Tuesday, June 28, 2011

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  • txh1b
    08-26 01:09 PM
    CPO today. Case at local office. Had 1 interview where all documents for status and taxes were checked for the past 12 years. Never had a problem or gap in status and IO was surprised why the case came to local office. I was atleast happy that the interview is the worst thing that can happen and I am done through that.

    After 3 infopass appts, 2 SRs in all have the CPO in hand.

    Good luck all.




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  • ajay
    11-17 03:15 PM
    Sent it.




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  • wellwisher02
    04-12 08:46 AM
    In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this

    1) do i need to surrender my PAROLE I-94 before departing USA?
    2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:

    Thanks.

    If you wanna return to the US from Canada, you either need to have H1B visa or AP.
    Your Canada Immigration Officer may ask why you want to settle in Canada and you should have a convincing explanation.




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  • kshitijnt
    04-22 08:06 PM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



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  • number30
    05-01 10:48 AM
    IV Core. Can something be done to highlight this issue in your conversation with authorities ?

    The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.




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  • acecupid
    09-24 02:19 PM
    Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.

    As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.

    And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.

    rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?

    The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.



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  • chantu
    07-21 07:01 PM
    Priority Date - Nov 2006
    EAD Renewal Mailed - July 12, 2008
    Received by USCIS - July 14,2008
    Notice Date - July 15, 2008
    Received Receipts - July 21, 2008




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  • zeta7
    06-22 09:30 PM
    Zeta, congrats on ur successful landing and more so due to non-issues at the US side. I completed my landing in May, 2008 and its been about 4 weeks and my friend in Canada hasn't received the card yet. So, I'd assume its common. Yes, as u r not earning any income, there r no tax filing issues. Have u also applied for a SIN and opened a bank accnt? I've done neither. I just did the landing (was barely for about 30 mins in Canada), took a U-turn and came back to the US :). Unlike u, I used AVR to return back to US.

    Yeah, I applied for an SIN card, and received a temp number as well at the same time. I didn't open a bank account however. Hope we receive the PR card soon, then at least the angle to the north is taken care of for the time being.



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  • ink_123
    08-30 06:37 PM
    Application Sent on June 30th. Recd in NSC on July 2nd. I had applied only 485 at that time. Sent the other forms later with the Fedex receipt no. Waiting for EAD/AP receipt now!!




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  • buddyinsd
    08-31 01:33 PM
    If this is not racism then what is? U R VERY SICK...Get well soon!!!

    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.



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  • jnraajan
    02-08 06:58 PM
    Pappu

    The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.




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  • hiUS
    09-03 02:23 PM
    Did you change your mailing address after you submitted your I-485?
    Some time they correspond to your old mailing address even though you updated the address with USCIS.

    Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.

    These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.

    My 2 cents.

    Good Luck.

    It seems he received the Approval Notice by post without the cards (same as me) on 8/18/08. So, the address should not be a problem.



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  • abracadabra
    07-07 02:34 PM
    Is it happening today?? There is no media coverage




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  • tonyHK12
    02-24 03:30 PM
    deleting...



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  • gc_sri
    08-29 12:54 AM
    Received on jul 23rd NSC...
    No receipts yet...




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  • psaxena
    09-10 07:41 PM
    Deepak,
    Simple thing, I don't comment all the bull that goes on , on the open forum, discussing Vonage to anything, who cares. Put up the opinions no problem. But there has to be a limit on how and what are you putting up.
    Despite IV doing so much for the community, the post from gvenkat, jyoti and including yours and lot others (guys you know whom I am talking about) actually demotivate the group and this way you contribute to IV but all NEGATI VE When I see this type shit I just cannot stop myself and I think would be a shame on myself if I do so.

    Also , one time donation are not helping. IV needs more donations, more volunteers. Come on join in, everything is flexible here for volunteers, so please contribute and donate.IV core has got it to this point with least support and proved that yes it can be done now what else do you what IV to prove. After this still you are looking for something for them to prove. then its nothing to prove all BS excuses for not being the part of it.
    If that is the case , then who cares about ones opinion???



    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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  • senthil1
    10-25 11:02 PM
    We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.


    QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...[/QUOTE]




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  • bigboy007
    07-02 10:31 AM
    Mine delivered 9:00 AM via Fedex shipped on 6/30

    lets see what others have i did it on saturday late evening.




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  • desi3933
    01-30 03:08 PM
    Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?

    No.

    It is customary to put one year expiration for I-94 for AP entry. It does not mean much.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




    abq_gc
    08-18 01:04 PM
    can we file a lawsuit against USCIS for not following their own guidelines and "discriminating " against cases ?

    All cases should be treated equally... don't care whether they are low hanging fruit or not... every case should be represented equally before an IO...

    I dont understand why should hard to determine cases be penalized for USCIS's laziness throughout the year and then trying to speed up the process in the last two months...




    sam2006
    07-19 06:58 PM
    count me in also ....



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