Saturday, July 2, 2011

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  • pd_recapturing
    04-30 03:27 PM
    I doubt that it has BEC cases (may be some not All) .. Mine was a BEC case that got approved but I do not see in the data posted on this website.




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  • LostInGCProcess
    08-29 11:06 AM
    yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...

    Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.

    We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
    So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).

    Totally unfair, unjustified.

    Maybe we should..........

    1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.

    2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.

    Thats all I can think of right now....




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  • bugsbunny
    05-03 12:46 PM
    Hi, all:

    I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

    (1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
    (2). EAD card valid until 10/2012.
    (3). H1-B visa valid until 03/2012 through my current employer.

    I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

    So, my questions are:

    (1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
    i think you can do this on EAD but confirm with and immigration attorney

    (2). Is there any problem to new my EAD card since I lost my H1-B visa?
    you can work on EAD without H1B but you will be carrying more risk

    (3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
    Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
    BTW its not INS anymore its USCIS


    (4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
    Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.

    Thanks.

    Bruce

    see answers inline
    you can also ask your questions during the free weekly attorney calls we have on thursdays




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  • reddog
    07-09 01:14 PM
    well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?



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  • kumar1
    02-12 02:08 PM
    Sledge_Hammer - You are so shallow in your thinking!

    Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.

    Please do not be so harsh on forums.


    I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.

    D%ck weed, I came to this country with the intention of studying and then working, but to do so legally. I came to this country very well knowing that I have to maintain my legal status, regardless of the circumstances.

    So to counter your sophomoric point - yes, it does not matter if you have spent your prime years working here, it does not matter if you have loans in India, it does not matter if your wife is on H4, it does not matter if your child is a US citizen, it does not matter if you did your masters here, it does not matter if you are from IIT, it does not matter if you're employed through a consultant, it does not matter if you're employed full-time with a "proper" company, it does not matter if your parents in India are sick and you need to send them money; THE ONLY THING THAT MATTERS IS THAT YOU SHOULD BE MAINTAINING LEGAL IMMIGRATION STATUS BECAUSE YOU CAME TO THIS COUNTRY KNOWING THAT!

    So stop complaining @ss wipe and go back and learn to spell and fix your grammar.

    >>>>>>Do you have a brain?
    >>>>>>So why the hell u came to the country
    >>>>>>u ask them to go to their home country is it

    Thinking in your native tongue and translating to another language is NOT a very effective way to communicate. And for god's sake, spell 'you' the way it is and don't short hand it to 'u'. That's the most annoying thing people like you do.




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  • EB3_SEP04
    08-12 06:23 PM
    What I did till now.
    1) Contacted Senator/Congressman/Governor
    2) Filled 7001 form for Ombudsman
    3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
    4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.

    Did you do all this for EAD?



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  • belmontboy
    09-24 01:08 PM
    The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

    I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

    Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

    This is very simillar to labor substitution...

    Thanks for your "sincere" concern.

    There is no abuse in porting, don't worry about it.

    Porting happens as prescribed by law, unlike Labor substitutions which was being sold for $$$. These days its not easy to get filed in EB2 - as the labor market is very bad. If someone gets through, then they really deserve it .

    Don't get paranoid about porting. Porting is there for a reason and will stay. Doesnot matter whether you like it or not!




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  • phillyag
    08-25 01:47 PM
    No I did not...the date before it was of back in 2008.
    My PD is Jan-17-2006 at NSC.

    I got another soft LUD today but no change to my 485 status.

    What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.



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  • nixstor
    06-22 01:45 PM
    I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
    If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.




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  • Prashant
    07-10 10:30 AM
    A shipment of 100 Blooms of Peruvian Lilies, ProFlowers order# EGONZA0*****, was delivered by FedEx for Emilio Gonzalez at the requested address of

    20 Massachusetts Avenue, NW ,
    Washington, DC 20529

    on 7/10/2007.



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  • raju123
    07-03 01:31 PM
    Please send following message :


    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration

    Don't worry, we will wait for 100 years for our green card.




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  • gc_lover
    07-03 07:20 AM
    It is good to know that there are a few willing to do something about this!

    But we need more people!

    Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!

    Don't go on with your lives as if nothing happened and don't think that nothing will happen!

    Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!

    So start to believe people! You can make a difference!

    Instead, lets "go postal" on USCIS



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  • psaxena
    02-25 04:21 PM
    Pappu,
    Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.

    FreeRiders,
    Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.

    Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.

    So don't be ashamed of yourself by not donating and donate generously.




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  • reddymjm
    06-12 10:52 AM
    I think both Attorney and we will get the receipts. By the way it may be too early to ask but can't control it .. any one got FP notice or EAD's?
    Some months back two of my friends got EAD,FP Notice immediately.
    If your case is at Texas you can dream about it. You will get FP in a month. Last I heard was EAD in 6 weeks. But you never know....:)



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  • vinabath
    04-19 10:43 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    i think as long as you are not working for the same client after you moving to the preferred vendor you should be good. Usually non-competes are created to protect their business. this is the simple non-compete. i think there are 2 solutions in your situation.

    1. If company A is doing lot of business with company B or Client. You can ask help for the vendor or client to convince A. usually A should will oblige as they might risk future business from Vendor or Client.

    2. As you have already told which company you would be working for.... ask A for a raise.....

    As far experience letters are concerned...... they have to give it.




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  • senthil1
    03-09 02:44 PM
    Actually everyone should get copy of the receipts from DOL or INS whenever company received and also they should communicate to the lawyer every 3 months to get the status. Atleast the errors due to company or Lawyers should be avoided. One may not have much control after it goes to INS or DOL but persons make sure that everything filed properly. Some lawyers promtly send copies of all the communications both inbound and outbound. That will give gc applicants chance to review the various process and they can try to correct if any discrepancy or errors


    Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..



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  • manderson
    10-05 10:34 AM
    Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.

    Am I the only one who thinks that if Democratics takes over the House, we are screwed?




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  • hindu_king
    05-08 03:01 PM
    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency

    What location?




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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.




    reedandbamboo
    09-14 11:04 AM
    I am a member of the Tri-State Chapter. I've been meaning to ask you, could you take a look at this letter and the posters and bring it to the attention of the Tri-State members?

    Here it is: http://immigrationvoice.org/forum/showthread.php?t=21340&page=5

    Could the rest of you'll following this thread bring these materials to the notice of your respective State Chapters?

    Thanks all!




    cjain
    11-01 05:20 PM
    Gurus, experts, malik log...

    Pls. illuminate us on this topic...



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