Saturday, July 2, 2011

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  • anzerraja
    07-20 12:31 AM
    mani_r1

    Thanks Very much !!!

    Count me in for $100.




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  • aquarianf
    04-25 10:27 AM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.




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  • ski_dude12
    08-26 02:51 PM
    You will see a date on I-485 only if you filed I-140 & I-485 concurrently. Even my I-485 does not have any priority date.

    Do you have Pritority Date written on your I-485's notice of action? It's blank for me.




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  • gc28262
    06-29 09:07 AM
    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.

    Here is the contact info for registering a complaint.

    Office of Special Counsel for Immigration Related Unfair Employment Practices (http://www.usdoj.gov/crt/osc/htm/contactus.htm)

    Office of Special Counsel Contact List
    Through a language interpreter service, we are equipped to assist callers in all languages.
    Mailing Address:
    U.S. Department of Justice
    Civil Rights Division
    Office of Special Counsel for Immigration-Related
    Unfair Employment Practices
    950 Pennsylvania Avenue, N.W.
    Washington, D.C. 20530
    Main Number: (202) 616-5594
    Fax Number: (202) 616-5509
    Toll Free Information Number and Worker Hotline: 1-800-255-7688
    (202) 616-5525 or 1-800-237-2515 (TDD for hearing impaired)
    Employer Hotline: 1-800-255-8155
    1-800-237-2515 (TDD for hearing impaired)
    E-mail Address: osccrt@usdoj.gov. We will make every effort to respond to emails that relate to the work of this office within 30 days. However, for immediate assistance, please call our employer hotline (1-800-255-8155) or worker hotline (1-800-255-7688).
    Web Address: Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) -- Home Page (http://www.usdoj.gov/crt/osc)
    Special Counsel
    Vacant
    Deputy Special Counsel
    Katherine A. Baldwin
    Special Policy Counsel
    Margaret Hu
    Special Litigation Counsel
    Robin M. Stutman



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  • reddymjm
    06-15 10:27 AM
    Receipts only recieved by lawyer? Will benefeciary get any updates?
    My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.




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  • nashim
    06-02 08:44 AM
    Please share your experience, if any one come across this situation



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  • franklin
    07-10 11:12 AM
    Check the USCIS Home page-

    http://www.uscis.gov

    Yes, you will notice that this has been posted in multiple threads yesterday as well as this website's home page




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  • simple1
    05-04 11:39 PM
    Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.

    Our focus of discussion is ebquota, how much and who is eligible. That is clearly documented in INA.

    INA also clearly describes family based.



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  • rajeshalex
    08-04 02:07 PM
    congrats in advance. U are going to get gc soon.




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  • Macaca
    03-09 08:05 PM
    Go Outback tonight.

    Don't forget Cheese Fries and a drink that rocks your boat!:cool:



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  • simple1
    05-01 05:04 PM
    I am unable to edit the poll. Can Admin edit the poll and prefix the question with word financial.

    btw, I used word support in the poll to refer "financial support" to IV regarding this clarification issue..

    Can you add another question in the poll?

    Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)




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  • sanjeev
    06-18 10:49 AM
    Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?

    Lawyer had given me a tracking number.



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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.




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  • getgc2008
    07-09 02:41 PM
    I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.

    Would I get an RFE if I work on contract on W2?



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  • dicarol18
    08-13 03:25 PM
    I-140 approved from Texas.

    That's great, I guess Texas is moving now..:)




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  • snathan
    02-14 01:32 PM
    Terrorists are banned from visiting USA.
    Narenda Modi has been banned from visiting USA.

    You do the reasoning :D

    Daood Sayed Gilani aka David Headley and Faisal Shahzad were given USC...now you decide yourself.



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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • grimreaper
    11-18 11:55 AM
    Dear XXX
    Thank you for contacting me with your position regarding immigration. It is good to learn the views of my friends and neighbors in northern California, and I appreciate having your input.

    Current estimates suggest that there may be as many as twelve million undocumented immigrants in our country. A balanced approach to immigration reform is needed to contain and reverse this trend. Any solution must protect the United States economy, meet our homeland security needs, and reduce the backlog and wait times associated with legitimate applications for legal entry.

    Our economy relies upon hard working people to perform every type of work, from back-breaking farm labor to high tech jobs, and America has always welcomed workers, foreign and domestic, who endeavor to advance the U.S. economy. It is simply not realistic to expect our economy to continue prospering without providing some mechanism for legal temporary workers to continue their efforts.

    That is why I am a cosponsor of the AgJOBS bill. Our national economic survival relies on retaining the agricultural labor force while bringing workers out from the shadows, a goal the AgJOBS bill helps meet. However, I also believe we should significantly enhance the American labor market by placing a priority on educating U.S. students and training American workers instead of fostering a reliance on foreign workers. Businesses seeking to hire a temporary professional worker should pledge that they have made a good-faith effort to hire U.S. workers first and that the temporary professional worker will not displace a U.S. worker. I believe that these provisions can be met without stifling business and economic growth.

    In addition, true border security can come only from the increased use of manpower and effective technology together with an efficient and judicious legal immigration application process. The indefinite state of limbo in which many applicants for legal American immigration status find themselves is a part of the problem that we can control. By allocating more resources to efficiently process applications, we can significantly cut wait times for applicants and reduce the influx of undocumented immigrants. As Congress considers future immigration legislation, I will factor your recommendations into my decision making.

    Thank you again for sharing your views. I am proud to serve California's Eleventh District, and I am committed to working hard for you. If you would like more information about the issues I am working on in Congress, I encourage you to visit my website at Congressman Jerry McNerney (http://www.mcnerney.house.gov).
    Sincerely,

    Jerry McNerney
    Member of Congress




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  • EndlessWait
    10-08 01:57 PM
    i was not able to attend the IV rally..emergency reasons..but still its fair for me to suffer..

    its highly unlikely we can see a reform. I agree with logiclife's post..we deserve what we are getting into..

    of the 800K applications u saw applying for AOS..even if 10K had come to DC rally it'd made a huge diff..

    we all do line up for GCs like herds but dont have the guts to attend..

    i know of so many ppl who say "all this rally is ridiculous".. and i dont pity them those who wait for 10 years..becoz u deserve to suffer and will continually suffer..

    The rallies are important..




    apb
    09-15 04:45 PM
    We paid money and asking for proper transparent service. There are so many inconsistencies about the way USCIS/DOS operate and utter lack of transparency in case handling. Added to this the process is complicated forcing us to spend $$ with lawyers. If I am paying money I need to know how USCIS is going to give me the service. And once known, USCIS should make it transparent so I know that they are sticking with it. THere was an excellent compilation that I saw few days back about the inefficiencies in USCIS.
    We cannot accept that they have 1million application and so they are faltering. If they cannot handle that many why take $$ from us. They could had streamlined resources/applications, etc.. but why is it my problem. I have been lawful and following all the rules. Now when will it ever be USCIS/DOS turn? Investing 10 + years in US and going back is not acceptable...




    Roger Binny
    05-09 09:15 PM
    Yup, kshitijnt you are right on target, we need to do some thing constructive and let our voices heard.

    BECSufferer made it right heading...channel your anger.

    My intention was more to think in right way and discourage potential -ve result bound strategies.

    During presidential campaign there were all over promises on clearing backlogs, we can go on that basis and make a point of that.

    One thing is clear if they like to stop outsourcing sure they have to encourage and stream line legal immigration they cannot stop or survive but cutting outsourcing as well leaving this legal immigration in limbo.

    Besides what we can do at this juncture, keep our voices heard by contacting, writing letters.

    1. In a world leading country processing a decade back applications is not an encouraging trend to legal immigration, this may send a wrong signal to legal immigration over illegal immigration.

    2. Can highlight ecomonic point based on these math...
    Ex: 500,000 EB backlog persons contribution to the country, social taxes = xxx, medicare = xxx, travel=xxx, housing =xxx.

    Will add more.....



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