Saturday, July 2, 2011

2011 Calendar A4

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  • saimrathi
    07-02 09:53 AM
    What address did you use to send the I-485 using FedEx or UPS?
    I sent it to the PO Box address:
    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???

    TIA

    Do you guys think the packages were delivered at a Post office or a Box center in Lincoln, NE and the signers aren't actually ppl working for USCIS? Is there a chance that once accepted boxes can be refused later on?




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  • mayitbesoon
    09-08 11:12 AM
    TSC EAD Paper filing for me and spouse.

    RD 8/12
    ND 8/13 No LUDs
    AD 8/28




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  • gc28262
    06-28 09:33 AM
    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.



    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin


    desi3933,

    Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.

    No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

    BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

    My turn to ask you a proof.
    Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?




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  • prakgc
    12-31 12:10 PM
    Because from my experinece you can't even talk to an IO in TSC.. You can only talk to a customer rep if your case is in TSC..

    Unless ofcourse your meant IO was the same as a "customer rep" from National customer service.




    IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
    But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?



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  • amitjoey
    05-23 11:55 AM
    Guys,
    E-mails are good, but if you can fax them too:

    Fax numbers to key senators in DC offices:

    Clinton: 202-228-2082
    Schumer: 202-228-3027
    Lott: 202-224-2262
    Reid: 202-224-7327
    Cornyn: 202-228-2856
    Hagel: 202-224-5213
    Martinez: 202-228-5171
    McConnell: 202-224-2499
    Kennedy: 202-224-2417

    This is awesome, glus. Thanks again for putting these fax numbers together.




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  • desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • desi3933
    06-26 04:02 PM
    " Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ

    I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.

    But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year

    I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.

    All depends on the wordings of the contract.

    Please consult a good lawyer BEFORE signing any contract.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • ibb
    10-09 11:21 AM
    how about based on salary?

    everybody maximize their own utility.



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  • grupak
    12-16 10:47 AM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?

    The situation is depressing but I don't intent to accept it laying back. I want to fight it. Years from now looking back I will be happy that I did what I could to fight it.

    IV gives me the framework to fight effectively.




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  • amitjoey
    11-17 05:33 PM
    Posted on the Northern California chapter.

    Chapter leaders- Please post on your chapter groups.

    If you know your state chapter leaders, please ask them to post on the yahoo groups.



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  • LCtank
    06-28 04:25 PM
    I used to frequently get newsletter from Dr. Woo of 80-20 initiative, please check it out to see if they would help IV. Thanks.

    Hello arnet,

    That is an excellent idea. We are already working closely with USINPAC. Here is some of info about this.

    http://immigrationvoice.org/forum/showthread.php?t=576

    USINPAC has been very helpful and has played a key role in guiding and helping us. We should all be Thankful to USINPAC for significant help that they have provided us.

    AAPI is another group that has been instrumental in getting our provisions in the bill.

    We have received positive results from many other groups. But no other group has been able to help us as USINPAC and AAPI.

    If anybody has any such suggestion or could provide a lead to any other organization or personality, please let us know. This would help us all.

    WaldenPond




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  • mariner5555
    04-30 02:37 PM
    but these numbers you quote are certifications not applications right? many applications during these years may be in BECs? and does this include both EB3, EB2 and other categories ??



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  • mirage
    03-07 12:02 PM
    I never said I'm doing any community service, I care for my green card, and I am not getting it because of the country cap. That is why country ca is my problem. But if I am able to convince a lawmaker and get something in place, while I get my Green card, thousands others will get it who are in line before me, and obviously people who are after me will move forward in line. May be with your kind of brains and temperament it is hard for you to understand, but it is simple for 60 plus people who are in our Yahoo group...

    Look man, I don't know who you are and what's your story. But I do know this. Giving a false impression to others and misleading others on this forum and on any other forum is not going to help. You seem to project that only you care for the issue of country-limits. I think the better description is, you only care for the removal of country limits till the day you get your green card. You do NOT want to remove country limits on EB beyond the date you receive the approval of your application. Giving a false impression to a few on this forum that temporarily removal of country limits will be easier than permanent removal of country limits is just WRONG.

    After IV admin posted for the media interview few days back, I sent them an email expressing my willingness to speak with the press. I spoke with Vivek Wadhwa at length last week about this issue. Vivek Wadhwa article in Washington Post covers the issue of country limits where as his previous articles have not covered this issue.

    http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html

    "Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered".

    I also called a member of IV core yesterday evening and they told me that they have told you not to do whatever that you are doing. I was told that you are hurting their effort and you have been told this pretty clearly. But you continue with this senseless and direction less ranting and you continue to cause damage to the effort for the removal of country-limits.

    Its disgusting that rather than working with others to fix this complicated and difficult issue, you continue to beat your own drum, without actually doing anything, but at the same time hurting the issue you claim you care for. And on top of that you want to remove the country limits only until you get your green card. Is that rationale to you in any which way?????? No. Is your action selfish????? YES.


    .




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  • WaldenPond
    06-28 04:37 PM
    Hello LCtank,

    Thanks for the excellent suggestion. Do you know Dr. Woo or do you know someone who would know Dr. Woo? That would help a lot. Will initiate the contact with 80-20 initiative right away.

    If anybody has more of such suggestions/leads please send them across and help this effort.

    Thanks again,
    WaldenPond



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  • bp333
    11-19 12:53 PM
    Done




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  • looivy
    07-21 02:16 PM
    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....

    Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
    Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
    Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.

    It would be better if we have a tracker database on IV website o/w this thread will grow madly.



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  • msp1976
    03-09 01:54 PM
    After two years in the US, I told my employer that I want to file for GC...
    Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
    July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......




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  • naveenarjun
    08-24 11:07 PM
    Filed Aug 15 at NSC. I 1-40 approved at TSC..

    LUD Aug 5th




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  • tikka
    05-27 07:24 PM
    Done.

    thank you.
    please do also send the web fax. Now we can send it to all the states.!!




    bskrishna
    09-15 12:08 PM
    I have sent my contacts ..




    subdhar
    08-20 02:54 PM
    Which service center??? NSC or TSC ?



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