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  • SunnySurya
    08-18 02:06 PM
    Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
    You forgot to mention (d)
    (d) logoff and close account at IV after getting GC




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  • GKBest
    10-02 11:27 AM
    Hi everyone,
    Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.

    And what time? Hopefully, I will be in that box.




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.




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  • GCplease
    07-07 12:25 PM
    I live in Virginia Beach. I am willing to come to DC if a rally is being organized there. Please let me know the details.

    Jag



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  • Positive
    07-20 12:44 PM
    We all are equally frustrated with the situation we are in. We can always find reasons to fight within our community (EB Vs FB, Legal Vs Illegal, EB1 vs EB2 Vs EB3 - the list is endless). These outburst of frustrations / arguments and counter arguments do not take us anywhere.

    Let us keep supporting IV and build a strong partnership of interested parties. Let us focus on areas where we can agree. Many among us worked hard to build this community, let us try to strengthen and preserve it.




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  • browncow
    07-12 05:40 PM
    AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.

    absolutely no reasoning or logic, just pure pessimism.



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  • tikka
    05-23 11:24 AM
    I emailed and used the "contact us" form. It asked me if I wanted a reponse and I clicked - yes.
    Have not heard back from them. Has one else?

    thank you




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  • jonty_11
    07-28 12:07 PM
    It is great to see human nature at work. Once united and making phone calls for the 3 lofgren Bills...the same folks are mulling it out over EB2, EB3 and how most of the folks dont even deserve to be either....Interesting fodder for Anti Immi folks.....
    W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
    But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...

    So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!



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  • chanduv23
    02-17 02:53 PM
    Answer to this:



    this:



    And this:



    is this:



    Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?


    The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service

    Same with IV. If IV is just a rant board, who will believe? We must change IV!

    Well, it goes beyond that. This is a "complicated story with no sub titles".

    IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.

    I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.




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  • asdcrajnet
    02-01 09:03 AM
    I thought of going back after getting citizenship, but that would be another 8-9 years at the least. I would miss the big ride in India. When I went there(Coimbatore, Tamil Nadu) 3 years ago, I did not like it that much. But I see a big change in the last 3 years. Infrastructure is improving. Few of my friends have already gone back and are pretty happy over there.



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  • delhiguy79
    07-22 12:56 PM
    Nothing at all about my US GC ... ( i just filed 485 about a year ago - this was about 3 months before that)
    These are approx conversations :)

    Why did you come here instead of home country ... i came here to do the landing, and thought i'll do the visa stamping as well + Regular employer/ job /education questions ...come back tomorrow to collect the passport

    Mine was same employer

    but u must ve mentioned on ur DS-156 that u ve filed GC ?

    Also did u take ur own car or rental Car?




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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).



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  • gckabayega
    08-31 10:01 PM
    Sent I-140 and I-485 applications on July 12 and received on July 13.
    Received receipt notices on Aug 31 from NSC for my I-485, EAD and AP
    For spouse- I-485 and AP.




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  • gcspace
    10-03 10:17 AM
    Hey Guys ,

    I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..

    I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.

    Anyone else got a similar response ?

    To my knowledge its not business days, its 90 calendar days.



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  • caydee
    05-23 07:25 PM
    I like this as it gives a personal touch.

    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years � 2.2 million a year � to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor�s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    David Chappel




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  • gc4me
    04-22 03:53 PM
    Miss obviously,
    either you have a chicken heart or you are a silent partner of a blood s#$king deshi consulting.
    kg318, this is your money and you earned it. Don't give these suckers any option to suck your earned money. Charging for GC process in any stage is totally illegal no matter which state you are from. It is DOL and USCIS policy not of a state.

    I see some people trying to talk here in favour of employers straight or some times using curves. Remember kg318, there are members here who have consulting company ties and who here talks for them as well. Be judgmental.

    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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  • CADude
    08-01 04:58 PM
    If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)

    Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
    If it goes like this, it will take a century to get EAD and AP itself.

    Just venting out my frustration...:mad:




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  • jsb
    12-03 03:41 PM
    We all pray for Mehul. Collective prayers can be very strong.




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  • admin
    05-06 03:55 PM
    Another warning. We will not tolerate flaming wars or denigrating posts.

    Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.

    If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.




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    11-21 10:13 PM
    If Your spouse is Fijian born, you can try cross chargeability for ROW quota.




    vallabhu
    07-02 10:00 AM
    My Attorney mailed 225 Packages via DHL shipped at June 30 12:00 EST on Saturday, I was 5 minutes late so mine went on 4:00 PM FEDEX.

    I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).



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