Senin, 20 Juni 2011

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  • techysingh
    02-03 09:36 AM
    not yet





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  • DSJ
    06-20 01:25 PM
    I was saying all those things if the reason was money. If that is not the case then I am wrong, I am not an expert in suggesting different lawyer.

    I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.

    Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?

    Thanks





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  • amit_p27
    06-20 07:37 AM
    Congratulation...

    I hate to see you leaving, you need to fight for others. Who knows somebody close to you might get stuck in this mess. IF everybody leave just because they got what they need than its not fair. If you think IV has helped you in any way then each of us put some effort to help IV and its members.


    Again congrates and hope you become more active in coming days.

    Thanks.


    Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D





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  • gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • saimrathi
    07-02 03:21 PM
    Medical Fee $500 + gas money to get to the clinic 100 miles away.
    BC etc ~$40
    Lawyer fee + USCIS Fee: Company paid
    Driving to my boss who was on vacation, having him sign the papers and deliver the papers to my lawyer (500 miles), so that it wud reach Lincoln, NE today only to be returned or whatever...
    Mental Trauma and anxiety: priceless





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  • downthedrain
    02-13 01:24 PM
    got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11



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  • senocular
    02-03 07:43 AM
    so wait, is it different now? ... Im lost, what changed?





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  • syzygy
    07-06 03:39 PM
    http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US


    I agree. I saw this thing first time.



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  • xyzgc
    01-03 05:16 PM
    why not invest in a full-fledged mba instead? It will help you a great deal in your career aspirations.





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  • grupak
    06-12 02:50 PM
    The text of the testimonials on the sub committee hearing is uploaded. Do find the pdf of the testimonials at http://judiciary.house.gov/oversight.aspx?ID=452

    All the witness except Mark Krikorian felt the 3 bills from Rep. Lofgren and one bill from Rep. Wexler (HR 5924 - addressing Nursing shortage) are the need of the hour.

    Let us keep working on the phone campaigns.

    Interesting reading. Wonder what is it about eugenics that still appeal to some people: Just get some geniuses and they will build heaven as opposed to people who are actually providing vital service to the community. I guess I should get my IQ results translated to English first.



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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!





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  • ss1026
    08-20 06:18 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

    I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.

    One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck



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  • satish_hello
    08-23 10:28 PM
    Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.

    Since ther is plenty of approval going on everyday.

    They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.

    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?
    Edit/Delete Message





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  • vbkris77
    11-30 10:46 PM
    If Ron were to look at the state dept. allocation for S. Korea in 2008, they got most of 7% in EB. The number was close to 25K.



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  • GCwaitforever
    11-16 02:30 PM
    Forward discriminatory job posting to "compliance@dice.com" for corrective action by Dice.

    Conversation with Dice:

    Hi xxxxxxxxx,

    We actively monitor the site for discrimination and address them on an
    individual basis. It is the responsibility of the employer to not
    discriminate in their postings and many of them do not realize that they
    are being discriminatory. We are constantly working with employers to
    make sure they are in compliance with the EEOC guidelines to give them a
    heads up as the Justice Department is also monitoring the job boards. As
    you can imagine, this is a never ending task.

    If you find a particular posting, please forward the posting to us at
    "compliance@dice.com" and we will address it.

    Since the employers are responsible for their own postings, you will not
    receive a reply from our legal department as we are not liable.

    Have a great day!

    xxxxx xxxxxxxxxxxx
    Customer Compliance Specialist
    Dice, Inc.
    Phone: 1-888-xxx-xxxx xyyyy
    Fax: 1-xxx-xxx-xxxx
    E-mail: xxxxxxx@dice.com
    www.dice.com

    -----Original Message-----
    From: xxxxxxxxx
    Sent: Thursday, November 16, 2006 2:42 AM
    To: xxxxxxxx
    Subject: Contact Dice Message

    First Name:xxxxxxxxx
    Last Name:xxxxxxxxx
    Address:
    City:
    State:ALL
    Zip:
    Country:us
    Email:xxxxxxxxxx

    Message:
    Many of the job advertisements on DICE start with a restriction - US
    citizen only, USC or GC only etc ... Only some of these advertisements
    genuinely require a security clearance and hence applicable to US
    citizens only. Rest of the advertisements are *** DISCRIMINATORY *** for
    foreign nationals. Definitely this is a fertile ground for class action
    suit by a competent attortney. Please ensure your clients follow the
    law. Do not let law breakers post on your web site by coming up with
    some point system and penalizing the offenders by removing their ad or
    banning them after repeat offenses.

    Please look at EEOC web site (specifically foreign nationals section) to
    understand current law. I will be waiting for reply from your legal
    team, before I take any further action.





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  • wellwishergc
    04-10 09:15 PM
    I understand!!! I was just kidding..:); I will call it a night.. It was a pleasure talking to you..

    Bye for now..

    Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.



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  • raydhan
    04-02 12:40 PM
    Sent both faxes





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  • lordoftherings
    07-16 11:59 PM
    This is the same argument used by anti-immigrants.

    I am a nurse so we better flood the job market; don't you think so?

    Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
    I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.

    lotr





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  • wellwishergc
    04-10 07:24 PM
    Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..

    Sincerely,
    Raj
    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





    Dandruff
    07-29 12:02 PM
    EAD Renewal / EB2-I
    E-filed : 06/15/08
    FP : 07/11/08
    Card Production Email : 07/28/08
    43 days.

    will update when card is recvd re: duration





    RajForGC
    06-07 12:02 PM
    Friends,
    EB3 - Perm May 2005, Sep Approved, 140 Approved Jan 2006

    Eb2 - Perm April 2007, May 2 Perm Approved, 140/485/765
    filed May 18th, 140 Approved 23rd May, Finger Print Next week.
    So, My question is , if this Bill get pass then do I have to reapply again. If then my employer will send me home rather than doing so. Please2 let me know.
    Thanks



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