Sachin_Stock
09-24 05:43 PM
Atleast we agree on one point that the law is absurd.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
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snelakan
06-13 11:04 AM
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
diptam
06-26 03:58 PM
After 6-7 months tell the employer that i'm going India for ever due to personal reasons - you know its not feasible for me to pay.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
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GreeNever
05-03 10:48 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
more...
krish.d.rao
12-18 06:01 PM
I too have been in this country since 1998 and have a priority date of 2004 EB-2.
The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.
The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.
Kushal
04-22 06:20 PM
Hi Admin,
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
please create a thread for donation and let us know...
Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.
How many of you ready to donate if we raise fund to help Mehul's family?
please create a thread for donation and let us know...
more...
anzerraja
07-20 10:57 AM
Yes, looks like they don't want to do it sticky. What a bunch of modest people. Glad to have such a leadership.
Let us all do our part to keep this thread on the top always.
I dont think the admin will make this sticky or put permanently on the home page.
All, who ever is online at any time please bump this up frequently if it is not in the top 5 on home page.
^^^^^^^
Let us all do our part to keep this thread on the top always.
I dont think the admin will make this sticky or put permanently on the home page.
All, who ever is online at any time please bump this up frequently if it is not in the top 5 on home page.
^^^^^^^
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bvibhu
07-19 09:43 PM
Count me in...
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sanjeev_2004
10-09 12:35 PM
I understand that you want to use experience before PD. However, there is no much gain and makes it more complex.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
I gave more points to PD month than experience month.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company’s LC in group because my company didn’t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let’s keep only PD as only preference.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
I gave more points to PD month than experience month.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company’s LC in group because my company didn’t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let’s keep only PD as only preference.
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h1techSlave
03-08 08:06 PM
I agree with gc28262's comments.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
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narendery
08-18 01:45 PM
I have a question from members who are getting ADIT Processing message. When did you file your I-485's? I am trying to figure out if USCIS is approving cases for those who filed recently w/o waiting for the ADIT or is it that the case was filed long time back and the previous ADIT has expired.
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
Thanks!
I applied for labor in July 2004 and field for I485 July 07 - I took my finger print in sep 07
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feedfront
09-15 04:55 PM
I am all in for donation.
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SunnySurya
08-18 02:45 PM
You got that right!, so you are going to help out here or what?
He is looking for people with good english skills to write letters on his behalf :) He is admitting that, so no issues there!
He is looking for people with good english skills to write letters on his behalf :) He is admitting that, so no issues there!
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reddymjm
06-13 05:30 AM
As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
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vbkris77
05-01 01:51 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS a(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
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akambh01
12-03 05:11 PM
I am sorry to hear your situation.You will Survive Mehul. dont loose the hope. I strongly believe this time for some reason my sixth sense is telling me that you will survive...please dont loose the hope please
Thanks
Ajay
Thanks
Ajay
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kg318
04-22 05:37 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
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!!!!!!
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!!!!!!
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RanchCharm
05-23 10:38 AM
Just sent email or submitted web forms. Now the question Will somebody from Senator's office contact us. If they do so then what should we do? I am 99% sure no one will contact but just in case.
Thanks,
Good Work IV.
Ranch
Thanks,
Good Work IV.
Ranch
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va_dude
06-26 09:43 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
Springflower
08-30 04:37 PM
Mine & my wife's I-485/EAD/AP applications reached NSC on July 6th.
Waiting for receipt notices and checks to be cashed.
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: ?
Receipts received: ?
--------------------------------------------------------------
Waiting for receipt notices and checks to be cashed.
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: ?
Receipts received: ?
--------------------------------------------------------------
anilsal
10-24 11:53 PM
When you go for visa revalidation at US consulates outside and by bad luck, you have a hit on your name, there will be a security clearance issued on you. From what I am hearing now, it is taking upto 8 months. Will you retain your job?
I am guessing that the dems will relax this a bit or atleast listen to the problems faced by visa aspirants, if someone approaches them in the future. For them, the world does not only revolve around terror. There is life outside it!
Also, the constant feed from media about terror is sickening me. Can I have peace of mind when I travel or watch tv?
Irrespective of who wins the elections, we have our work defined. Pass SKIL bill, provide retrogression relief etc.
I am guessing that the dems will relax this a bit or atleast listen to the problems faced by visa aspirants, if someone approaches them in the future. For them, the world does not only revolve around terror. There is life outside it!
Also, the constant feed from media about terror is sickening me. Can I have peace of mind when I travel or watch tv?
Irrespective of who wins the elections, we have our work defined. Pass SKIL bill, provide retrogression relief etc.
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