Thursday, June 30, 2011

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  • Macaca
    07-08 09:14 PM
    140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)

    The following argues that it is hard for this cap to reach exactly on the end of every month.

    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.




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  • InTheMoment
    06-15 06:16 PM
    Adding to that suggestion it would bode well to rename this thread as "June 2007 filer's updates"

    Admin - please review.




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  • Ram_C
    11-06 02:09 PM
    Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.

    Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...

    not sure how far its true but came across some posts on http://www.immigration.com
    stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.

    I'm also in the same boat, haven't opened SR yet.

    good luck :)




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  • franklin
    06-07 10:44 AM
    AFAIK all 485 filings have to be sent to NSC. Also, does one need to attach the original I-140 approval with I-485 or a copy of it will suffice?

    Yes - all I485 apps got to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
    Employment-Based Applications

    If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
    submit your I-485 to:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
    your I-485, or an I-485 filing basedon a pending or an approved Form I-140.



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  • GCStatus
    09-16 04:35 PM
    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. :)

    Mr.Lord - Before making any comments read and understand the content first. I dont want to explain anything further




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  • GCStatus
    09-15 08:38 PM
    Third post to get your attention?. Is it possible to make this thread hard wired?. Is it possible to send a PM to all members with the first post?. Thank you.



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  • gcbikari
    04-24 11:44 AM
    Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
    Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.

    Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.

    BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.




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  • bkam
    06-26 01:51 PM
    I am not going to stoop to your level, Bkam, but the next time you post a comment about sombreros etc you are looking at a ban. It is up to you what you choose to do.
    Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.



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  • amitjoey
    07-05 03:04 PM
    We will each individually send flowers to Emilio Gonzalez to be delivered July 10th. There is a suggestion to use a paypal account where we contribute money. However no one has come forward to take over the account so far.


    The theme of the note attached to the flowers should be Sympathy or Get well.

    Preferred Message(Sympathy): All the best for future Employment Based visa estimates

    I do like the "Get Well: Hope USCIS recovers from its insanity" message as well

    July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
    July 08th - Draft the letter to be mailed to media.
    July 09th - Finalize the letter and mass mail it to every media email addresses we have.
    July 10th - hope the media take the bait!



    Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.




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  • pshah
    07-19 10:31 PM
    Count me in for $100.



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  • sreeanne
    11-21 10:11 AM
    I was stunned by seeing this thread. my heartfull blessings for you and your family to handle this situation.

    I am not sure how things works. But couple of months back i read somethings in the below line.

    There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.

    Once again, god bless you and your family




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  • snathan
    02-09 03:20 PM
    Please donate...



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  • royus77
    07-06 07:55 PM
    TSC reached 07/02 @ 10.23pm signed by L. Amrstrong

    is it am or pm




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  • akhilmahajan
    02-09 05:25 PM
    Thanks a lot srinivas.

    Grand Total - $649

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Paid $50 through Bank Of America bill pay.

    Confirmation number: 8MT87-N97Y8



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  • sirinme
    09-30 10:30 AM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!




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  • conundrum
    02-02 02:01 PM
    While I was in school I did hear about desi body shoppers, but never thought of using one. But it so happened, that I was offered a job with a company that makes defense stuff and they wanted to use my service since I had a specific set of skills. They couldn’t have anyone, other than a US citizen or PR, working on other premises as it was considered to be a secure zone. So these guys hired an office for me in the building next door to theirs and even lined up a desi consultant that the HR guys knew so that I could work for them as a consultant. I was working on my OPT initially and then got my H1 through the desi body shopper. As most desi body shoppers go, he started eating into what was paid for the hr that I put in. The company that wanted to hire me was even paying this desi guy to get my GC, but he made sure that he was doing it as slow as possible. Finally both the company and I got sick of the whole thing and I finally found a job where they were more than happy to sponsor my H1 and GC. The defense company that I worked for before at least until a couple of months back was checking up with me to find out if I had got the GC, I am sure now the situation would be different.

    The point I was trying to make was, no one wants to use a body shopper if possible, but at times you are forced into a situation where that is the only option available. I am not asking anyone to empathize with people who are working for a body shopper who is fleecing them, but at the very least don’t condemn them.


    You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.



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  • nsrinivas
    09-11 04:10 PM
    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.




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  • msp1976
    10-17 10:10 AM
    Anti Immigrants will keep doing what they are doing and they have been doing it for long.
    They have to give strong argument in favour of their claims.
    Somebody can't just say we don't like the color of their skins so we do not want them here.

    Let them present their views to the lawmakers and lets do our part.

    I do not really like the idea of posting NumbersUSA posts here.
    I do not mean to offend you.

    Well ...knowing the opposition is always a good thing...I am sure when he/she is posting numberusa stuff does not mean us harm...




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  • ajay
    11-17 03:15 PM
    Sent it.




    vkallank
    07-20 08:53 AM
    anzerraja , i am unable to access the excel sheet at work. if possible please update / i shall do it tonight.




    kshitijnt
    04-22 08:06 PM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


    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.



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