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  • akhilmahajan
    04-23 11:38 AM
    My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?

    As per the Yates memo, we are covered once 180 days have passed since filing 485.

    If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.

    Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.

    So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.

    I hope it helps.

    GO IV GO. TOGETHER WE CAN.




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  • arnet
    06-23 12:25 PM
    please read the numbersusa article below. We have do the same thing...inform all members when the Senators/House Representatives field hearing in their cities/towns and volunteers/members can organize to meet them and explain our problems to them.

    If it is possible we can show even documentary in the hearing which IV core team is preparing (if nt slideshow is also effective). Please come up with a strategy for this hearing......:)


    Attached below--NumbersUSA--Email Campaign

    The Conference between House and Senate to determine a final immigration bill is being held up because......the House and Senate have announced that they will each hold public hearings on their separate bills. Each side will try to drum up support for their position.

    The House bill takes the "attrition through enforcement" approach
    The Senate bill takes the amnesty approach

    This makes it especially important that Members hear from their constituents. Probably the most effective immigration-reduction task one can take over the next month is attending a meeting or public event and making their views known.

    One of the most powerful things any citizen can do for the cause of reducing overall immigration is to personally show up at an event of their Senator and raise the issue of immigration in any way.

    We will post the information you provide us about your Senator's meetings so that the other NumbersUSA members in your state will have the opportunity to show up.

    It is essential that we keep an updated accurate schedule for all Senators. This is a monumental task that can only be done by hundreds of individual volunteers, each taking one part of the job.

    Another Msg from NumbersUSA says the same except:

    One of the most powerful things any citizen can do for the cause of reducing overall immigration is to personally show up at an event of their Representative and raise the issue of immigration in any way.

    We will post the information you provide us about your Representative's meetings so that the other NumbersUSA members in your area will have the opportunity to show up.




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  • GCEB2
    09-03 10:43 AM
    Did you receive teh physical cards by now?

    My Case:

    08/12/08 - Approval Notice Sent message (This is the only message I got)
    08/18/08 - Received the Approval notice by post

    No cards till now...:confused:

    I am in the same situation

    08/12/08 - Approval sent email
    08/18/08 - Received the Approval notice by post

    No welcome notice or card

    No updates.....




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  • mnkaushik
    08-27 01:32 PM
    ..f(p)light still seems to be wheeling on the runway as compared to NSC's soaring high approvals. Any thoughts?:confused:

    May be just may be because TSC approved a lot of cases for the current PD 2 years ago and have less cases than NSC.



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  • 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.




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  • vadapav
    12-02 03:46 PM
    Friends,
    Please give your opinion on my plan.

    Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer

    I have no realistic hopes by getting GC by end of next year.

    New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
    1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
    2. Change address, but give friend's address in the same city as mentioned on application
    3. Convince current employer to respond to RFE (in case any) positively
    4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE

    Does this sound far fetched?

    thnx



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  • nviren
    05-02 08:01 PM
    Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument




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  • deepak
    09-10 06:35 PM
    Plain and simple question, are you a donor or a volunteer.. if yes.. then you must be aware of
    the different initiatives that IV has taken up for EB3, which I guess you are not aware of.

    As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.

    I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.

    Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.

    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!



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  • sanhari
    07-21 08:47 AM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....




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  • jsb
    08-14 08:47 AM
    EB2 India
    PD 5/04
    I-140 approved 6/06 at TSC
    I-485 filed July 2 at TSC

    No receipt or check cashing yet !!!

    By the way, latest update by TSC shows TSC at 6/28/2007 (only 2 days move!!). NSC is still at 7/1/2007



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  • jindhal
    09-23 04:50 PM
    Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.

    When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.




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  • gclabor07
    11-17 03:26 PM
    Done.



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  • n_2006
    02-26 08:39 AM
    Paypal Transaction # 5XF27777C1879882M




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  • hiUS
    09-19 10:04 AM
    I had info pass appointment today in Newark they asked my
    Info pass appointment letter
    I-485 approval letter
    Passports

    I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.

    I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.

    After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update

    Approved on 8-12-08

    As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.

    I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.

    8/12/08 - Approval Notice sent email
    8/18/08 - Approval Notice sent mail (post)



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  • priti8888
    10-08 12:55 PM
    Today, 12:32 PM
    EndlessWait
    Senior Member Join Date: Jul 2006
    Posts: 227


    GC must be FIFO based only i.e PD

    --------------------------------------------------------------------------------

    Action item for IV, besides visa recapturing etc. Its one of the items they
    should add to there agenda. ----------------------------------------------



    aside from 1)increasing numerical caps,
    2)reducing processing delays,
    3)eliminating per country limits,
    4)eliminiting career stagnation rules,
    5)aside from visa recapturing,
    6)aside from not wasting visas,
    7)aside from eliminating name-check backlogs..,
    8) aside from allocating one visa per family as opposed to one visa per person---.----you want them to change their internal system as well!


    I understand the entire system needs an overhaul,but it would be great if IV acheives even one of the above agendas....




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  • smuggymba
    08-09 01:21 PM
    Why fight among EB2 and EB3? EB1 should be also a part of this, that's what we are good at...right?

    Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?

    There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.

    I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.



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  • desi3933
    07-08 10:45 AM
    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.


    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.


    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .




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  • gujju
    08-20 09:20 PM
    No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:

    Are we heading into another fiasco ?????? :confused:

    PD:Dec 05
    1140: TSC June 06
    I485/I765/I131 sent to NSC

    MBawa ,

    When did u mail your application .I have also not received my receipt for application filed on 18th June




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  • srinithati
    12-15 11:38 PM
    Don't worry Bro' this retrogrssion is artificial...

    Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..

    even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...

    For EB2, retrogression is artificial, it doesnot reflect actual numbers.

    March/April 2008 - will show up more realistic numbers..




    nc14
    08-18 03:04 PM
    Very well said.

    .................................................. ...
    $470 + $50 recurring

    After reading lots of forums contributors, my 2 cents :

    a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.

    As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!

    b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
    People are waiting for 10 years in line, come on..think, if this happens to all of us..

    c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
    The harshness of things is creeping in people, but pls. some sincerity is also needed.

    I thank all of you who have worked hard for the benefit of all of us.




    chaukas
    05-23 11:49 AM
    Done. Sent to all .



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