Tuesday, June 28, 2011

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  • Legal
    07-28 10:18 AM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?

    I know only of Java coffee:). I promise you Ron Hira wouldn't be interested in my application.

    It looks like EB2-EB3 having overlapping qualifications is a major source of frustration for you. I have similar issues with EB1-EB2 overlaping qualifications.




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  • mrsr
    07-07 10:31 PM
    if it takes 2 or 3 years to fight this case, what is the use




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  • kshitijnt
    04-22 08:06 PM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


    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.




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  • thomachan72
    05-08 03:44 PM
    1) If the dates have retrogessed to 01/2000, that means that there are atleast some cases of 2000 that have now been cleared for processing and will be dealt with first before the rest.
    2) It also means that there are sufficient numbers of these to have caused this problem. The numbers might be sufficient to use up all of this years allocation?
    3) once these severely backlogged cases are cleared may be we can see some forward movment?

    Either way this certainly adds a couple of years to the already 4+ years of average wait. Without much exact information from the USCIS we can do nothing other than start the next prediction:D

    For sure legal alternatives wont help. the country cap is to ensure equal opportunity for smaller countries which dont have enough infrastructure as large countries such as India/china. We cannot expect the country cap to be removed.



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  • gcdengindhi
    05-08 07:41 PM
    what the heck is happening to this stupid organization. did some one fart in the brains of the USCIS and DHS leadership. All I am saying is dont you idiots understand that the constant stress and pressure being faced by us with these dates going back and forth. keep them constant at a particular date, finish processing them and then move them one day at a time. then we will know when we will get the green cards. why move foraward give some one from 2006 green card and then push it to 2000 (who the f**k does not know that there is no one there in 2000).

    anyway good luck and good waiting time for the next one month. man i was so eagerly waiting to see this bulletin. f**k these a**holes




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  • bluesky1
    10-11 02:36 PM
    Here's more information. I only got the receipt numbers. The package arrived at NSC on 7/3 and recieved by R. Williams at 9:03am. My I-140 was approved at TSC last year. I live in NSC area. Receipt numbers started with LIN, so the cases were not transferred to TSC. I hope this means that they're processing the box for 9:03 on 7/3.

    Congrats bluesky1!!!
    Can you tell us more about your application like RN on receipt? TSC or NSC?



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  • sprint2004
    09-07 11:06 AM
    Hello All,

    Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.

    My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.

    Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?

    Thanks and good luck to all.




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  • dpp
    07-28 11:51 AM
    This argument applies to EB3 and EB1 also. Also, we already crossed that line of proving that no other qualified is available. Even EB3 does the same. So, you are asking to audit everybody?

    You agree it or not, from USCIS/Congress point of view,

    Order of preference is, EB1 -> EB2 -> EB3.

    If you are eligible for EB1/EB2, go for it. Nobody is stopping you.




    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?



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  • 140jibjab
    06-23 10:29 AM
    Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.

    Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.

    Like he will care about us. If he does care, he can not do anything unless he gets OK from Madam Sonia:-)




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  • v2neha
    08-13 05:02 PM
    My lawyer received receipt notices for all applications filed at NSC today. Here are details:

    Package mailed: 06/29/07
    Received at NSC: 07/02/07
    Notice Date: 08/08/07
    Notices received on: 08/13/07

    This was a I-140/I-485 concurrent filing for EB3/India with PD Aug 03.
    9 applications were filed:

    I-140 (1 for self)
    I-485 (3 self/spouse/child)
    I-131 (3 self/spouse/child)
    I-765 (2 self/spouse)

    None of the money orders / checks have been cashed yet.



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  • GCStatus
    09-17 02:43 PM
    GCStatus, I think Prashanthg's point is a valid one but that in no way means that we should not sue USCIS for what all they have been doing all these years. This in fact will help us prepare our case even more stronger against USCIS. It is best we ourselves find all the gaps we might have while we proceed with this case instead of them coming onto the issue.

    I would suggest everyone who ofcourse is in favor or in doubt to bring forward the issues they think we need to cover while we move on with this.

    Pamposh.

    Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.

    We are making great progress. Lets keep it going. Its ideal, we dont waste our energy on these.




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  • GCStatus
    09-15 04:18 PM
    You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.

    Well said MadhuVJ



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  • cbpds
    02-09 12:17 PM
    Guys,

    why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..

    There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.

    Admin, can we please DELETE this thread and be done with this.

    Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.




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  • the_jaguar
    12-12 09:04 PM
    If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.

    Actually, it was an exceptional situation. As you are well aware of, we had to get an unanimous consent if the skil bill were to pass in the LD, so, we needed to have Session's approval. To deflect the situation, he just said that his office hadnt received any positive comments.. When we ended up jamming his phones and gave all the positive comments, what came out of that, nuthing.. he did not budge from his stance.. It was just a ploy and even if the entire US of A had called him, he would not have changed his stance.. He had to score brownie points from his supporters. He knows that the Skil bill will be passed next year, and may be some form of CIR even.. He can then blame it on the democrats and stand for re-election in 2009 with complete support from his supporters..
    Its all a gimmick for votes. This is politics, same thing in every country, just more sophisticated here...



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  • sanjeev
    06-18 10:45 AM
    Mailed to NSC on: 1st June
    Mailed From State: VA
    Received at NSC on: June 4th
    140 approved from : NSC
    Receipt Date : Still Waiting

    Cheque Not cashed as yet

    Priority Date Sept 2002




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  • drona
    07-10 12:05 AM
    The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!

    http://blogs.ilw.com/gregsiskind/



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  • pbojja
    05-07 05:54 PM
    Opening SR is like making a wish to god , which may come true

    I opened SR when my wife lost her EAD in post , they gave me a 45 day time frame , nothing happened .. Called again and they open other SR , and asked again to wait for other 45 days ... I guess this cycle continues

    I asked about my first SR while opening a second SR , reply they had no idea as they requested it with CIS , funny answer I also asked why there is a number if they have no idea ... By the way you will get letter from CIS stating that they received the request and they are processing it and you will hear from us with in 45 days .. If not call us ...ah ah

    At last I was able to get EAD with in 5 days with the help of CISOmbudsman .




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  • nosightofgc
    11-17 03:12 PM
    Done. Also forwarded the message to colleagues.




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  • logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.




    alisa
    09-14 10:43 AM
    What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?

    I am not sure what SOL stands for.
    But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
    But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.




    tikka
    05-27 07:24 PM
    Done.

    thank you.
    please do also send the web fax. Now we can send it to all the states.!!



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