Kamis, 23 Juni 2011

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  • laborday
    07-17 09:29 AM
    as expected Nebraska is crawling :mad:





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  • yabadaba
    06-05 09:37 AM
    Just a query how did you came up with the date of April 2005.
    april 2005 would equal a 1 year movement for India EB2 from the june bulletin.





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  • nrk
    10-26 08:05 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.





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  • bombay
    12-27 01:04 PM
    We should be happy that we would be much better than the local guys after gettting our green card. We can offshore jobs to our native countries and earn good money and retire soon.
    Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.



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  • tikka
    07-02 05:01 PM
    and the end of the your post .. will help us when we begin counting

    thank you so much





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  • jsb
    01-14 11:01 AM
    Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
    If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

    Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)

    USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

    PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

    This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.



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  • mmj
    04-22 10:35 PM
    Amen!!!


    definitely ..and i am sure lot of people agree ..flowers, marching etc is much better ..but till we get to that point ..let us send emails / letters atleast ...something better than nothing !!





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  • nc_sekar_415
    01-27 04:08 PM
    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."



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  • DSJ
    06-19 03:53 PM
    In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.

    I think when its current then its the I-485 RD. If its retrogressed then your PD is very important.





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  • humdesi
    12-29 01:55 PM
    As I explained here

    http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26

    AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.

    My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.



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  • gc28262
    03-11 11:52 PM
    I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
    that.

    That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.





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  • abqguy
    01-23 02:28 PM
    I cannot believe that out of the thousands who are affected, only 155 so far have taken a step to scream for help by writing this letter. Guys, C'mon, we can do better than that.

    I have an analogy for those of us who work in IT. If a user contacts us with an issue in the software application, we look at it and go.....I'll work on it when I get a chance. The issue gets dumped in the back burner and may or may not get resolved. On the other hand, if all of a sudden, several 100 users start complaining about an issue, we roll up our sleeves and start working on a fix right away. I should say, this applies not just to IT, but every other area. Unless, you make them aware of the problem, there is going to be NO resolution.



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  • spdy_mn
    10-21 02:32 PM
    I understand.

    I once asked about a soft lud and I was given red dot. The reason given was
    "quit asking about soft luds". They could have said that in the thread instead of giving me red dots :confused:





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  • hiralal
    05-05 10:16 PM
    Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.

    BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
    I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
    as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now



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  • coloniel60
    08-16 01:24 PM
    I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.

    I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.

    Don't you agree ?

    USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.





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  • shree19772000
    12-05 03:05 PM
    I guess my question stems from the comment above. Say if I do not get my GC and I wish to go back after 10 yrs is it possible to get my SS money back even if I am on H1 status?



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  • LostInGCProcess
    03-02 03:03 PM
    this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.

    I was just curious to know and the reason why I asked was, if you read all the posts on this thread, one person (sheela) had a similar 'house visit' by an ICE agent...who was asking questions mostly on wire transfers...so, was trying to see if there was any similarity in both the cases?





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  • god_bless_you
    02-20 06:20 PM
    http://www.aila.org/content/default.aspx?docid=24696





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  • vban2007
    08-19 02:18 PM
    Do we need to select this last option?:

    I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.





    sands_14
    07-04 08:34 PM
    Around 700usd





    venkygct
    09-05 05:39 PM
    Sanjay,
    We have added you to the queue. We will look for the sponsor and get back you asap. Can you go ahead change your profile setting with "yes" option for the rally poll?

    Thanks
    --Venky



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