geesee
08-18 02:41 PM
Is it fair to have an EB2 person write - what "a" unfair system :eek:
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desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
diptam
06-27 12:08 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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GC_Fever
09-14 06:17 PM
Just for everyone's info, I received all my receipt notices(485,EAD,AP) today including for my wife and son. Applications were received at NSC on July 3rd and finally transferred to TSC because my I-140 was approved from there in Nov 2006. I saw a LUD on approved I-140 on 8/5/07. My checks were not cashed until 8/31 when my attorney last checked. My guess is that these were cashed around 1st week of sept.
One important thing I want to mention that my attorney hadn't filled in my A# from I-140 into I-485. He entered it as "None" and I was worried of any negative effect, but USCIS correctly figured it out and mentioned this no. on all my receipt notices.
However, they mixed up the nos. for my son and wife's receipts. My wife's 485 receipt has my son's A#. My attorney went ahead and contacted USCIS right away.
I hope everyone get receipts soon.
One important thing I want to mention that my attorney hadn't filled in my A# from I-140 into I-485. He entered it as "None" and I was worried of any negative effect, but USCIS correctly figured it out and mentioned this no. on all my receipt notices.
However, they mixed up the nos. for my son and wife's receipts. My wife's 485 receipt has my son's A#. My attorney went ahead and contacted USCIS right away.
I hope everyone get receipts soon.
more...
ramus
07-08 05:57 PM
I was working on DC but so far just received 30 votes..
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
Hi,
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
Hi,
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
akhilmahajan
04-14 09:54 AM
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
more...
asethura
08-23 12:53 PM
Hi Greatdesi,
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
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gch
05-28 12:44 PM
Auto reply from
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Arlen Specter:-
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I receive a large volume of E-mails, phone calls, faxes and letters every week from concerned citizens like yourself.Unfortunately, due to the high volume of mail, I can only respond if you're a resident of Pennsylvania. If you need to find out who your U.S. Senator is please go to www.senate.gov.
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Arlen Specter:-
---------------
I receive a large volume of E-mails, phone calls, faxes and letters every week from concerned citizens like yourself.Unfortunately, due to the high volume of mail, I can only respond if you're a resident of Pennsylvania. If you need to find out who your U.S. Senator is please go to www.senate.gov.
........
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Lindsey Graham:-
---------------
Thank you for taking the time to contact me. I appreciate the opportunity to hear from you. Due to the large volume of mail I receive, I regret that I am only able to respond personally to inquiries from South Carolinians.
..........
........
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Dianne Feinstein:-
--------------
Thank you for sending me your electronic mail message. I appreciate your taking the time to share your thoughts with me. Because of the volume of e-mail that is received by my office, we can only respond to email that includes a California postal address. Please resend the text of your e-mail message, including your postal address, and I will respond to you as soon as possible.
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tcsonly
07-09 06:08 PM
Sent email to KPCC, Pasadena, CA.
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kosu
06-13 07:55 PM
I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485
Actually I paid for all the fees from my personal checks. Later on my company reimbursed those. I dont think there is a premium processing for 485.
Actually I paid for all the fees from my personal checks. Later on my company reimbursed those. I dont think there is a premium processing for 485.
more...
wizpal
11-21 10:38 AM
Mehul,
May God give you and your family the strength and power to come out good through this trying times...Best of luck.
Do drop us a note if you need any help...
May God give you and your family the strength and power to come out good through this trying times...Best of luck.
Do drop us a note if you need any help...
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vkxml
07-09 05:31 PM
http://www.eweek.com/article2/0,1895,2155487,00.asp
Nice article in eweek about july fiasco
Nice article in eweek about july fiasco
more...
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indyanguy
03-25 10:36 PM
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
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Prashant
07-07 11:24 PM
ONLY TEAM EFFORT CAN BRING US JUSTICE..
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
Majority of us would just like to make a point but do nothing about it.
If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
Krishnam70 thanx for letting the ball roll...
IV core, I can't thank you much for all the selfless effort u guys put in.
Thank you
more...
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diptam
07-02 02:01 AM
CURRENT employment letter they will give in 10 mins....
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
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weasley
03-08 05:34 PM
I am a lurker in this site. This is my first post. I have seen many posts by United Nations. He has helped and still trying to help many users at IV. His posts has insight and valuable information. Doubting his intentions just because he is in this society for 35 years is not appropriate.
more...
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mita
08-18 01:21 PM
BOTTOM LINE:
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
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bebar
06-17 09:32 PM
I am waiting ..
Mailed to NSC on: May 31st.
Received at NSC on: June 1st
140 approved from : CSC
Receipt Date : Not yet received.
Is there any one who filed on June 1st not yet received the receipt?
Mailed to NSC on: May 31st.
Received at NSC on: June 1st
140 approved from : CSC
Receipt Date : Not yet received.
Is there any one who filed on June 1st not yet received the receipt?
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lsbk
10-02 10:55 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.
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.
ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
vdlrao
09-10 02:29 AM
We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.
All EB3 people please share your thoughts to resolve this issue.
Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
All EB3 people please share your thoughts to resolve this issue.
Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.
Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.
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