kshitijnt
04-23 08:39 PM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
wallpaper The Golden Gate Bridge
FinalGC
08-20 03:45 PM
Guys:
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
anzerraja
07-20 12:56 AM
Thanks KanMe !!!
I am all for it...
Would contribute $100
I am all for it...
Would contribute $100
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technoboy
10-13 12:17 PM
Hi there !
Just let you know guys, My checks got Cashed today.
Just let you know guys, My checks got Cashed today.
more...
will_v_ever_get_GC
11-21 01:31 PM
Dear Mehul...
I wish and pray that God gives strength to you and your family in this difficult situation. And as fellow IV'ns have mentioned, Prayer and Faith in Life/Almighty can do wonders. By the attitude in your note, I do feel you have that ... and somehow I have a feeling things will be fine for you and your family.
As suggested by many people, if possible, please do get a 2nd opinion from a renowned doctor in India. And do start Yoga/Pranayam. Meditation and proper breathing exercise have helped folks with very serious conditions and these are surely worth trying.
And for your GC, I would second the suggestions of writing to senator and USCIS.
Your family should be your reason to continue to have faith and NOT give up...
Heartfelt wishes and prayers with you... Always !!!
I wish and pray that God gives strength to you and your family in this difficult situation. And as fellow IV'ns have mentioned, Prayer and Faith in Life/Almighty can do wonders. By the attitude in your note, I do feel you have that ... and somehow I have a feeling things will be fine for you and your family.
As suggested by many people, if possible, please do get a 2nd opinion from a renowned doctor in India. And do start Yoga/Pranayam. Meditation and proper breathing exercise have helped folks with very serious conditions and these are surely worth trying.
And for your GC, I would second the suggestions of writing to senator and USCIS.
Your family should be your reason to continue to have faith and NOT give up...
Heartfelt wishes and prayers with you... Always !!!
doshhar
07-07 12:33 PM
I have started similar mission on Murthy but didn't get much attention. I think this is the right place to discuss this.
I can gather 100+ people from Chicago for peaceful rally on July 14th at Chicago USCIS office.
Any one from Chicago reading this thread?
Let's DO IT
I can gather 100+ people from Chicago for peaceful rally on July 14th at Chicago USCIS office.
Any one from Chicago reading this thread?
Let's DO IT
more...
johnamit
08-20 12:12 PM
Mine is same case except I have no LUD changes so far and no activity either.
2010 Golden Gate Bridge Erie
mpkmaster
06-22 11:27 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!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
more...
maag
05-30 12:12 PM
Thanks Marty for all the advice.
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amitjoey
07-09 05:37 PM
This site have artifical flowers, thats probably the reason its cheap.
That is all the more better, spare real flowers from dying at USCIS doorsteps.:D
That is all the more better, spare real flowers from dying at USCIS doorsteps.:D
more...
dudes2006
11-17 03:59 PM
Done Thanks ! Also email couple of my friends.
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gbof
09-09 10:17 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
more...
house Great Shot: Golden Gate Bridge
h1techSlave
05-01 10:58 AM
I think this is an unexplored point. Thanks for bringing it up guys.
I think IV needs to hire a good immigration attorney. May be IV can start a new funding drive to see, if members are really interested this hiring an attorney. The same attorney also can help us by answering our questions.
I think IV needs to hire a good immigration attorney. May be IV can start a new funding drive to see, if members are really interested this hiring an attorney. The same attorney also can help us by answering our questions.
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EndlessWait
10-08 12:32 PM
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
should add to there agenda.
more...
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msp1976
05-02 08:50 AM
Did anything happen on this front...??
Did he introduce or not??..
All said and done..nothing might pass in the name of comprehensive reform this year...What are the other options for pushing ??
Did he introduce or not??..
All said and done..nothing might pass in the name of comprehensive reform this year...What are the other options for pushing ??
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mnkaushik
08-26 02:37 PM
I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.
more...
makeup The Golden Gate
amitjoey
11-17 04:14 PM
If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D
You wont be able to do that if you entered the US at an age more than 16yrs old
DREAM Act beneficiaries must:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED.
Be of "good moral character"[12]
That is why we need to participate in this action alert and have them consider our ammendments.
You wont be able to do that if you entered the US at an age more than 16yrs old
DREAM Act beneficiaries must:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED.
Be of "good moral character"[12]
That is why we need to participate in this action alert and have them consider our ammendments.
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manishs7
09-24 04:54 PM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
hairstyles The Golden Gate Bridge,
asdqwe2k
06-27 03:06 PM
I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
blacktongue
11-18 01:39 PM
I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
Even I participated in the campaign, but I don't think it will impact anything for us.
To who?
And why only $100?
Is Greencard $100 worth for you?
Even I participated in the campaign, but I don't think it will impact anything for us.
To who?
And why only $100?
Is Greencard $100 worth for you?
desi3933
07-09 11:01 AM
The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
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.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
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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