Saturday, July 2, 2011

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  • clockwork
    07-02 09:53 AM
    Only 50 people mailed their package for July 2nd delivery. You got to be kidding. Please post details of your friends as well if they shipped on July 2nd. I remember seeing a post on another thread with speculation of 100K packages. Thanks -:confused: :confused: :confused: :confused: :confused:




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  • a2006
    05-02 01:20 PM
    non retrogressed countries: The delay will be none (normally) / fewmonths (worst case ) as both their eb and fb volumes are minimal.

    Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.

    Plus it is fair to interpret the law as it is.
    I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html




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  • madhu345
    05-06 07:05 AM
    The only one thing the nonimmigrants should aware of Mortgage is they can't expect 100% finance, as per my lender we need to make at a minimum 10% down.

    -Madhu
    Very well said GCBy3000.
    I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?




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  • SunnySurya
    08-18 01:57 PM
    My reaction would have been the same if you were in Eb1 category. The fact is that I am trying to mobilize some people to get few things done. Of course, motivated by my self interest.
    I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?

    If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.

    In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.



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  • Naveen
    05-04 07:59 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Hello Madam,

    22 CFR 42.32 a(2),b(2),C(2) page 224

    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.


    Hope this helps you sleep better at night.

    Thanks

    P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?




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  • reddymjm
    05-02 03:44 PM
    openarms,
    maybe there are not enough EB3- I cases in the queue ;) ..well one of my friends did get his GC during last fiasco ..eb3 - I, pd 2003. ofcourse there is no unity ..it is every man for himself (And hence save as much as you can while you enjoy life)..and hence don't worry too much ..GC will come when it has to (my friend told me that once ..and I found those words comforting) ...see few of the threads nearby ..people are content talking about dots (I guess since they know nothing will ever happen due to our actions :-) ..and I sort of agree).


    I also guess there are not much cases of EB3 left, atleast till PD dec 2002. Jun filers who ever did not get their GC last summer or fall will be waiting.



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  • SeanDell
    05-30 07:43 PM
    Has anyone used AVR recently coming back from Canada?




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  • seahawks
    09-24 06:40 PM
    I am intrigued by the spirited discussions we have between different categories. Most of the discussions revolves around what is best for "me" which is justified to some extent. Why don't we take a step back and ask this question, what is it that all of our trying to achieve. If the intent is to make sure I get my green card before the other person can, we shouldn't be even thinking about working together and call ourselves a community. We are just wasting our time having discussions and trying to compete among each other. No one initiative will gather steam if that becomes our intent and goal.

    In my mind, we have to think of every one of us as one. Yes, there should be classifications, yes there should be qualifications, years of experience, all that in place. However I believe everyone in this community is "qualified" enough to get a green card in a "reasonable" amount of time.

    Can we all work together and make that happen? Can we as a group start believing this and supporting IV?

    I BELIEVE WE CAN!



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  • pappu
    11-18 06:20 PM
    Dear Mr. XXXX
    Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).

    The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.

    As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.

    Thank you again for sharing your views with me.

    Sincerely,

    Sherrod Brown
    United States Senator

    P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..

    No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.

    Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.

    Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.




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  • apb
    08-13 05:21 PM
    It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......

    Raybarrone - The way one think is our choice. If there is any big master plan to delay our RN so be it. Either we can take it as it is or we can act. These kinds of pessimistic thinking helps no body.

    Please help yourself by reading some PMA books.
    Here is a starter

    AS a man thinketh

    Have some good self talk. We have to Learn to respect ourself by NOT taking any crap handed out to us. Learn to FIGHT and uplift yourself and others. A man without any reason to FIGHT has lost all battles in life. He has no hope and he cannot create any change.

    And if what I say does not make any sense, please feel free to 'BRACE FOR REJECTION NOTICES...' if that helps.



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  • vandanaverdia
    11-21 03:20 PM
    hey Mehul,

    My heart goes out to your & your family. You will be in out thoughts & prayers & we hope your family gets the strength to go through these times together & strong...




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  • krishnam70
    07-05 01:49 PM
    brickbats and concerns apart few people believe in the concept and are ready to put the money where their belief lies. So if you can do something about it do it. Other suggestions are ok may be they can be made in the other thread where there is a discussion about media attention.

    Gandhi - giri works everywhere and it has worked in this country too, have you heard about civil disobedience in this country too.. if you did not then you might want to use our fav : google and look it up. - Rosa parks , does that ring a bell? sometimes simple things take you farther than highly publicized event.

    may be just look at this link if you are too lazy
    http://www.americaslibrary.gov/cgi-bin/jb_date.cgi?day=01&month=12



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  • paskal
    07-08 10:41 PM
    the still unanswered question is why USPS bothered to make a 10pm delivery to an office!! :-)




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  • gc4me
    04-23 02:50 PM
    This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.

    There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.

    I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.

    If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.

    Also can you get in writing from you current employer that they will support you in case of law suite?



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  • kshitijnt
    07-09 02:45 PM
    consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.

    Oh yeah. All big time consulting companies must lay off foreign workers then, myself included. My perm was filed as IT programmer, IT consultants job code. So am I not a full time employee of consulting company? Is USCIS fool to approve my I140? Not once but twice!




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  • rameshvaid
    11-18 08:04 AM
    Done!!!!



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  • sanhari
    07-21 08:47 AM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....




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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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  • dtekkedil
    07-09 09:30 AM
    I have read in a few places that we plan to send flowers on 11, and 12th also?

    If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.




    ramus
    07-07 09:33 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.


    IF something is planned, we can come to DC from Raleigh,NC.




    cgeek4u
    09-05 02:44 PM
    Here are my case details.

    PD-01/06

    I-140 -EB2 - TSC- Approved 07/06.

    I-485/EAD/AP filed at NSC for myself and wife on 07/19/07

    No receipt yet.



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