diptam
08-18 01:41 PM
Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
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gdhiren
07-11 10:15 AM
http://www.ibnlive.com/news/immigrants-refused-green-cards-take-to-gandhigiri/44667-2.html
Don't forget to watch the video.
Ok, Already posted on the other thread but then why is this thread here?:)
Don't forget to watch the video.
Ok, Already posted on the other thread but then why is this thread here?:)
gsvisu
07-11 01:01 PM
My slogans: Fees double, More trouble.
Be legal = Pay more fees and NO GC
IF IMMIGRANT STATUS = LEGAL then
{
WAIT FOR "N" YEARS
PAY MORE FEES
NO GC
}
EndIF
Also we need to emphasize & communicate is the "increased fees" (almost doubled in many cases) for all USCIS services effective end of this month (July 30).
The rallys and campaigns should emphasize this important detail too. This is huge money and not fair to the amount of service that is being currently provided.
Is this the penalty to be legal ?
1) http://www.uscis.gov/files/pressrele...te_07Jun29.pdf
2) http://www.uscis.gov/files/nativedoc...dule052907.pdf
What are your comments guys ?
Be legal = Pay more fees and NO GC
IF IMMIGRANT STATUS = LEGAL then
{
WAIT FOR "N" YEARS
PAY MORE FEES
NO GC
}
EndIF
Also we need to emphasize & communicate is the "increased fees" (almost doubled in many cases) for all USCIS services effective end of this month (July 30).
The rallys and campaigns should emphasize this important detail too. This is huge money and not fair to the amount of service that is being currently provided.
Is this the penalty to be legal ?
1) http://www.uscis.gov/files/pressrele...te_07Jun29.pdf
2) http://www.uscis.gov/files/nativedoc...dule052907.pdf
What are your comments guys ?
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diptam
06-23 10:51 AM
I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
more...
pd_recapturing
04-30 03:27 PM
I doubt that it has BEC cases (may be some not All) .. Mine was a BEC case that got approved but I do not see in the data posted on this website.
gondalguru
08-26 04:50 PM
Got EAD renewal card production order email today for me and my wife.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
more...
bharol
08-21 03:23 PM
Last night got a message welcome notice sent.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
How long did it take for you to get the physical cards after 'card production..' mail?
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
How long did it take for you to get the physical cards after 'card production..' mail?
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jk333
07-07 11:08 AM
Am in the bay area..
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
more...
drona
07-03 02:41 PM
Should we start a poll to see how many we have? I am in.
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Greatdesi
08-31 11:13 AM
There was and continues to be lot of discussion around multiple 485s. When USCIS is adjudicating a 485, they look at other pending 485s and cancel them. I had two 485s - 1 on EB3 and the other EB2. EB2 became current recently. They approved the EB2 one and rejected the EB3. So you can have multiple 485s.
more...
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minimalist
07-27 12:16 AM
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
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Aah_GC
05-19 09:42 PM
Same boat guys. July 07 filer and have not received my FP yet. My lawyer thinks it should not be a problem at all, and I read of a case here who got his GC without ever fingerprinting.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
more...
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delhiguy
07-08 05:54 PM
No onde denies that we cannot vote. But we have the basic rights, like being treated "equally and fairly". For example, if some employer violates labor law and did not pay you for your work, I am sure you can sue, even though you are not a citizen. There are some basic rights that everyone has, esp. if you hold good fainth and are damaged. Statement that you do not have any rights as you are not a citizen is just wrong. I am wondering how this will impact people's (esp. people from other countries) perception about this. :confused:
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
Sir,
What i said are my views after reading through the internet, I may be wrong.
We would now have to wait for the lawsuite judgement , to know where we stand.
I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..
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gc4me
04-22 03:53 PM
Miss obviously,
either you have a chicken heart or you are a silent partner of a blood s#$king deshi consulting.
kg318, this is your money and you earned it. Don't give these suckers any option to suck your earned money. Charging for GC process in any stage is totally illegal no matter which state you are from. It is DOL and USCIS policy not of a state.
I see some people trying to talk here in favour of employers straight or some times using curves. Remember kg318, there are members here who have consulting company ties and who here talks for them as well. Be judgmental.
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
either you have a chicken heart or you are a silent partner of a blood s#$king deshi consulting.
kg318, this is your money and you earned it. Don't give these suckers any option to suck your earned money. Charging for GC process in any stage is totally illegal no matter which state you are from. It is DOL and USCIS policy not of a state.
I see some people trying to talk here in favour of employers straight or some times using curves. Remember kg318, there are members here who have consulting company ties and who here talks for them as well. Be judgmental.
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
more...
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reddymjm
06-12 07:18 PM
I got my receipts by mail on monday and checks cashed last friday. But my wifes did not clear yet. any one in similar situation please post.
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jayleno
08-18 01:54 PM
Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
more...
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a_yaja
06-26 04:12 PM
I have to get the EMP LETTER latest by Friday June 29th from employer.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
It all depends on how you want to lose the money.
(a) Pay the employer for breaking the agreement
(b) Do nothing and let employer send your case to collection agency. Ignore the collection agency and get black mark on your credit history (and lose money on higher mortgage/ auto loan rates, credit card interest, credit denial due to derogatory comments on credit report)
(c) Do nothing and let employer take you to court. Then fight the case and
(i) pay lawyer if you win
(ii) pay lawyer and the employer if you lose
At the end of the day, ask yourself how much it is worth to get a GC. If you think going through all this is not worth it, tell you employer to go take a walk and quit. You can start all over again with someone new.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
It all depends on how you want to lose the money.
(a) Pay the employer for breaking the agreement
(b) Do nothing and let employer send your case to collection agency. Ignore the collection agency and get black mark on your credit history (and lose money on higher mortgage/ auto loan rates, credit card interest, credit denial due to derogatory comments on credit report)
(c) Do nothing and let employer take you to court. Then fight the case and
(i) pay lawyer if you win
(ii) pay lawyer and the employer if you lose
At the end of the day, ask yourself how much it is worth to get a GC. If you think going through all this is not worth it, tell you employer to go take a walk and quit. You can start all over again with someone new.
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sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
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arumalla
07-08 04:45 PM
can some one send me the updated notice page link, so I can post some threads and start linking to that page in all the tech and news forums I know of... so that we can get more awareness of this issue....
Thanks
Chandra Arumalla
Thanks
Chandra Arumalla
kysrek
06-14 03:40 PM
It was applied to Nebraska. But I guess it was forwarded.
Beemar
09-04 11:10 PM
Got the magic email!! Yoo Hoo!!
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