cashed and our dear USCIS refused to give any update, as it has not been 90 days. I am still waiting for FP notice or receipt for my I485/I131 and receipt for I485/I131/I765 of my wife.





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  • diptam
    06-22 12:16 PM
    My employer is also behaving exactly similar way... Spend the money from your own Pocket ( 350 med + 385 ) around $750 and ask them to just
    give the Future Employment Verification Letter for 485.

    I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..

    After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!

    If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)

    Sounds like a Plan ? - Let me know !
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?



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  • purgan
    12-10 09:44 AM
    All the appropriations bill will be dealt by the new Democratic Congress in Jan-Feb (CR expires Feb 15). Immigratio Relief provisions can be attached to these bills...i believe there is widespread support for these among both Democrats and most Republicans





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  • unitednations
    08-24 09:28 PM
    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.



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  • ganpya2000
    11-18 01:17 PM
    I got following reply from Sen. Franken

    Thanks for contacting me about the DREAM Act. I appreciate you sharing your concern with me on this issue.

    There are thousands of young people in the United States who have gone to school, done their homework, participated in school activities, received their high school diploma and wish to go to college - but whose parents brought them to this country illegally. These youth face several barriers to a college education. Federal law currently limits states' ability to offer undocumented immigrants in-state tuition, and they are also not eligible for federal student financial aid.

    I do not believe that we should punish children for their parents' actions. For many of them, the United States is the only country they consider home. With the chance to attend college, they will be able to fully contribute to our nation's future. The DREAM Act, S. 729, would allow undocumented immigrants who came to the U.S. as children and pursue a college education or enlist in our nation's military to apply for conditional permanent resident status.

    The DREAM Act, of which I am a cosponsor, is bipartisan legislation narrowly tailored for undocumented students who have lived in the United States since they were children, succeeded in school, and want to be productive members of society. Requirements to be eligible for the DREAM Act include having arrived in the U.S. at age 15 or younger; having graduated high school; having served in the military or attended college for at least two years; and demonstrating good moral character. The DREAM Act is the chance we're giving these young people to earn legal status by working hard to attend and succeed in college.

    Again, thank you for contacting me, and I look forward to hearing from you in the future on this or any other matter of concern to you.

    Sincerely,

    Al Franken
    United States Senator





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  • realist
    02-03 10:30 AM
    [QUOTE=PavanV;2311091]

    I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?

    Just kidding :-)

    :D
    Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
    Kidding too!





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  • willwin
    07-28 01:09 PM
    What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.

    All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?

    Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!

    EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.

    EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.

    The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!

    Is that a new division? Active IVians and inactive IVians? LOL

    BTW, sorry to say that the active IVians are minority here.





    eb3_nepa
    07-05 01:29 PM
    Instead send flowers to the MEDIA itself to notify them of how the sweet smell of the flowers reminds you of how sweetly various Government agencies have screwed us.

    Better still, send them a Bundle of your SMELLIEST Trash (the media NOT the lawmakers). Let the card read something like, "I smell a STINK at the USCIS/DOS/DHS" or "The Legal immigration policy STINKS!"

    Trash zero dollars
    Card from Hallmark, two dollars 50 cents.
    UPS Fee ten dollars.

    Getting the Message Through ---- PRICELESS ;)





    texanmom
    12-17 05:29 PM
    Like many many people have said before - the GC is not the end of the road. it is just a milestone. Life goes on, irrespective.

    Try playing this game:
    1. What if my GC is delayed by 10 yrs?
    2. What if it is denied?
    3. What if I have to go back to my home country?

    What if, what if, what if....You will find that it is really not as bad as you think it is. The alternative solution may be much better, and make you much happier.

    We have been here since 2001, had 4 GC processes started between me and my husband. The one with a PD of Dec 2005 (under Eb3!!) is the one we have used to get our EAD's. Yeah, its a long, long wait - but has that stopped us in any way?

    1. My husband has a very good job and likes what he is doing- although he would like to cut down his travel.
    2. I have a v.good and v.well paying job
    3. We have 2 beautiful daughters - who are both American citizens by birth.
    4. We have a beautiful home ( we bought a house 3yrs ago, irrespective of the fact that we were on a H1B)
    5. We have fairly good savings, good US education, diverse & valuable work experience
    6. A Canadian PR as a back-up

    What I am trying to say is this - you cannot control USCIS/ DOL/ the FBI...but you can take charge of your destiny. Build a strong foundation for yourself and your family. Have a good back-up plan (or two!). Participate in activities that interest you. make a difference in others lives - educate a few children. Take care of an elderly person. Leave a legacy behind.

    And have a good life! Stop worrying! Happiness will follow.

    Cheers!