Friday, June 10, 2011

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  • chinna2003
    03-11 09:21 AM
    I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
    Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.

    In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?




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  • chanduv23
    09-10 07:54 AM
    Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.

    These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.

    As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.

    IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.

    I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.

    I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.

    Write blogs, make all this visible.




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  • thomachan72
    06-18 07:25 AM
    But for filing the 485 (US green cared last stage) you need to be physically present within the US and it will be difficult to comute across the border at this stage. This is a very complicated issue and you can never predict the outcome. However, apply both and stay in canada now. Try to complete the 2 year requirement in canada and then you can move back to the US and file the 485. Another thing I heard is if a canadian company hires you and places you in a US location, you can stay in the US and claim years of residence towards the canadian PR, because you are being paid in canada (something like that). If that works then at the same time your LC can be done here. then if dates are current 140 and 485 filed concurrently.
    Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.




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  • Green.Tech
    09-24 01:47 PM
    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.

    Seba,

    If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?



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  • msp1976
    02-09 03:59 PM
    All non-Indian members....

    At present India is the most retrogressed country...This is just an attempt to gauge the extent of retrogression....
    This poll does not imply that you are not valuable and your concerns are not cared for...




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  • Canuck
    02-03 01:50 AM
    People,

    The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...



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  • srikanthmavurapu
    08-16 04:03 PM
    It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

    If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.

    In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
    I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
    Thanks,
    Srikanth




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  • eb3_nepa
    01-25 04:57 PM
    I would not read anything that Times of India says too seriously. TOI has a history of changing the context or blowing up minor issues. This explains why, even though the recession (post 2000) lasted for a good 3 years, people back in India thought the US economy was booming!



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  • pardesh
    11-19 01:06 PM
    This was the our Immigration Lawyer's response:


    AP is valid for multiple entries. Generally you receive three
    original approval notices. When you reenter the U.S., the officer will
    sometimes keep one of the originals, but you will still have two others
    to use on future trips. Occasionally, the officer will stamp the AP and
    then return it to you to use again, but if he keeps the original,
    there's not much you can do about it. If all the originals have been
    used, then you will need to file for another AP for future trips.




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  • fall2004us
    03-22 02:43 PM
    samswas - sorry for hijacking your thread a little bit.
    here is my question:
    Can I travel while EAD is still pending, though EAD is not being used, and mode of entry will be still H-1 and AP papers as backup.(no employment change)



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  • morpheus
    04-06 12:03 PM
    Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.

    If you are in a stable job with limited promotions or raises, I agree the traditional GC route is better if you can make it through. For my career, I would rather have the added flexibility for six years. I do agree it could be very slow though and it is a small extra risk. In my case, I have the option of returning to another visa category if the GC processing didn't work out in the end.




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  • BharatPremi
    07-12 04:34 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.

    It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

    Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...



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  • Saralayar
    07-20 09:43 PM
    Yes, it's definitely a issue. Talk to your lawyer immediately.

    Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.

    I also did the same mistake. But when verifying before sending it to our immigration department, I found that I need to fill G325A. Then I filled the G325A and sent.




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  • agc2005
    12-25 08:38 AM
    kish006:

    Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).

    1) write a Letter to USCIS explaining the problem
    2) EAD Card
    3) New photos
    4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
    5) Passport photocopies.



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  • rbachu21
    02-03 03:03 PM
    Invincibleasian,

    Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?




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  • akred
    06-08 12:10 AM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?

    I'm sure that is not addressed in this letter because from their POV there is no abuse.

    The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?



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  • ItsLife
    05-06 09:17 PM
    Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
    if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.

    We can post IPL matches here, we can post people working on two jobs and all the advise for every thing and not for this poor guy who seeks advise.

    This is a form for immigration issues and not only to get your Green card. Incase you forget that.

    This is a very sad state then some seniors think they can talk trash or anything to other members. This needs to stop asap.




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  • purgan
    04-13 10:13 AM
    USINPAC, for instance, promotes its role in the India-US nuclear deal.

    It has also listed immigration as one of its issues, but all it cares about there is family immigration, so all those citizens can sponsor their own relatives. A bunch of A$^#^

    himu73, why don't you try to contact these two oganizations + USINPAC to see what kind of traction you can get? The core is busy and needs all the help it can get. Are you upto it?




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  • anilsal
    07-16 07:21 AM
    i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.

    The reason consulates in the US take 50 days for PCC is that they send the request to regional Passport Office in India who take like 45 days. So you may probably apply at PP office in India and get the clearance.




    sj2273
    06-11 02:30 PM
    I missed the last rally and I regret it. There was a moment in time when we were all really energized. The flower campaign was brilliant. But now we seem to have lost that fire - me included! I dont even remember my dates anymore. I know we have a serious problem of getting people together for anything. But starting small in our own cities and connecting to a national IV would probably work. I am here in Sterling Heights, MI (Detroit Metro Area) and I am willing to host people in my area It will be great if others in other cities can do that too. I am dre. ming, but think about it if this works. We can march to washigton again such large numbers that everyone will notice. I really think its time to get together and do something. Bouncing ideas on IV boards is great but lets meet and get to know each other and see if can talk about this problem face to face across the country. Thats what grassroot effort it!. If nothing, we will find new friends in each other. I hope to find that fire in us again and I thank you for reading my post!




    GoneSouth
    09-03 03:06 PM
    Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).



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