akkakarla
10-08 04:51 PM
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
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vinabath
04-23 04:32 PM
my opinions in bold
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
diptam
06-27 11:53 AM
Point1) makes me perplexed - Can there be agreements with open ended
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
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
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
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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manja
02-01 07:27 PM
The link to the contribution page in pappu's post is not working. I want to contribute for the event. Is there any special page through which donations for this event are collected? Or can I just make one time contribution from the home page?
more...
knnmbd
05-04 03:58 PM
Deleted by admin
Hey I did 1 year of a PhD paying OUT OF STATE TUTION before I got a waiver with a research group in school. Majority of international students do not get assistantships to go to school. SO THEY PAY TUITION and TAXES after they start to work just like you Mr. GCsucks. You’re taxes go to the war effort and not to fund university research unlike tuition paid by international students. SO THE BACKING FOR THIS IS COMING FROM U.S EDCUTIONAL INSTITUTIONS AS THEY WANT TO ATTRACT MORE INTERNATIONAL STUDENTS. So please be aware of real facts.
Hey I did 1 year of a PhD paying OUT OF STATE TUTION before I got a waiver with a research group in school. Majority of international students do not get assistantships to go to school. SO THEY PAY TUITION and TAXES after they start to work just like you Mr. GCsucks. You’re taxes go to the war effort and not to fund university research unlike tuition paid by international students. SO THE BACKING FOR THIS IS COMING FROM U.S EDCUTIONAL INSTITUTIONS AS THEY WANT TO ATTRACT MORE INTERNATIONAL STUDENTS. So please be aware of real facts.
needhelp!
02-26 01:56 PM
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
more...
pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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paskal
07-10 05:36 PM
If you ordered your flowers through FTD, can you check your status and let me know which delivery company (UPS, Fedex etc) they are using for your order and what is the status of your order?
p
p
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morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
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r2i2009
09-13 08:55 PM
Guys,
Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U
Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U
more...
GumI485
07-03 01:44 PM
I would sent some cactus if there were options to do that.:D
GUd one!!!LOL!!!
GUd one!!!LOL!!!
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kdprasad
08-13 07:59 PM
Signature has all relevant information. I-140 was approved August 2005.
Did the Checks get cashed.!!!
Did the Checks get cashed.!!!
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jeffrey930
10-02 01:24 AM
found out today my EAD status finally changed to card production i'm so happy...i hope everyone get theres EAD soon, i know the wait is a pain in the @##... How many days you guys think before i get my card on hand? thanks for any reply..
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
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trueguy
04-30 06:01 PM
Not sure about the GreenCard Application because the link is not working. However, USCIS has shown significant improvement in handling H1B application for this year. They conducted lottory for 163K application in just one week and also honoring the premium processing timeframe.
Thanks.
Thanks.
more...
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Karthikthiru
09-14 12:08 AM
I am in for it
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delhirocks
06-22 11:55 PM
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
more...
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gc_bulgaria
09-20 01:20 PM
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
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simple1
05-04 11:24 PM
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
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amitjoey
07-09 05:14 PM
http://www.youtube.com/watch?v=ovhoH0ZW0No
Please rate it with 5 stars.
Please rate it with 5 stars.
bomber
07-03 03:29 PM
07/03/2007: Congresswoman Lofgren's Statement on July Visa Bulletin Revision and USCIS 485 Rejection
* Rep. Lofgren released the statement expressing concern on the incident. The statement indicates that she sent Secretaries Rice and Chertoff letters asking them to reconsider any mid-month updates of the July Visa Bulletin. As people know, she is the powerful Chairwoman of the House Judiciary Committee Immigration Subcommittee. Her statement is very important in two areas. One is the political attention we desperately need. The other is potential impact on the House action on employment-based immigration legislation as impacted by the incidents. Very important development politically.
* Rep. Lofgren released the statement expressing concern on the incident. The statement indicates that she sent Secretaries Rice and Chertoff letters asking them to reconsider any mid-month updates of the July Visa Bulletin. As people know, she is the powerful Chairwoman of the House Judiciary Committee Immigration Subcommittee. Her statement is very important in two areas. One is the political attention we desperately need. The other is potential impact on the House action on employment-based immigration legislation as impacted by the incidents. Very important development politically.
TeddyKoochu
09-24 08:34 AM
my dear friend come back in reality..... to put it least harshly... �khayali pulav banana band karo� (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
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