abq_gc
08-19 12:17 PM
everyone here is in favor of supporting BILLS and what not for recapturing VISA's and stuff.. but I believe Prevention is better than cure... why do we have to support or introduce these BILLS in the first place.. if USCIS had worked effeciently all these years ? I think instead of introducing BILLS after 5 years to recapture VISAa why cant we do something to make USCIS efficeint right now ??
Make USCIS more transparent and efficient -- that should be the GOAL.
Make USCIS more transparent and efficient -- that should be the GOAL.
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eb3_nepa
05-03 05:14 PM
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
delhiguy
07-07 08:58 AM
Delhiguy you are right and dont participate in any protest some of the members are making, have fun with your family, if you have any, and chill out. dont worry what others are doing
USCIS and gov make laws and break laws we dont have right to ask, but when we got hurt we should make them know how did they hurt us so that they will not do that to future immigrants, that's it.
I am doing things, which i could have done , I am sorry if my views collided with yours ,
USCIS and gov make laws and break laws we dont have right to ask, but when we got hurt we should make them know how did they hurt us so that they will not do that to future immigrants, that's it.
I am doing things, which i could have done , I am sorry if my views collided with yours ,
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pvpb
09-26 02:51 PM
Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.
Venkat
Venkat
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h1bmajdoor
07-07 08:57 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
arun_ramani
02-01 02:36 PM
Contributed $100 for Advocacy day. I will also inform few of my friends who can also contribute.
Best Wishes,
Arun
Best Wishes,
Arun
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pappu
11-17 03:13 PM
In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
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kartikiran
07-19 06:36 PM
I have observed in the past whenever an EB3 member brings a conversation of spillover to be used for older priority dates or for EB3 etc, the member has been marked with reds from EB2 members to express their dissatisfaction. Kondur, note that the infighting between EB3 and EB2 has been happening both ways for a very long time and USCIS has been successful in creating this divide.
Your thought process of change by lawmakers are noted. BTW the traction of EB2 members will always be lost every year around this time as EB2 candidates will end up bulletin watching till it affects that category.
This is a bitter truth we all have to swallow that between Jul - Sept every year there will be negligible EB2 members participating in IV's action items and on the other hand EB3 members feel that injustice has been dealt to them and end up feeling resigned.
At least this member sanhari is trying for something. If you all did not observe, he/she was voicing the same thoughts in the EB2-EB3 predictions thread, he was asked to not hijack that thread and was asked to create an own thread which was respectfully followed.
If we try to go offensive on members who are at least trying to do something than sitting idle, it is a shame. We need more EB2 members also who end up getting their green cards to comeback and support for this fight against EB3 members by contacting lawmakers to get some mass than talking about quarterly spillover etc. Because if the EB3 problems are addressed and we find a solution to resolve this backlog we never have to worry about spillovers or waitimes. But that rarely happens. Everybody wants a solution what works them or to be more precise, exactly till their priority date in their country and category.
I hope EB3 members start at least join this thread to show the support if not for this idea at least for future action items from IV Core. EB3 members have been passive whereas EB2 are active in predictions and bulletin watching. It really is disheartening looking at the participation or lack thereof in any EB3 threads. I hope we see some response at least...after which maybe IV Core can suggest how to proceed. When there is no participation, how much ever IV Core tries it is a difficult path. Note, IV Core is none other than members comprised with fellow candidates who are also stuck in this backlog.
Anyway sanhari, you are doing something better than doing nothing. So I commend you for that and I also appreciate how you respected fellow members sentiments in the EB2-EB3 predictions thread to create your own thread and not disturb their conversation. I am sorry I can only green you once for your effort.
But good luck with your efforts.
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Your thought process of change by lawmakers are noted. BTW the traction of EB2 members will always be lost every year around this time as EB2 candidates will end up bulletin watching till it affects that category.
This is a bitter truth we all have to swallow that between Jul - Sept every year there will be negligible EB2 members participating in IV's action items and on the other hand EB3 members feel that injustice has been dealt to them and end up feeling resigned.
At least this member sanhari is trying for something. If you all did not observe, he/she was voicing the same thoughts in the EB2-EB3 predictions thread, he was asked to not hijack that thread and was asked to create an own thread which was respectfully followed.
If we try to go offensive on members who are at least trying to do something than sitting idle, it is a shame. We need more EB2 members also who end up getting their green cards to comeback and support for this fight against EB3 members by contacting lawmakers to get some mass than talking about quarterly spillover etc. Because if the EB3 problems are addressed and we find a solution to resolve this backlog we never have to worry about spillovers or waitimes. But that rarely happens. Everybody wants a solution what works them or to be more precise, exactly till their priority date in their country and category.
I hope EB3 members start at least join this thread to show the support if not for this idea at least for future action items from IV Core. EB3 members have been passive whereas EB2 are active in predictions and bulletin watching. It really is disheartening looking at the participation or lack thereof in any EB3 threads. I hope we see some response at least...after which maybe IV Core can suggest how to proceed. When there is no participation, how much ever IV Core tries it is a difficult path. Note, IV Core is none other than members comprised with fellow candidates who are also stuck in this backlog.
Anyway sanhari, you are doing something better than doing nothing. So I commend you for that and I also appreciate how you respected fellow members sentiments in the EB2-EB3 predictions thread to create your own thread and not disturb their conversation. I am sorry I can only green you once for your effort.
But good luck with your efforts.
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
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immigration07
05-01 11:52 PM
If you don't agree. Speak out A#####e.
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
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franklin
07-09 11:46 PM
Please do find if U need permission from local law enforcement before holding the protest.
Yes, we have already initiated this process.
Vsach and all those interested in coming or organizing. The effort is being led by the Northern California State Chapter - please join up for more details (in sig)
Yes, we have already initiated this process.
Vsach and all those interested in coming or organizing. The effort is being led by the Northern California State Chapter - please join up for more details (in sig)
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xu1
05-03 11:58 AM
thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
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snathan
02-09 09:24 PM
Any one else....today?
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stillhopefull
09-21 09:43 AM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Thanks for the update. There is hope then....:)
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
Thanks for the update. There is hope then....:)
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msyedy
05-23 12:44 PM
Sent emails to all senators requested and + 2.
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anzerraja
07-19 07:11 PM
ThinkTwice , very valid points.
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Zoom, I appreciate you having started this thread, I have a suggession - Can you please
- give a little back ground as to why we are starting this effort
- The source http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
- Also some one mentioned that Aman was even considering SELLING his house to support OUR cause.
- what we intend to accomplish by this effort
- The manner in which the money that is collected will be admistered ( If this has not been finalized may be just mention that this is WIP)
- what our target is.
If you add all this information in the initial post it will give direction and substance to this effort.
Thanks
TT
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Zoom, I appreciate you having started this thread, I have a suggession - Can you please
- give a little back ground as to why we are starting this effort
- The source http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
- Also some one mentioned that Aman was even considering SELLING his house to support OUR cause.
- what we intend to accomplish by this effort
- The manner in which the money that is collected will be admistered ( If this has not been finalized may be just mention that this is WIP)
- what our target is.
If you add all this information in the initial post it will give direction and substance to this effort.
Thanks
TT
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ski_dude12
09-01 02:04 PM
Was it TSC or NSC?
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
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gc28262
06-28 01:04 PM
Do a search on Dice with Citizen as the keyword. You will find lot of openings with Citizen and GC only requirement.
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kg318
04-22 09:44 PM
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.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
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.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
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sujith1
07-30 09:10 AM
Receipt Date - July 11
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
eb3_nepa
12-11 07:50 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
anilsal
12-16 01:34 PM
to motivate and console each other. This is what IV is all about. :cool:
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