Monday, July 4, 2011

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  • Sachin_Stock
    09-23 02:15 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

    Thats a ridiculous assumption!




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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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  • chi_shark
    07-10 11:28 AM
    so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....

    looks like this case actually tells me that maybe we could do self-employment easily...

    Link to EB-1 case where I-140 was denied because job offered was not "permanent".

    Link
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

    As per this document
    .




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  • franklin
    06-05 05:06 PM
    Sent May 31st to arrive June 1st - no receipt number yet. My laywer said it will take about 10 days to get receipt...



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  • pvpb
    09-27 02:02 PM
    Hi All,
    Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.

    I am gettign tensed as the days are passing by.

    venkat




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  • kshitijnt
    05-09 10:16 PM
    The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)

    Sending poorly drafted letters may not speak well of our community please

    Regards,

    Saptaswara

    Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?



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  • greeku_veerudu
    08-21 07:50 PM
    I am happy to report that we got our approvals. No SMS, no emails, no status change. Infact, our online status still shows RFE review. We got welcome notices yesterday and that's how we came to know about approvals. Got LUD on an old H1B on 8/14/2010.

    PD: Nov 21st, 2005
    NSC
    RD: 7/20/2007
    ND: 9/21/2007
    AD:8/16/2010




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  • sheela
    11-21 02:25 PM
    Mehul,

    It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.



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  • apahilaj
    08-01 12:24 PM
    Dear all,

    I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?

    My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...

    I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?

    Thanks and good luck!




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  • sukhyani
    12-15 11:24 AM
    contact the author

    http://www.manhattan-institute.org/html/jacoby.htm


    Thanks



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  • techskill
    11-21 12:48 PM
    Dear Mehul,

    I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
    If everybody prays together even GOD cannot resist.

    I agree with WeShallOvercome and logiclife.

    We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.




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  • leoindiano
    02-05 01:16 PM
    We can get inforpass by visiting https://infopass.uscis.gov/, i will try that.



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  • kprgroup
    02-09 12:21 PM
    India Super Cycle Report




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  • aj1234567
    10-04 06:16 PM
    Hi
    Any body got finger print appointment letter who filed on Aug3.
    Thanks
    AJ



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  • hiUS
    09-03 10:42 PM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    Thanks for the info.

    I heard some where that the problem with accessing with Biometrics for the transfered cases.

    I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...

    So, may be this is happening for the cases like mine...

    Is your case also in the similar lines...




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  • sankap
    07-09 10:00 PM
    Chandu,

    1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

    [Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]

    Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."

    2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."

    I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."

    sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
    the "permanant" job means "the job is always there" as per projection.

    even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

    The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

    So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

    Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

    Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now



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  • pd_recapturing
    08-18 01:12 PM
    why cant we just file a lawsuit ??? What's stopping us from doing that ?
    Where is IV core these days ? There has not been any news from them for so long.




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  • kss
    07-20 09:08 AM
    I pledge $200 for this noble cause.




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  • ArunAntonio
    07-09 06:01 PM
    Naveen
    drona

    Can you guys also update the 'Gandhigiri' in Wiki

    - AA




    nk2006
    10-05 12:28 PM
    On the topic of �getting some of our measures during lame-duck session�, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it�s encouraging. see following:
    ================
    From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
    http://www.yaledailynews.com/Article...rticleID=33577
    The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.

    =======================
    This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:

    The Road From Here:
    On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
    ====================

    your comments / speculation / educated guess.......??...




    sertasheep
    05-05 06:35 AM
    Most of us can relate to the discomfiture and concerns that our members have. Hang in there, I often listen to either Natasha Bedingfield's "Unwritten" to find inspiration (or Shahrukh's Kal Ho Na Ho title song). Find inspiration in something, direct your energies towards something positive, and your quality of life will get enhanced even amidst duress. Write about your experiences, share your grief, and make your voice heard via the various media efforts at IV.



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