Saturday, July 2, 2011

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  • mundada
    05-01 02:25 PM
    I support finding the fact...

    Following two concerns were raised but the answers should satisfy....

    1) Spouse may not get EAD/AP?
    The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
    Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
    The document only says that the visa must be used from family quota and not from employment quota.
    How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?

    2) Spouse may get GC long after?
    Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.

    In any case let the correct rules be followed.




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  • desi3933
    08-18 01:53 PM
    Here is an old post from SunnySurya

    The moment I get sufficient number of people I am going all out.
    But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.

    Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.

    This goes on to show there is no community. If there is not community then I have to look after my interest.


    GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)

    What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)

    Good Luck, my friend.




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  • newuser
    07-20 12:18 PM
    I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.




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  • acecupid
    09-27 09:11 AM
    We got the year..how about the month and day on which to port to eb2?;)

    Maybe consider hours, minutes and seconds too... ? :confused: lol



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  • desi3933
    02-12 02:31 PM
    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.


    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    You are entitled for back wages until terminated. Such termination should be well documented and properly served.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...

    I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).

    In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • Raju
    07-19 08:59 PM
    $200 just tell me how and when



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  • go2roomshare
    04-20 01:52 PM
    No reply so far ! No one here??




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  • SunnySurya
    08-18 07:47 PM
    So, how are u going to help us????
    I will help you in this but do us all a favor and don't reply to any more messages....



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  • cr52401
    06-09 07:11 PM
    My recipect number start from SRC. whrere is that center? I thought texas starts with TSC.




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  • snhn
    11-21 12:02 PM
    Hey man. What a brave man you are. Rather then worrying about your self, you are actually concerned about your wife getting her green card. I commend you. I dont what I would have done, If I had been told this news.

    your whole family will be in our prayers. I am sure you are seeking all the help you need, but right now your #1 priority should be beating this. Green card will come and go, but your health is number 1.

    Where are you. I believe if you get in touch with the senator or congressmen from you state, I am sure they will help you in this matter.

    Peace and take care.



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  • ganguteli
    03-06 05:18 PM
    For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
    http://groups.yahoo.com/

    While it is temptig to start an agenda item and group, I do not think time is right. You may end up too muchg attention in the bad economy and anti-immigrant atmostphere. It is better not to go on offensive and instead work on saving your job.




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  • coolcat
    06-18 11:15 AM
    How long you guys think it will take to get EAD and AP for June1st fillers..

    https://egov.uscis.gov/cris/jsps/ptimes.jsp has processing times for each of the service centers.
    Late last week, they've posted the dates as of June 15th. Unfortunately the dates have gone back like crazy (especially NSC).



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  • jonty_11
    05-23 01:22 PM
    Send emails..
    Cornyns' website just goes into a loop on that validation question...how do i get past that?




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  • dontcareanymore
    07-28 01:37 AM
    Sorry if I am dashing the hopes of some and sound too pessimistic , but I think I have the right to be one , and this is what I feel where we are headed:

    1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.

    2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.

    3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.

    4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?

    What do we have in store :

    Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.

    Don't loose sleep over some one else getting GC ahead of you. Try to live your life.

    Do what ever you can to better the situation. It depends on what you believe.

    If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.

    if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.

    Don't be surprised if your hopes are dashed.

    At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".

    I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)



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  • kshitijnt
    05-09 08:49 PM
    Roger and BECsufferer, I hear your arguments and you two have a valid point of view. We need to do something at the least. Not doing anything is not an option.

    However, please understand, we are asking for "fair" and "equitable" treatment for those who are already inside the country and devoted sufficient time of their life here. To me this means "justice." If you are constantly denied justice then there is constitution to protect the rights.

    We are not asking for their "help" or "favor". Although immigration is a privilege, there is a law that governs it and it seems it is possible that EB Indians are targeted by this administration. Infact in good times of this country we have done it a lot of favor instead of our home country. Now is the time to ask for "rights" for our contribution.

    My question is, if Americans are distressed and EB India are cause of it, why did they let us in in the first place? So is it something that immigration is privilege when they need it and then chuck us out when they dont? Are you upto accepting that we are commodities to be used and thrown when they like?




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  • life99f
    07-08 09:14 PM
    Give me a link to DC thread...
    Thanks


    Can you post this on DC thread..

    We have so far 46...



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  • vij
    06-16 03:22 PM
    Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
    Wow Congrats buddy, I still did not get Receipt notice and not even my checks are cashed

    Applied to reach NSC on May 31 (current in May)
    I-140 was Approved from NSC
    Receipt Date - May 31
    Notice date - ??
    Checks not cashed yet




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  • amitjoey
    07-05 03:55 PM
    Either way it is going to work, we have to make a buzz about it.. Meaning, talk about it. Talk about flowers being sent to USCIS.




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  • 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??




    veerkar
    01-18 03:57 AM
    These links should answer any AC21 questions

    http://www.immigrationportal.com/archive/index.php/f-121.html

    http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37




    manishcp
    08-26 09:13 AM
    LC: Dec 2003, EB-3, INDIA
    I-140: NSC in Dec 2006, No LUD yet
    I485, EAD, AP: July 3 2007 @ 11:14AM
    No news: No check cashed yet



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