bomber
07-20 12:12 PM
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jonty_11
07-28 12:02 PM
alrite the same war of words again.. Lets just cut it and unite.
I just wanted to disagree the with title of the thread.. All EB3 is "U" why only call to action for EB3-I.. Please dont limit your view of the world(in this case IV)...Work for the betterment of all in EB3 and EB2 and all EB categories....
UNITE and we will WIN.
I just wanted to disagree the with title of the thread.. All EB3 is "U" why only call to action for EB3-I.. Please dont limit your view of the world(in this case IV)...Work for the betterment of all in EB3 and EB2 and all EB categories....
UNITE and we will WIN.
ItIsNotFunny
05-01 03:34 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
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delhiguy
07-08 05:54 PM
No onde denies that we cannot vote. But we have the basic rights, like being treated "equally and fairly". For example, if some employer violates labor law and did not pay you for your work, I am sure you can sue, even though you are not a citizen. There are some basic rights that everyone has, esp. if you hold good fainth and are damaged. Statement that you do not have any rights as you are not a citizen is just wrong. I am wondering how this will impact people's (esp. people from other countries) perception about this. :confused:
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
more...
Macaca
07-09 11:25 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
it only says the "status may be adjusted" IF.....
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
aquarianf
04-25 10:27 AM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
more...
paskal
07-09 12:06 PM
140K are never available on Oct 1
27% are = 37,800
and country limits determine individual cutoffs
27% are = 37,800
and country limits determine individual cutoffs
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MeraNaamJoker
08-26 09:29 AM
I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
more...
mahujam
07-31 02:02 PM
Just received an email from CRIS, our I-131 was approved. Nothing on EAD.
Are AP's being approved faster ?
When did you apply ?
Are AP's being approved faster ?
When did you apply ?
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abracadabra102
05-10 10:20 AM
Dear Mr. President:
This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.
Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?
I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.
My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.
Sincerely,
kshitijnt,
I know you mean well and trying to do something. But, please do not send this letter.
The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.
This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.
Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?
I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.
My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.
Sincerely,
kshitijnt,
I know you mean well and trying to do something. But, please do not send this letter.
The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.
more...
petepatel
07-30 07:25 AM
Priority Date is Nov 2004
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
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sathweb
01-30 03:34 PM
My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
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malibuguy007
02-18 03:42 PM
I disagree. Changes in laws do not happen overnight and any efforts that core is making cannot be made public all the time. If they can get thousands of people the benefit of moving to EAD etc. then I am sure they are working behind the scenes to get more favorable changes done when the time is right. I have faith in their ability.
Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
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waitnwatch
08-18 02:53 PM
Two things..........
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
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shreekarthik
10-09 09:57 AM
Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.
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msp1976
10-16 01:21 PM
The immigration debate for legal immigrants and illegal immigrants with substantial presence in the USA has been raging for 2 years now. Reforms consistently went through Senate but got stuck in the house. Last year has been most painful and has brought matters to a tipping point. Therefore, I conclude that after the elections things have to settle down - this matter cannot be up in the air any longer. Either we get formally and bitterly screwed or some relief pops out in the next 2-3 months.
Well....
Option 3 is that they keep the thing dragging on just like they are doing last 2/3 years...Remember GW Bush was talking about guest worker program at start of 2004...The next presidential elections are just 2 years away...We keep hanging by the lean thread of forlorn hope...
Well....
Option 3 is that they keep the thing dragging on just like they are doing last 2/3 years...Remember GW Bush was talking about guest worker program at start of 2004...The next presidential elections are just 2 years away...We keep hanging by the lean thread of forlorn hope...
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vban2007
06-01 04:41 PM
Sent email... Thanks again
santhu
07-03 04:13 PM
Hi Everybody
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
I'm almost at checkout for sending flowers. Interestingly I noticed that there are other forums where people are discussing the immigration issues and also where people are effected.
Lets make it a massive campaign. We can have a link on the immigration voice home page with exact details on the address and date (final) and impress on people that it shall work.
I noticed that many Chinese use other forums in Chinese language. In fact I requested one of friends to post these details in their forum as well. May be each one of us can forward the details to others by E-mail or other wise. Try to make 10th July as big day for USCIS leaving all document packages aside but busy handling the roses.
Media would definitely be happy discussing the approach for days and in way discuss the issue as well.
Flowers do bring smile and a little bit of introspection to every one.
Lets do it big way.
Thanks
desi3933
07-10 04:54 PM
And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
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