dixie
12-14 06:25 PM
F4 visa in CIR is the only clause that has self-petition for legal immigrants - again not sure if it is effective retrospectively. Speaking of travesties, what we are going through is already a big one. Frankly, we will be lucky to get any relief at all, let alone hard-to-pass clauses like self-petitioning. From what we saw during CIR, even die-hard pro-immigrant senators like Ted Kennedy aren't too keen on self-petitioning for legals.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
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noone2day78
09-22 05:30 PM
Received FP notice today. The online tracker says following:
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
test101
07-09 05:17 PM
awsome ...did you get the list of emails i sent you via email :)
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simple1
05-01 12:15 PM
gc_on_demand,
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.
Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.
Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.
more...
Redeye
08-18 04:03 PM
What he keeps forgetting is IV is I and We....not EB3 and EB2. It is high time he stops playing EB3 Vs EB2 card...
This is immigration voice not EB2 voice....
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
This is immigration voice not EB2 voice....
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
PD_Dec2002
06-22 03:51 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
I am clarifying myself again. I did not mean to suggest that pay stubs can be used in lieu of FUTURE employment letter.
In any case, why not change your employer after 6 months of filing for your I-485. From the way they are treating you, you should be the first one to invoke AC21.
I don't think you will get a RFE within 6 months, but of course you never know. But if we assume normal processing times, I am sure your new employer would give you a letter. However, do consult with an attorney before changing jobs to make sure the job is "same" or "similar".
Thanks.
Jayant
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
I am clarifying myself again. I did not mean to suggest that pay stubs can be used in lieu of FUTURE employment letter.
In any case, why not change your employer after 6 months of filing for your I-485. From the way they are treating you, you should be the first one to invoke AC21.
I don't think you will get a RFE within 6 months, but of course you never know. But if we assume normal processing times, I am sure your new employer would give you a letter. However, do consult with an attorney before changing jobs to make sure the job is "same" or "similar".
Thanks.
Jayant
more...
rally
07-03 08:07 AM
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0
cost 24.99 to be delivered Friday 7th. Search for F488
Merchandise Subtotal: $ 24 .99
Service Charge Subtotal: $ 13 .99
Discount Subtotal: $ (5 .00)
Your Order Total: $ 33 .98 All prices are in US dollars
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
I will support you guys in this. Imagine Emilio's face when he recieves 50 (could be more)bouquets in a day
cost 24.99 to be delivered Friday 7th. Search for F488
Merchandise Subtotal: $ 24 .99
Service Charge Subtotal: $ 13 .99
Discount Subtotal: $ (5 .00)
Your Order Total: $ 33 .98 All prices are in US dollars
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
I will support you guys in this. Imagine Emilio's face when he recieves 50 (could be more)bouquets in a day
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Harutium
06-22 08:49 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
more...
simple1
05-01 03:21 PM
I second that. Technically they should not be. thanks MCQ, H1 and H4 is a great example
If at all they are counted they must be counted in FB2A not EB.
Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.
as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
If at all they are counted they must be counted in FB2A not EB.
Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.
as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
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reddymjm
06-08 06:47 PM
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
more...
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.
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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gjoe
10-04 07:14 AM
I am 5July filer, I got my RN on 10Sep but no FP notice till date
more...
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ramvinay
08-20 12:01 PM
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Wait4ever,
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Wait4ever,
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
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ArunAntonio
07-09 06:08 PM
Excellent job!
But should we remove the contact number of Vikas Chowdhry from the article -- ??
Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!
But should we remove the contact number of Vikas Chowdhry from the article -- ??
Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!
more...
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gc_peshwa
11-19 01:09 PM
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
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andy garcia
10-05 11:58 AM
This is true. A majority of the Dems are sensible people. BTW, although they are against outsourcing, they are not against immigration. The two issues are quite different.
Can you definesensible people.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
Can you definesensible people.
I think that what they want is the Hispanic vote taken away from the Republicans. They are a bunch of crooks. Sen Kennedy said: Anybody jumping the fence now should get a greencard.
What abot the legal ones tha t habe been here 5+ years waiting for a GC.
more...
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anilsal
12-10 03:57 PM
Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?
Welcome to IV. Great that you have volunteered. I think it may be worthwhile to start tagging along with the core members (am not one) when they visit DC. :)
Welcome to IV. Great that you have volunteered. I think it may be worthwhile to start tagging along with the core members (am not one) when they visit DC. :)
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indigo10
11-17 06:19 PM
Done, Thanks.
Sent to my friends too.
Sent to my friends too.
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snathan
02-14 01:32 PM
Terrorists are banned from visiting USA.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Daood Sayed Gilani aka David Headley and Faisal Shahzad were given USC...now you decide yourself.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Daood Sayed Gilani aka David Headley and Faisal Shahzad were given USC...now you decide yourself.
Greatdesi
08-23 12:04 PM
Hi Asethura,
Did the status ever change to 'card production ordered'?
Hi All, we got our physical cards yesterday my USPS.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
Did the status ever change to 'card production ordered'?
Hi All, we got our physical cards yesterday my USPS.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
Rohan99
10-10 09:33 PM
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
Congrats bluesky1!!!
Can you tell us more about your application like RN on receipt? TSC or NSC?
Hope every one of us will receive our receipts, EAD and AP asap.
Congrats bluesky1!!!
Can you tell us more about your application like RN on receipt? TSC or NSC?
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