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  • dummgelauft
    01-25 03:09 PM
    So their punishment is getting to live on an island in the south pacific? Sounds more like a reward... :D

    the keyword is "Un-Inhabited"..





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  • Ram_C
    11-10 12:24 PM
    where is USCIS announcing FP dates?
    I filed in July and yet to get FP notice.

    as far as I know USCIS haven't published any FP related time lines.

    hope everyone will receive FP notice soon

    good luck :)





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  • GCInThisLife
    06-02 12:16 AM
    Well.. it didn't turn out to be a major issue after all. At least for us. Both my self and my wife got approved in May. The first LUD since FP was on the day we were approved.

    I do understand that 'not working' immediately after getting H1B is a problem and considered out of status and in addition you can also work while SSN is pending. However, most employers do not know about work with out SSN (pending) and according to some lawyers, we may be able to fight for this.

    As I investigated further, there are so many people in the similar situation esp. spouses, i.e., getting on payroll a little late etc. Many of them for genuine reasons (though you will find fault with those reasons) and fell into unknowingly. However, most of them got GCs with out any problem.

    The trick may be to put forward the documentation in such a way that it will not raise any flag. You require to submit Paystubs, w2s, tax returns only for primary applicant as supporting documentation I134 (affidavit) to prove that the dependent is not public charge. You need to make sure that information entered in the any forms (I485, Bio, I-134 etc) agree with supporting documentation such as I94, I797, PP/Visa or any documentation you included. If information do not match, it may raise a flag and IO may ask for more information. So do not get overexcited and submit only what is asked. YOU SHOULDN'T LIE. JUST SUBMIT ONLY WHAT IS ASKED.

    I do understand the forms are useful, but I honestly feel that it is unnecessary stress. As I mentioned I was never been under so much stress as I was when folks pointed that we may not get GCs. I didn't sleep for couple days.. And stopped visiting this forum. Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week :).

    There are few people who are truly helpful, but most come to forms just for kicks and show of their knowledge and talk/act like lawyers. My suggestion is DON'T HURT PEOPLE WHO COME FOR HELP. Esp, when there is something negative, don't try to prove and re-prove your point or satisfy your ego with logical answers or internet search results etc. This will hurt the person 'in trouble' even more. Just imagine your self in similar situation, then you will realize that most people get into situations unknowingly and probably unaware of till some one like you points out. Try to offer some suggestions if you can or stay away. If you want kicks, have a drink and watch a game or something. THANKS FOR READING THIS.

    BYE BYE. Good luck to every one who is still waiting.





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  • leo2606
    09-19 08:02 PM
    Anna35,

    You think right after the rally USCIS will distribute Green Cards at the union station ticket counter? How stupid you are talking, look at you.Ask yourself the following question.

    1) How did I ask these stupid questions?
    2) Am I contributing/contributed a penny for IV's efforts.



    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............



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  • little_willy
    08-22 01:55 PM
    Its beyond me, why would EB3 go back to 2001 when new numbers will be available beginning Oct 07. Disappointed and mad

    No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.

    For folks wondering how I came to the 816 visa number

    Total GC available = 140000
    7% country limit = 9800
    split for EB3 = 3266
    spread for each qtr = 816

    Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.





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  • franklin
    04-13 08:44 PM
    hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular

    If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.

    Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.



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  • GCapplicant
    06-12 05:22 PM
    There is no offence in the remark- so true...blessed many more to come and will follow us.





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  • kalia
    07-04 04:35 PM
    Medical: $ 400.00
    Lawyer: $3,000.00
    Fedex: $ 100.00
    Documents: $ 20.00
    ===================
    TOTAL: $3,520.00 APR.

    Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
    Frustration that I am going through since Monday Morning: Can't estimate the cost.

    Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.

    My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.



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  • Leo07
    06-03 04:53 PM
    "(b) Worldwide Level of Employment-Based Immigrants- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:CommentsClose CommentsPermalink

    ‘(d) Worldwide Level of Employment-Based Immigrants-CommentsClose CommentsPermalink

    ‘(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--CommentsClose CommentsPermalink

    ‘(A) 140,000;CommentsClose CommentsPermalink

    ‘(B) the number computed under paragraph (2); andCommentsClose CommentsPermalink

    ‘(C) the number computed under paragraph (3).CommentsClose CommentsPermalink

    ‘(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--CommentsClose CommentsPermalink

    ‘(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; andCommentsClose CommentsPermalink

    ‘(B) the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year.CommentsClose CommentsPermalink

    ‘(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--CommentsClose CommentsPermalink

    ‘(A) the difference, if any, between--CommentsClose CommentsPermalink

    ‘(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; andCommentsClose CommentsPermalink

    ‘(ii) the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; andCommentsClose CommentsPermalink

    ‘(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.’.CommentsClose CommentsPermalink

    (c) Effective Date- The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
    "

    The same bill text can be verified here:http://www.govtrack.us/congress/billtext.xpd?bill=s111-1085

    I think his post was based on the summary on the site.

    "OpenCongress Summary:
    This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."





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  • mitasa
    10-29 01:57 PM
    I’ve been reading too many posts, queries and concerns and feel that I am not sailing alone.

    I have a few questions:

    1) How does USCIS work? Do they have a set of rules? Is there a law stating they would provide AP or EAD (for all legal eligible cases) within 90, 120, 150 or 200 days?

    2) How can a person who is trying to immigrate legally (tax paying) make USCIS answerable for all these delays?

    3) Does the law of the land provide any opportunity for us (people trying to immigrate legally) to question USCIS for the delay?

    I’m all questions. Please share your thoughts….

    Thanks in Advance



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  • nc_sekar_415
    01-27 04:08 PM
    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."





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  • asindu
    07-14 10:03 PM
    IN RESPONSE to AKRED: My dads priority date is july 2005, so how does that give me amnesty...he applied under PERM!!! Btw if you do not support DREAM ACT than you shouldn't be on this forum...



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  • bestia
    01-26 08:51 PM
    Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.

    I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.

    Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.





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  • stucklabor
    04-12 12:39 PM
    Guys, these are all good suggestions.

    However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:

    USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.

    The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.

    If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.

    At this point, I am going to go back into hibernation. Thanks.

    BTW, please don't quote a whole post if all you are going to say is "I agree".



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  • Berkeleybee
    02-28 09:02 PM
    All,

    I'll be attending this meeting with Zoe Lofgren's staff. It would be great if we got a new volunteer --someone who hasn't been to a lawmaker meeting and wants to learn how to run one.

    best
    Berkeleybee





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  • th5000th
    11-25 07:13 PM
    Current does not mean beyond your PD. There is no mention of PD's being current anytime soon.

    What I mean is the analysis is too optimistic for EB2 China/India, which is hard for me to believe.



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  • jthomas
    04-13 05:27 PM
    Thanks IV core members for helping a member in our community. this will help me to support IV's agenda in future.

    Jose Thomas





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  • willIWill
    11-02 12:31 PM
    It is that time again, the eager wait for the next month's Visa bulletin. It is almost like a monthly ritual for many.

    Although there is no clear logic to the movements, there are folks in the line that hold some hope that this might be the one that will get them closer to the GC counter. (happens every month ! :p)

    Since predicting VB dates is as close to pulling stuff out of thin air. My gaze in the crystal ball tells EB2-I and EB2-C to be the same: Feb 05 (hoping for a quarterly spill over in Jan 2010 :) )

    As for Eb3 even the crystal ball turns foggy. I very much wish EB3-I sees some forward movement in the upcoming bulletin; may be at par with or at least close to ROW/China/Mex/Phil.

    Let the Gazing Start... ;)





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  • Sakthisagar
    10-28 01:11 PM
    Brush up your General Knowledge, look around you. If you see, there is a priority date on my post - Infy does not sponspor GC's, atleast not with those priority dates in EB2 category. Can you deduce what that implies?

    You are thinking only about the small percentage of "lost Indians" (including me) who are in this mess - if you really think about your motherland (and mine), help guys like NRN get a good infrastructure in place. By ridiculing him, what are you trying to say? had you been in his place, what would you have done? Settle here immediately, and launch a daily "freighter" to bring all Indians to US? What desh bhakti!

    tonyHK12 rightly said - "look around" - dont get blinded sitting in front of the computer with just one site to visit ;) Look at the good things that someone does, take the positive things out of everything, respect every being - that is what the religions say - if you really believe in one. Wake up buddy - may God bless you!

    BTW, if you ask the Hindu "pundits", it is not a religion at all, its more than just a religion!


    Yeah... very good, now there is two.... this is the proof why EB is not moving or why there is no unity. Keep on arguing and disunite that is the usual desi NRI habit. especially people in USA.

    Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!





    svr_76
    03-11 05:17 PM
    I find the requirements for H/L visa at Hyderabad quite legit.

    Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.

    Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.


    As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).

    What's wrong in asking these documents?





    rajakannan
    06-28 10:19 AM
    Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,

    Source: http://www.immigration-law.com/

    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
    The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.



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