Tuesday, June 28, 2011

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  • bombay
    02-05 01:05 PM
    Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08

    Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.

    When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.

    Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?




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  • cr52401
    06-17 03:45 PM
    I got finger print notice on 6-16-07.
    I never got receipt notice and I could not read the number in back of my check image. My attorney even did not get any receipt notice either:confused:

    The finger print is scheduled for July 7th. I sent all app. to NCS on the June first and they transferred to TCS. PD of Sep 2003 and I-140 was approved 2005. I also apply for travel doc. and work permit but no receipt so far.:rolleyes:




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  • vin13
    07-16 06:25 PM
    If u want to be fair, fight to remove country quota and not fight among EB categories




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  • go2roomshare
    10-05 10:54 AM
    If the Democrats win, at least hope that CIR would pass, which alredy includes our visa numbers increase.

    If Republicans will, we are screwed none of immigration friendly bill will pass



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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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  • aquarianf
    12-17 10:08 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?

    We also came here in early 99. One of our friend came 98 and renewed ead 3 times. One of my husband's colleague is here since 95. My husband's coworker s from his first/second employers who came during same time are close to get citizenship. If my husband wouldn't have switched his jobs for his carrier advancements and salary then we also would have applied for citizenship by now. But we don't regret our decision at all. We feel sad sometimes but depressed by not getting GC by now, instead we spend that energy in advancement of our skills and carrier. We have many people among our friend circle who are waiting for GC for many years but we decided to enjoy our life as much as we can and not to bring any GC related depression in our life. If you have such friends among you then it becomes very easy to get out of this depression.



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  • sparky_jones
    08-29 08:42 AM
    485 Package received at NSC on July 23
    No receipts, no checks cashed
    I-140 approved TSC June 2007
    I-140 LUD 8/12/2007
    EB3 - India
    PD - 8/2003




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  • GreenCard4US
    11-17 03:35 PM
    Done. Thanks for the effort.



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  • titu1972
    07-05 09:19 AM
    Mine reached at July 02 10:25am at Lincon,NE. Received by J.Barrret. Ship date June 29.




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  • Macaca
    07-06 08:59 PM
    Sure, I will join the tomorrows march organized by fightnow.

    I am impressed with the Chinese!

    Ask the Chinese (and everyone else) to stay tuned (and join) your meet whenever it takes place!

    BTW, thanks for getting rid of msyedy! What a relief without the spectre of msyedy!



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  • vkjanam
    02-11 04:20 PM
    Here is my txn id.

    6AC8222127337981C

    thanks




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  • vinabath
    03-25 04:35 PM
    Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.

    It is true. I will take a bet. If your PD does not go to March 2005 by Sep 2009, I will give you $100. It it goes give me $100:D



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  • paskal
    07-08 10:32 PM
    They actually accepted my application on July 1st. I do not know the fate of the application.

    Label/Receipt Number: XXXXXXXXX
    Status: Delivered

    Your item was delivered at 10:10 PM on July 1, 2007 in LINCOLN, NE 68501.


    how in the world did you get a sunday night delivery?
    you have a great case...numbers were available on July 1.
    the retrospectively shut down all of July.




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  • raju123
    07-06 09:42 AM
    In a mean time we should inform media for the flower delivery in a Mahatma Gandhi suggested way to protest injustice.

    Some one with a good English please draft a letter and we all will send it to all media.

    Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.

    Just idea.



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  • sujith1
    08-03 12:01 PM
    Got 2 year EAD approved on 7/31/08

    RD - July 11

    Still waiting for spouse - not updates there

    no updates on AP for both of us




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  • EB3_SEP04
    08-20 02:56 PM
    All,

    Sorry if I am posting on wrong thread. I am in the process of sending my documents for EAD renewal and had few questions

    Do we need to include a cover letter ?

    Also I am sending the following documents.

    1) copy I-485 receipt notice
    2) copy of EAD (front and back)
    3) two color photos
    4) Filing fee check $340
    5) Mailer stub received from previous EAD.

    Am I missing anything else?

    A cover letter even though not required, is always a good idea. Do mention in bold that you want the new EAD to start from mm/dd/yy which is when your current one expires, otherwise it could start from the approval date and you could lose 2-3 months. I'd keep the cover letter short, just 2-3 lines plus doc list.
    Good luck.



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  • sanhari
    08-13 10:44 AM
    I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
    The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.

    You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.




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  • lutherpraveen
    10-16 09:25 AM
    Earlier only two of my I-485 checks were cashed, now all my checks (EAD, FP, AP, I-485) for my dependants and me got cashed.
    Will keep you guys updated on the progress.

    Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?

    I am planning to travel in November hence worried. If you know approx FP dates please let me know.




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  • acecupid
    07-03 01:26 PM
    This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)




    eb3_nepa
    08-18 01:30 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    Sunny Surya,

    With all due respect let me make a couple of observations here.

    1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.

    2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?

    3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?

    If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?

    One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.

    Thanks!




    trueguy
    09-19 07:31 PM
    By August 2009 buletin, EB3-I will settle between 2005 Jan-May.

    on what basis are you saying that?



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