Wednesday, June 29, 2011

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  • sanhari
    07-16 05:09 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.




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  • alterego
    11-21 05:28 PM
    Mehul,

    Accept my heartfelt sorry for your terrible diagnosis and please see that from the prayers and support of everyone here that yours is an unjust situation. Yet some of us bear this unjust burden.
    If there ever was a humanitarian reason to remove a waiting time for your family, it would be this, and I hope while you have a chance to see this is done. We take so much for granted in this life and get worked up over issues that in situations like this seem trivial.
    That said, I feel that you have done your part to earn the privilege of your family living in this great nation, I can't help but feel that in a compassionate and just nation such as the USA, your case should get a waiver of the normal waiting times. As you can see from this thread, virtually 100% of us would be happy to let you cut in line in front of us. I would think most Americans are likewise.
    You should definitely seek the assistance of a Lawyer to present your case to the USCIS. I think there are some provisions in place for situations such as yours to expedite such applications. A good lawyer will be able to guide you.




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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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  • delhikadesi
    11-22 02:00 AM
    I hope and pray for you, and your family.
    Wish I could do something more then praying and writing this post.

    This community is of strong people, incuding you, I hope our prayers should work.

    good luck....



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  • mike_2000_la
    06-08 12:29 AM
    I think the real rush would be this week....




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  • GCStatus
    09-16 06:07 PM
    Nothing really matters as of now, what does matter is this

    http://immigrationvoice.org/forum/showthread.php?t=21393

    So Please Call

    Tell us to call, DONT TELL its doesnt matter



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  • summerof98
    06-07 08:26 AM
    The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.


    reddymjm,
    I thought that we have to send our I-485 applications to NSC regardless of which state you are from.

    Is that not true? How come your friend sent it to TSC?

    Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?

    Thanks.




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  • cjagtap
    07-07 02:31 PM
    Great Job you guys! After all the Congressperson Zoe Lofgren is the Chairperson on the House Judiciary Subcommittee for Immigration, also happens to be from San Jose / Silicon Valley.



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  • h1techSlave
    02-02 04:45 PM
    Blacks, Latinos and even us Indians have reservation in the US. We get reservations right from Kinder garden, thru college and job opportunities. Many Federal govt. contracts are reserved for minorities and women.

    [QUOTE=PavanV;2310274]

    Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)




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  • desi3933
    09-03 01:52 PM
    I did try to talk to customer care but it was of no help.
    They tell me to wait for 30 days and sometime 60-90days.
    They say you will become actual permanent resident when you get the card The card is important.
    You now USCIS don�t know when they will change their minds.

    To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,

    let�s wait and see


    approved on 8-12-08
    NoWelcome notice Or Card

    >> They say you will become actual permanent resident when you get the card
    Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.

    **** Not a legal advise. *****

    _____________________________________
    Proud Indian-American and Legal Immigrant



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  • hebbar77
    05-08 02:43 PM
    Please contribute...

    If I contribute will IV make EB2 unavailable?




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  • apahilaj
    11-06 01:57 PM
    was your case transferd from NSC -> TSC ???

    Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.

    Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...



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  • Prashant
    08-27 02:13 PM
    Application Sent to TSC
    Mail Sent: July 2, 2007, as per Fedex received by USCIS Dallas: July 03, 2007

    Checks Cashed on Friday Aug 24, 2007. Bank updated it today.

    It aiint gonna be long for you folks aswell.


    Cross post -- Posted under July 2nd Receipt thread .. Sorry!!




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


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

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

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

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

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

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

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

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

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



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  • transpass
    09-28 01:17 PM
    I am not sure why USCIS is publishing the updates every week saying that there is progress in receipting dates.
    There are so many of us just in the July 3rd to July 16th range.

    I don't get it. :confused:

    Ya...so many of who filed on july 2 got screwed because of internal transfer...I am totally confused...




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  • BayBoy
    11-22 06:05 AM
    Hi Mehul

    Heart breaking,Miracle will happen any time.My personal advice-Please get second opinion from Adyar Chennai cancer Institute.

    http://www.cancerinstitutewia.org

    Gandhi Nagar,East Canal Bank Road
    Adyar, Chennai, 600020
    +91 44 22350131
    +91 44 24911526
    +91 44 42054405
    +91 44 22350241

    Fax : 91-44-24912085

    Gob Bless you.

    Rajagopalan



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  • mrdelhiite
    09-28 08:43 AM
    FYI sent wife's application on August 11th .. reached NSC on 14th .. checks got chshed yesterday. Online status says application was picked on Sep 25th.

    My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.


    -M




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  • beautifulMind
    10-08 04:33 PM
    It already does, if you have an approved I-140 based on your LC.

    Not really..before PERM LC tooks 4-5 years and a lot of people got laid off at the end of 4th 5th year and lost everything...Years of exp is best. based on Intial LC is good too....Ultimately anyone with a masters + 2-3 yrs exp or bachelors with 4-5 yrs exp should not have to wait in queue. Their priority dates should be current...I still support the whole Company GC and not just a points based system




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  • maag
    06-07 01:57 PM
    It is easier said than done. When you are entering you are at the discretion of IO and you do not know all the laws. In this particular case, the people tried to convince IO that they were planning to let canada PR go once they receive US GC but the IO was determined to revoke their AOS. So there is nothing really you can do at that point in time.

    I agree, I can't put everything on stake to get canadian PR which I am not sure if I will use later or not.




    StarSun
    02-01 02:08 PM
    Thank you vbhup2, mk26 for your donations.

    Total Contribution: $200
    Amount to be raised: 50,000 - 200 = $49,800




    GCVictim
    08-14 09:18 AM
    Yesterday, My lawyer sent me receipts for my EAD, AP and my wife AP.
    Now I am waiting for my 485 receipt and my wife 485,EAD receipts. How it is possible without 485 receipts, I got EAD and AP receipts.

    Any idea?



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