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  • desi3933
    06-22 03:10 PM
    Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.

    Thanks,
    Jayant

    So you were not referring to Employment Letter for GC job, rather Current Employment Letter while discussing how to file I-485.
    GREAT!!! I hope you are not filing your I-485 application yourself.

    What is the Current Employment Letter has to do with I-485?

    Good Luck.




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  • Sachin_Stock
    09-23 02:15 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

    Thats a ridiculous assumption!




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  • HV000
    09-26 01:09 PM
    If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.




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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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  • glus
    05-24 09:07 AM
    Please do so so they receive a variety of letters. I've done it. I e-mailed them and faxed them with my personal letter and with a letter based on Iv template. This is our time so please guys don't give up and fax your personal letter.

    Here are the fax numbers for you:
    Guys,
    E-mails are good, but if you can fax them too:

    Fax numbers to key senators in DC offices:

    Clinton: 202-228-2082
    Schumer: 202-228-3027
    Lott: 202-224-2262
    Reid: 202-224-7327
    Cornyn: 202-228-2856
    Hagel: 202-224-5213
    Martinez: 202-228-5171
    McConnell: 202-224-2499
    Obama: 202-228-4260
    Kennedy: 202-224-2417

    G




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  • jonty_11
    02-07 12:07 PM
    Hi Lasantha,

    Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.

    Thanks again !!
    it is on teh Canada immi website, on the GUIDE to fill forms...



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  • h1bmajdoor
    07-08 05:04 PM
    Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....



    they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).

    That is the way slavery started in USA. From a practice called indentured labour.




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  • setpit_gc
    06-15 05:37 PM
    My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast



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  • santb1975
    06-28 01:47 AM
    I will post any Jobs that I come across that only ask for US citizens or GC's


    While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.

    While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.

    Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.

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    This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.


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  • iptel
    05-24 07:22 PM
    Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.

    Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant

    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:

    The text of part of legistlation is as follows
    (b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:

    `(d) Worldwide Level of Employment-Based Immigrants-

    `(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

    `(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or

    `(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;

    `(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and

    `(C) the difference between--

    `(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and

    `(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005



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  • helpme1234
    09-18 07:44 AM
    My appl recvd at NSC on July 3 at 11:14 am by f heuifner anyone on the same boat




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  • cbpds
    02-01 01:37 PM
    If you were "scared to use the AC21", why not use it now, anyways ur ready to go back to India, what will u do with GC once u get it anyways?

    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!



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  • chmur
    07-27 12:08 AM
    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.



    That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.

    Please do not try to pass on your opinions as facts ...they are not.




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  • GCBy3000
    06-05 10:03 AM
    Is there premium for I485?

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.



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  • Googler
    07-09 12:36 AM
    My analysis is minimally, if at all, dependent on India, China, ROW, ...

    Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.

    In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.


    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

    22 CFR Part 42:51

    http://a257.g.akamaitech.net/7/257/2422/01apr20051500/edocket.access.gpo.gov/cfr_2005/aprqtr/22cfr42.51.htm

    In general read 22 CFR Part 42
    http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html




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  • arunsarun
    06-22 12:23 PM
    its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.

    Its our fate



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  • lj_rr
    09-13 03:40 PM
    New thread created.All TSC Filers please post here.

    http://immigrationvoice.org/forum/showthread.php?t=13344


    Sanjeev:
    I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.




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  • gc_chahiye
    10-08 12:42 PM
    What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince

    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!




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  • another_wei
    08-26 03:46 PM
    As it starts with Axxx, I think it should be Alien Number.

    Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.




    SGP
    11-18 09:17 AM
    These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.

    Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)




    lasvegas
    02-05 08:59 AM
    Thanks to all who responsed.

    I will be sending private msgs to those who have asked me to do so.



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