GCStatus
09-16 04:36 PM
http://www.immigration-information.com/forums/showthread.php?t=5701
GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.
Thanks for this great note, Map boiler. Just think alone for a second, what your comment has contributed, if at all it did.
GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.
Thanks for this great note, Map boiler. Just think alone for a second, what your comment has contributed, if at all it did.
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n_2006
06-27 10:29 AM
If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
kshitijnt
05-09 07:15 PM
Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
2011 Dreamy Summer Flowers
santhi_krishna
08-13 04:57 PM
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
Receipt Date: 07/02/07
Notice Date: 08/06/07
more...
dtekkedil
07-10 09:53 AM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Check the USCIS Home page-
http://www.uscis.gov
Check the USCIS Home page-
http://www.uscis.gov
dsairam
12-19 04:24 PM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
more...
dingudi
11-07 01:26 PM
I am trying to understand something here. So When we call TSC for FP they say it depends on local ASC. And I read from other posts on this and other forums that people who take infopass appointment for FP with their local ASC get a response that they have to call TSC for FP. So basically with Infopass , the local IO say to contact TSC and by calling TSC they say it depends on local ASC. What do we do now?
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morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
more...
ThanksIV
12-08 04:22 PM
Sorry to hear your situration, but don't lose hope, miracle will happen to good people.
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adde72
07-06 04:53 PM
DC is the right place even on a weekend also just protesting infront of the uscis office will get media attention .....we should plan for this.i know less than 1000 people will be a failure ..can we try to get the mood of the IV for this kind of event ...
more...
zeta7
06-22 01:36 PM
Hey all,
I completed my landing in Toronto some 4 weeks ago. My pertinent details:
-No valid H1B stamp in passport
-485 was filed
-Planned on using AP to return
The risk at the time (since there was no clear consensus here) was returning to the US using AP with a Canadian Immigrant visa stamp in my passport. I should point out that my passport was literally a year old, and the Canadian visa was bang in the middle pages; it popped out as soon as the passport was flipped open. It couldn't be missed.
Toronto immigration was smooth. The only comment the officer made was that I had only a week left before my Canadian visa was due to expire, and she was surprised I had waited till the last minute (I suspect she'll be seeing quite a few more cases like this soon though!). I provided a Canadian address to receive my PR card over there.
I spent two days only in Canada. I decided to travel across the Atlantic and meet up with the family since I was leaving the U.S. anyways. Plus I figured on returning, if I was asked what the purpose of my travel was, I could honestly say "visiting family" as opposed to beating about the bush about the Canadian PR.
I returned 2 weeks later to NY-JFK. At the immigration counter I was asked to go to a separate desk to have my AP paperwork done. The Officer there asked me what my area of employment was, which I responded to. I was then asked to wait. 20-30 minutes later I was called again and my passport and AP documents were returned. No other questions were asked.
I was extremely paranoid about the whole thing, but there were literally no issues. Of course luck plays a big part, so it's up to you to roll the dice; chances of problems arising seem low though.
It's been almost 4 weeks and I still haven't received the Canadian PR card; if anyone else has an idea of how long it takes, I'd appreciate it if they could apprise me. Also I'm under the impression that since I'm not earning any income in Canada, there is no tax paperwork to be filed there. Is this correct?
I completed my landing in Toronto some 4 weeks ago. My pertinent details:
-No valid H1B stamp in passport
-485 was filed
-Planned on using AP to return
The risk at the time (since there was no clear consensus here) was returning to the US using AP with a Canadian Immigrant visa stamp in my passport. I should point out that my passport was literally a year old, and the Canadian visa was bang in the middle pages; it popped out as soon as the passport was flipped open. It couldn't be missed.
Toronto immigration was smooth. The only comment the officer made was that I had only a week left before my Canadian visa was due to expire, and she was surprised I had waited till the last minute (I suspect she'll be seeing quite a few more cases like this soon though!). I provided a Canadian address to receive my PR card over there.
I spent two days only in Canada. I decided to travel across the Atlantic and meet up with the family since I was leaving the U.S. anyways. Plus I figured on returning, if I was asked what the purpose of my travel was, I could honestly say "visiting family" as opposed to beating about the bush about the Canadian PR.
I returned 2 weeks later to NY-JFK. At the immigration counter I was asked to go to a separate desk to have my AP paperwork done. The Officer there asked me what my area of employment was, which I responded to. I was then asked to wait. 20-30 minutes later I was called again and my passport and AP documents were returned. No other questions were asked.
I was extremely paranoid about the whole thing, but there were literally no issues. Of course luck plays a big part, so it's up to you to roll the dice; chances of problems arising seem low though.
It's been almost 4 weeks and I still haven't received the Canadian PR card; if anyone else has an idea of how long it takes, I'd appreciate it if they could apprise me. Also I'm under the impression that since I'm not earning any income in Canada, there is no tax paperwork to be filed there. Is this correct?
hot Summer Flowers 1200 x 800
alterego
12-12 05:50 PM
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
more...
house Summer flower wallpaper
abq_gc
08-18 01:23 PM
Security background should not be an issue more... It is pathetic that folks with PD 2002 are still waiting... You guys are silently sufferiing , it is time that you remain silent no more.
I am with Sunny... we have to do something.... and something before this year ends... who knows what the heck will happen once OCT comes... this window is critical..
I am with Sunny... we have to do something.... and something before this year ends... who knows what the heck will happen once OCT comes... this window is critical..
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anilsal
11-21 07:10 PM
Hi Mehul, i'm really sorry to hear your situation. I was researching some stuff & since you are from Fiji & with the political unrest in your home country, can you take political asylum since you were kinda forced to leave the country. I mean everyone knows about the coup that took place in your country. below is a link that gives you more information on Political Asylum maybe this would expedite the process for you.
http://trac.syr.edu/immigration/reports/161/
Let me know if i can help you in any other way!!!
thanx
This is another avenue. I do not think it is based on country of birth, I mean Asylum.
http://trac.syr.edu/immigration/reports/161/
Let me know if i can help you in any other way!!!
thanx
This is another avenue. I do not think it is based on country of birth, I mean Asylum.
more...
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485Question
10-04 06:23 PM
Any applicant here who received the finger printing notices after Oct 1st.
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shsk
07-07 12:32 AM
Let us send Thank you greeting cards for 30 days (1 month).
This will give continuous media attention
This will give continuous media attention
more...
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BharatPremi
12-16 06:26 PM
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
^
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
^
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saro28
09-09 08:21 PM
I don't see this visa bulletin published in USCIS site yet. Could the dates be mistake?
I noticed that the date is not complete at bottom of bulletin
September 9, 200
I noticed that the date is not complete at bottom of bulletin
September 9, 200
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english_august
07-09 07:50 AM
So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
Gemini
10-04 10:05 AM
Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
mita
08-14 03:21 PM
As mentioned in my earlier post, address on my husband's I-485 was changed by USCIS system wrongly to attorney's address. We were wondering whether the documents went to old address or attorney and thank god our attorney has received it today and we will get it tomorrow. As for me and my son, still waiting...
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