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  • simple1
    05-01 05:04 PM
    I am unable to edit the poll. Can Admin edit the poll and prefix the question with word financial.

    btw, I used word support in the poll to refer "financial support" to IV regarding this clarification issue..

    Can you add another question in the poll?

    Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)




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  • man-woman-and-gc
    09-16 10:40 AM
    Dudes & Dudettes,

    Hasnt the issue of processing order been beaten to death?

    I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?

    USCIS can always pull the security reason trump card here.

    moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?

    We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.

    My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)


    What do we have to lose here by this effort:
    1) $100 or so
    2) A few hrs of effort in mobilising and motivating people

    What do we have to gain:
    1) A sense of unity if we can get anywhere close to 1000 supporters
    2) A chance to win against years of injustice and broken system.

    Comparing both...I'm definitely in.

    Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.




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  • vinabath
    04-22 11:31 AM
    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!

    I agree with this post. Solve this amicably. Non-compete clause is a strong one and is one-sided.

    If you are worrying about 4k you are worrying on the wrong thing. You need to worry about the non-compete.




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  • diptam
    06-27 10:33 AM
    May end i had 11 day bench but they paid in full... They are good in some aspects that's why i stayed with them for 2.5 yrs....

    But signing a binding contract for an indeterminate period ( I yr after GC)
    is making me worried !!


    If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.



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  • danu2007
    07-09 07:27 PM
    I called her and left her a message..May be she might have got enough calls




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  • VivekAhuja
    09-15 02:15 PM
    You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.

    Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.



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  • sayantan76
    07-08 02:46 PM
    It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.

    Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.

    And, employers know this very well and try to use to their advantage.



    >> have 2 years of experience or so, think that they have certain skills and employers would not live without them
    You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.

    Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.

    Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.



    You are right. These are the rules set by current EB immigration system.

    With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.

    How many times we see any green card holder or citizen supporting fellow immigrants?

    H1 does not care for F1.
    EAD does not care for H1/F1.
    GC holder does not care for EAD/H1/F1
    Citizens wonder why immigration level is so high.

    Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.

    .
    The exchange between Chanduv and Desi3933 has been a refreshingly objective discussion and is a welcome change from the typical hyper-reactionary posts one sees more frequently in this forum.

    One of the features of the fight for EB immigration reforms we all need to be cognizant of is - that most (99%) of the members are in this fight to solve an immediate personal problem (visa situation) in a timely manner - most of us are not in it because we believe it to be a cause larger than us and a cause that demands personal sacrifice - and hence the lack of collective passion (lukewarm responses to IV sponsored drives, donation efforts etc.)

    While - many have tried to compare this cause to India's independence struggle or Gandhiji's movement in South Africa - but the fundamental difference is that in both these struggles - people who led the struggles led it at a personal cost (Gandhiji willingly gave away a lucrative career to take up the struggle and so did Nehru; Netaji Bose was a Civil Services Officer and gave it up) - even the vast majority of revolutionaries (Bhagat Singh et al) were college educated professionals who could easily have had nice careers in British India.........and therein lies the fundamental difference......not one of us would willingly give up what we have for this struggle - we are in it because we are stuck in a system and want some resolution.......as soon as our particular situation gets resolved...we move on....(maybe there are a few exceptions and hats off to these folks).........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it




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  • alias
    08-18 01:17 PM
    This issue cannot be solved through Lawsuit. What are the other alternatives?

    Ahh I see, I have an idea - lets all do dharna in front of CIS!



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  • ras
    11-22 03:24 AM
    I sent an email to attorny murthy and ILW.com to help Mehul in what ever possible way. Folks send out an email to your attorny as well to see if they could be of help in this difficult situation for Mehul.




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  • gc_on_demand
    07-08 10:07 AM
    desi - the reason we face all these issues is not because of anyone's fault.
    Reporting an employer is not as easy as it sounds.
    The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
    The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.

    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

    This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?



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  • xs2sharad
    11-17 10:49 PM
    Done




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  • pr02
    07-11 12:25 PM
    I liked the burning photocopies idea very much .This will surely work.

    Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.



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  • lrindy
    08-09 10:35 AM
    Our I-140 was approved by TSC RN 08/16/06 approved 08/24/06 under regular processing, but we sent 485 package to NSC due to where we live. Received 07/05/07. I was told to call after 30 days, which I did yesterday. I was told a new memo had gone out 08/08/07 internally to each service center stating that all customers should be adviced that let 90 days pass before calling service centers to get receipt numbers. The backlog for data entry was so great that it will take that long before it is all cleared. If you have not received a RN by 90 days then please call back and your case will be dealt with then. He also adviced that as the 90 days approaches, if no RN has been sent to us then make appointment at field office for EAD etc. I did mention that there was no such memo on their website and processing dates showed 07/11/07 for 485. No answer to this. So we wait and see what happens. I can only tell you what I have been told. He did comment on countries with high volumes of visas, "they will be waiting for 10 years plus for actual GC's under the system we have in place right now." Things change everyday, so keep the faith!




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  • 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 :)



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  • bluesky1
    10-10 06:05 PM
    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.



    Going by the most recent receipting update, very likely, our cases (especially July 3/R.William) got transferred from NSC(well beyond 07/03) to TSC(beyond 08/05 - the LUD date) to CSC(still working on 07/30). If you have a counter example, please post.

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1
    greener_pasture

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat


    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




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  • mita
    08-12 10:47 AM
    My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
    They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.



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  • newuser
    05-23 01:22 PM
    Finished calling 20 senators from Tier3.




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  • sandiboy
    09-07 11:22 AM
    Hi all,

    Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:

    EB2 India - Filed Sept 06
    140 Approved by TSC in Apr 07
    485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
    LUD on 140 - 08/05
    Recd EAD and AP - 09/06

    Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.

    Good luck to all those still waiting !

    Do your receipt nos start with SRC or LIN in this case?




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  • lotres
    11-21 03:29 PM
    Dear Mehul,

    You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
    AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
    Stay strong and positive!




    GCNaseeb
    08-30 09:37 PM
    Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.

    :D:D:D:D:D:D:D

    Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?




    mqualique
    05-01 01:47 PM
    Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.

    Dependends will come under

    FAMILY-SPONSORED PREFERENCES

    Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
    Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

    The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.

    Primary -> Gets visa number from EB 1,2 or 3
    Dependents -> Gets visa number from FB2

    Wife and children need not wait because FB2 is not that retrogressed.



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