Friday, July 1, 2011

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  • alien4ever
    07-07 05:47 PM
    Did this rally on 7th July in San Jose happen? Any updates from folks who were there?




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  • NKR
    04-23 06:20 PM
    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?


    If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.

    Your suggestion of talking to an attorney is well taken but not the advices. Thanks, good luck in your business




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  • breddy2000
    05-23 08:40 AM
    Will call them today at any cost




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  • fundo14
    04-08 01:01 PM
    I did my landing this weekend.
    Every thing went smooth both on US and Canadian side.

    I was not asked any questions.
    Just wanted to let everyone know.

    Hi,

    Did you used AP while coming back?

    From Which port you enetered back in US?

    Thanks.



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  • EkAurAaya
    10-30 03:46 PM
    Sorry if this has already been posted
    _____________________________

    (c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

    � A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and

    � The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.


    Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9




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  • Vish
    08-28 06:42 PM
    My application reached NSC on 1st Aug.

    Checks have not been cashed.
    No Reciepts
    EB2 from India
    PD Oct 2003



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  • zoooom
    07-20 11:41 AM
    Friend,

    I have contributed through the link on home page.

    Thanks,
    Shana04
    PLease do not contribute towards this fund as yet..we havent decided a mode of payment yet. We are just counting currently. We will let you guys know about the mode of payment on Monday.




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  • hebbar77
    05-08 03:11 PM
    When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.

    If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.

    So who is the leader who is responsible of DOING stuff with that money when I contribute



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  • reedandbamboo
    09-13 09:30 PM
    And to be honest, I don't know what happens if they simply choose to ignore us !! But I'm done with doing NOTHING. I need to let them know what I think.

    On another note, it appears that the US has chosen to PRETEND to deal with immigration (legal and illegal) by endlessly proposing and killing legislation in Congress. This way they're throwing a bone to us (immigrants) while safeguarding their re-election (since they're not approving any kind of pro-immigration legislation, they aren't incurring the wrath of the almighty electorate).




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  • gjoe
    10-08 06:46 PM
    Though I don't agree with you on all that you said about the goverment and what I know about it, your approach was right in replying. I wish all the senior members had these qualities.
    Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.

    I would also thank whomever who brought my star color back to green :) after sometime in the red zone.

    Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

    I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

    All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

    You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

    I will give you an example, and since you work for Government, I believe you will understand this easily.

    I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

    Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

    Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

    And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

    And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.



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  • veerug
    09-13 01:12 AM
    Application was received on July 12th. No cheques cashed and no receipts!




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  • new2gc
    02-08 10:55 AM
    Contributed $50

    Your transaction ID for this payment is: 47X32702CS107060Y.

    Thanks,
    new2gc



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  • desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    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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  • lutherpraveen
    10-13 09:42 AM
    I did not call them to get the RNs but I got the I-485 checks cashed for my wife and me.
    The checks for I-485 for my daughter and the checks for AP and EAD were not cashed though.
    But again, looks like, July 3rd 9:03 received by R. Williams, is no more a MIA case.
    By the way the receipt date is marked as Oct 10th. Service center is NSC.

    I am july 3rd filer and Just got the receipt numbers..Looks like our box is not lost and interestingly my numbers start with LIN even though my 140 processed from SRC.



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  • krishnam70
    07-07 10:51 PM
    Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)

    We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.

    Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
    People who said that they will send the flowers only if IV core supports it - please send flowers asap.

    BTW, I am curious as to who first proposed this idea.



    Good going.

    Prashant was the first person to propose the idea. good idea dude
    dtekkedil was amongst the first to support the idea and address of Emilio came from him
    I was probably the first to send the flowers

    Anyway this is not about trying to get the credit.. we all can make a sumbolic gesture and thats what this is about. I am happy the media coverage its getting and hope it gets more coverage and people notice it




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  • FinalGC
    09-01 10:58 AM
    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

    Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists



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  • waitingonlc
    06-07 01:55 AM
    Filed on June,01,2007

    My Attorney had sent my files on 05/31/07 and they were delivered at NSC on june,01,2007 and waiting for the receipt numbers.




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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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  • akhilmahajan
    02-09 11:28 PM
    Thanks a lot us_employee.

    Grand Total - $819

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

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.
    Made $20.00 contribution just now through Paypal.
    Unique Transaction ID #7HY45972ES075991A




    Hopeful1
    11-17 05:18 PM
    It was easy to do!




    malibuguy007
    02-12 05:02 PM
    C'mon people, $20 is not that big an amount - keep it flowing.



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