Monday, June 27, 2011

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  • gc_vbin
    02-21 01:13 PM
    Donated $50 via paypal
    Your transaction ID for this payment is: 0AD43776BW681541E.

    Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)




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  • gcspace
    10-08 10:38 AM
    I am still waiting?

    Did you contact USCIS regarding your case ? Any response or the regular
    'wait for 30/45 more days' answer ?




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  • Hopeful567
    02-14 01:56 PM
    Contributed $ 50 for Advocacy Day in DC. Will contribute another 100 $ in March


    Transaction Details


    --------------------------------------------------------------------------------



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  • USofA
    09-01 03:10 PM
    Two SLUDs on just primary applicant 485...Gurus can guess what can be expected?

    8/10 - Opened SR and no response to that yet

    8/31 - This morning (9/1) saw a SLUD dated 8/31 which wasn't there until 10EST yesterday.

    9/1 - Again another SLUD dated 9/1 this afternoon.



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  • desi3933
    06-22 07:53 PM
    Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.

    BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.

    My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.

    Good luck.

    The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.

    Just trying to bring the other side of the coin.

    These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.

    I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.

    Good Luck to everyone and keep your hopes high.

    This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002




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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).



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  • sathishav
    02-14 02:03 PM
    Contributed $50. Will contribute more Apr.

    (Unique Transaction ID #7VF446858B266490E)




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  • immihelp2
    12-16 01:55 PM
    Thank you all for your wonderful responses, I am overwhelmed by the feedback. Some of you have posted such detailed things and personal information, for which I am very grateful. I intend to print out the thread and keep it on my desk for instant inspiration :)

    Matthew Oh has summarised the predicament of folks in a situation such as mine:

    12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications

    Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.



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  • sertasheep
    05-05 06:35 AM
    Most of us can relate to the discomfiture and concerns that our members have. Hang in there, I often listen to either Natasha Bedingfield's "Unwritten" to find inspiration (or Shahrukh's Kal Ho Na Ho title song). Find inspiration in something, direct your energies towards something positive, and your quality of life will get enhanced even amidst duress. Write about your experiences, share your grief, and make your voice heard via the various media efforts at IV.




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  • eb3_nepa
    08-18 02:38 PM
    Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....

    Ok people, the *F* bomb is being thrown about a LITTLE too much here.



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  • chapper
    08-13 05:20 PM
    Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
    I got my I485 receipt notice today. Our applications are delivered on July 2nd.

    Receipt Date: 07/02/07
    Notice Date: 08/06/07




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  • forgerator
    09-10 01:48 AM
    THIS IS AN EYE OPENER......





    Joe Legal vs. Jose Illegal



    Also to add insult to injury, Mr.Illegal will remit a significant chunk of his money back to his home country thus avoiding his contribution to the US economy. This is what is known as a true leech.



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  • simple1
    05-02 01:07 AM
    Thanks a lot lost_in_migration for providing supporting docs.

    I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
    203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP




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  • raj2007
    04-23 02:46 PM
    hi all,

    Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........

    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer’s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are “reasonable” in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not “reasonable”?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).



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  • srinivas_o
    02-09 05:25 PM
    Paid $50 through Bank Of America bill pay.

    Confirmation number: 8MT87-N97Y8




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  • lost_in_migration
    05-01 05:31 PM
    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
    203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP



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  • desi3933
    07-28 04:23 PM
    well said.

    Actions speak louder than words. How many % people visit this forum after getting GC!

    ____________________
    Not a legal advice.



    ........
    self interest is the ONLY binding factor amongst 'highly skilled' workers

    ....

    .....

    Peace!




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  • h1bmajdoor
    09-30 01:00 PM
    Hi,

    Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.

    Thanks in advance

    best talk to a lawyer. It is worth the money in this case. These are arcane areas of the law, and once you make a mistake, you will be harassed all your life here.




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  • dtekkedil
    07-03 03:42 PM
    We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.

    Would be great.. but it will work only if enough people send those flowers! I suggest emailing your friends.. anyone who would listen! Persuade them to send those flowers!




    whyregisteration
    08-28 11:38 PM
    NSC has finished 7/24/2007 i-485 employment based:
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf

    my 485/ead/ap package in 07/03 arrived NSC.

    no receipt and not cashed:mad::mad:!

    (140 was approved at TSC last year).




    bluesky1
    10-08 01:20 PM
    Getting really worried now! What happened to our packages? I asked my lawyer and he said all the applications filed together with mine have received receipts except mine? Is that normal? Did you guys ask your lawyer? Did the applications filed together with yours all get receipts?



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