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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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  • 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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  • makemygc
    06-22 11:05 AM
    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?

    This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
    He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.

    Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.

    Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.




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  • psk79
    09-18 07:17 PM
    Finally, EAD card ordered on principal application.... Spouse's was ordered and received 9/12. Finally, mine was PRODUCTION ORDERED this evening.... Any others in the same boat, don't panic... they are doing them in random order....
    No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....



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  • diptam
    06-23 12:15 AM
    Employers who are asking to sign 2 yr agreement are pretty clever in hatching the words - Make sure you don't give the wrong finger :D

    Take it easy...

    What if you assure him by signing a 2 year bond. Once you get the card, give him the finger




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  • desi3933
    07-10 03:37 PM
    ....
    That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....

    Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled

    "Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "



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  • hebron
    07-19 08:08 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.


    I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.

    Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?

    Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.

    I anticipate and welcome reds, greens, blues for this post :)




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  • royus77
    07-07 09:37 PM
    Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.

    Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join



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  • GC08
    07-08 04:41 PM
    Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....

    Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...

    So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....

    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.




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  • saptaswara
    05-09 09:54 PM
    Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.

    The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.

    As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.

    Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.

    Thanks and regards!

    Saptaswara



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  • ski_dude12
    08-26 03:33 PM
    Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.

    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.




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  • anzerraja
    07-19 09:00 PM
    Thanks !

    Count me in for $100 for reimbursement.

    One time contribution $100 to IV earlier in the month.

    Thanks to IV core and members for all the organized effort! Did my small part by joining SJ rally and dragging along 4 others.



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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.


    [Emphasis added for clarity]



    ______________________
    Not a legal advice.[/QUOTE]




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  • kiwi
    07-20 08:21 AM
    Pledge $200



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  • reddymjm
    06-11 09:41 PM
    My application reached NSC on JUN 1st. Recepted on Jun 5th. checks cleared 8th June. Received receipts on Jun11th was mailed by NSC on 7th June. I am still waiting on my wifes. Checks not cleared yet...




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  • abhijitp
    11-21 05:38 PM
    Mehul

    I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.

    - Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,

    - There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.

    - Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.

    - Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.

    - I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.

    - Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.

    God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.

    That is a very well balanced, informative, as well as inspiring post, arc!
    Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.



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  • NKR
    08-18 07:58 AM
    One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
    Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?


    What is your RD?. I think they are going by RD but I am not sure.
    my RD is 10th Oct, ,my PD is May 2004.




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  • NKR
    04-23 09:26 PM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.

    Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.

    When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.

    "Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.


    Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.




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  • utthesta
    05-20 02:12 PM
    I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.

    So I think that the renewal may trigger a FP notice.


    -R
    Hi,
    I filed mine on 27th July, 2007;
    Do I need to apply for renewal now? How sooner or later we can apply for renewal?




    gcdreamer05
    02-01 08:36 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)




    apahilaj
    01-06 08:38 PM
    My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.

    Thanks Parag, your post is helpful.

    One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?

    Thanks and good luck ahead!



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