Saturday, June 25, 2011

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  • yawl
    06-14 04:46 PM
    it looks real this time...

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  • pd_recapturing
    10-19 11:17 AM
    when my lawyer applied my 2nd I-140, he clearly asked PD to be ported so I got the PD ported but since, I already applied I-485 a few days ago, so I could not include my new I-140 with that. Now, my attorney is going to request USCIS, to update my I-485 file with the new I-140.
    I am not sure if this case has anything to do with PD needs to be current.

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  • anilsal
    08-26 01:42 PM
    who responded on this thread for the following, which you can actively do it by directly PMing me.

    "Please provide me the name, email address and phone number to be added to the IL State Chapter"

    Also include where in the GC process you are currently in. Quite interested to know your PD.

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  • zCool
    04-10 08:26 AM
    There are 2 separate issues here..
    1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
    2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.

    I agree with other commentors here, you should move on. In your case, moving on would need,
    1. Make sure you got paid for actual time you were on the contract.
    2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
    3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,

    Basiically don't be scared, don't get mad, get even..

    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
    to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.



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  • psvk
    07-12 03:47 PM
    Employment- Based

    All Chargeability Areas Except Those Listed
    1st C C C C C C
    2nd C 01MAR06 C 01MAR06 C C
    3rd 01JUN04 22SEP03 01JUN04 01JAN02 U 01JUN04
    Other Workers 15MAY02 15MAY02 15MAY02 01JAN02 U 15MAY02
    4th C C C C C C
    Certain Religious Workers C C C C C C
    5th C C C C C C
    Targeted Employment Areas/ Regional Centers C C C C C C
    5th Pilot Programs C C C C C C

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  • PD_Dec2002
    03-20 11:28 AM
    Did I mention EB cap in my earlier post? I mentioned CAP which does not conclude that it is EB cap. I went through the bill too.

    A ha! Now I see where the misunderstanding lies. And I do apologize if you got offended.

    As I wrote earlier my "bummer" post was specifically in response to your and whitecollarslave's posts about Masters in STEM. whitecollarslave's replied ( to your post asking "H-1B cap or EB green card cap?" And so I replied expressing my disappointment with the bill that Masters in STEM were exempt only from the H-1B cap.

    You thought I was correcting you, but I really wasn't. It was my bad that I quoted your post in my response instead of quoting whitecollarslave's post. My apologies once again. Let's bury the hatchet.



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  • abandookwala63
    03-16 05:28 PM
    Very informative and close to our situation. Thank you for sharing.

    very informative articles. Mr. Ron keep it up.

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  • qplearn
    10-20 04:58 PM
    My colleague filed 140&485 in August. Her case was sent to TSC. So far her 131, 765, and 140 approved. Also, she has done her FP. What a different! I was wondering what's the purpose of "bi-specilization"??

    The name check takes 2 years anyway, making a mockery of fast processing times. Even VSC, which is the slowest, takes less than 2 yrs for 485.

    BTW, it is awfully quiet here nowadays.


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  • angelfire76
    12-03 03:47 PM
    Interpretation of a rule or law is not absolute but in context. Your lawyer seems to have forgotten that and is generalizing a ruling.

    What has the ruling said: There will be an audit for business necessity if the job requirements exceed the Zone requirements the job is in.
    IT occupations include various senior level positions too which require several years of work experience and advanced degree. As long as the sponsoring company is able to prove that they need a person having those qualifications/skills the labor is likely to be approved under EB2.

    Non-IT Masters degrees do not automatically come under EB2 either, as one of the members thinks it will. If that is truly the case, then the DOL might be soon looking at a lawsuit challenging the premise that non-IT occupations are somehow more demanding and require more preparation and experience, which warrants that it be placed in EB2.

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  • techbuyer77
    09-17 02:30 PM
    that the company did not hire any replacement for you?

    That company has not hire anyone, they have to let go some people. We all were waiting to see if bussiness got better. It did not.


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  • abhijitp
    07-06 12:54 AM
    This thread is getting lost.. Lets keep this thread on top.

    When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
    I agree. This is one of the easiest things we can do right now. Yes, I mentioned by name, address (along with apartment number), phone number. I did not mention my email address, as it is visible in the "from" field of the email.

    However, I was thinking about this approach later. I thought it would be MUCH more effective if we could get others to write to the media/ congressmen/ senators etc... including people who already have GCs and citizenships. The more people convey their resentment to this DOS/ USCIS decision, the more effective it is.

    Also, we should preferably also write letters... not just emails.

    Emails is a somewhat frowned upon medium, as it is easy to abuse. Also, it is easier to simply delete an email thinking of it as spam... that is, if the email is not already blocked/classified as "spam" by the recepient's email software. (e.g. My yahoo mailbox gets tens of spam emails everyday and they are moved automatically to the spam folder.) On the other hand, it is not equally easy to ignore 1000 "letters" on the subject (preferably signed personally, but even otherwise).

    But how can we get others to write letters for us?

    Obviously no one will do that... but what if, I "write up" an appeal into a word doc, and email it to my friends, relatives, and colleagues in the USA who are either in the same boat (but not part of IV), or already hold GCs, or are citizens. I would explain our situation very briefly in the email... maybe with 5 bullet points. I would request that if they think what happened is wrong, the they may please write their full name & address + phone num in the space provided in the word doc, and send the document back to me by email. I print these documents and package them up and "post" (snail mail) them to the congressmen/senators and the media.

    I am not suggesting I would stop writing "emails to media contacts" (or calling up/ meeting our senators). This will be in addition to that effort.

    Let me know if you guys think this approach is useful... and please... if you disagree... just take it easy... don't blast me for just sharing my thoughts.


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  • frostrated
    08-05 03:44 PM
    I spoke to our immigration lawyer today.
    He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
    He advised that I enter on h1 even if I have the AP.

    you can enter on H1. There is no issue with it.


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  • gc_eb2_waiter
    07-13 05:21 PM
    Jun 2007 was released after 5:30pm CST.

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  • alok
    04-08 07:46 PM
    IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin!

    American Association of Physicians of Indian Origin (AAPI) is a national organization. Founded in 1981 by a handful physicians, from its humble beginning now AAPI has emerged as premiere ethnic medical organization in the US. Today it represents more than 41,000 + physicians of Indian Origin in the US and 10,000 medical students, residents and fellows in training. Its mission is to provide forum to facilitate and enable Indian American Physicians, to excel in patient care, teaching and research and to pursue their aspirations in professional and community affairs. Its motto is Unity of Purpose, Collegiality in Action, Commitment to Excellence and compassion towards Fellow-beings. To bring to American medicine the distinctive contributions from India. Headquartered in Chicago it serves as an umbrella organization to 130 component associations.

    Its legislative office in Washington D.C. coordinates advocacy efforts and has been a strong voice in the healthcare policies and legislation. Through AAPI Charitable Foundation, AAPI members support and promote philanthropic activities in India and in the US. The distinguished faculty offers medical education programs throughout year.

    AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.

    Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.

    Our cause is strengthened by Dr Koli and AAPI & their blessings!


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  • gotgc?
    12-20 12:20 PM

    The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.

    So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.

    Thanks for your reply. The says that "The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals." It is talking about approved I-140s. Thats what my understanding too. But my lawyer says that they "The employer can file (or interfile) an I-140 even though the priority date is not current. The priority date retrogression comes into play only when filing or processing an I-485 Adjustment of Status application"

    I am not sure that "interfiling an I-140 even though the priority date is not current" is true or not? Any advice please???

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  • pappu
    10-05 10:48 AM
    I vaguely remember a discussion several months ago on the forum about people that have gone back to their home countries after having waited for their green cards.

    We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.

    Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.
    after doing a search on the forum I found someone posting here


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  • santb1975
    06-19 08:53 PM
    So. Cal Members - There is an update posted on our State Chapter's group. you should have an email in your Inbox if you had notifications tuned on. Please act NOW.

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  • bpadala
    06-07 09:56 AM
    I filed mine on May 12 and sent to Phoenix Lock box and had the same issue. My checks are not cashed and am going through the same pain as you do. My lawyer suggested its not unusual to have these delays and it could take upto 4 weeks for the receipt notice to come. I am still tensed as the checks are not cashed and there is no receipt for the renewal. Please let me know how you are proceeding or find any new info

    I will also share updates from my end

    Thanks alot

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  • ssdtm
    03-03 03:07 PM
    This is a good thread. Will help potential applicants to evaluate prospective lawyers.

    09-17 07:53 PM
    I got below response on 15th to my SR created on 9th Sept..

    The status of this service request is:

    USCIS is aware that according to the Department of State?s Visa
    Bulletin, there appear to be visas available however there has been an
    extremely large volume of case requiring visas. A visa may or may not
    be currently available for you, however if there is a visa available
    for your case, those cases are being assigned to officers and are
    being processed in date order. If you do not receive a decision or
    other notice of action from us within 30 days of the date of this
    letter you may place another inquiry after that period of time has

    If you have any further questions, please call the National Customer
    Service Center at 1-800-375-5283.

    :( All this time I wasnt worried too much about my GC... but now when both my priority and processing dates are current, I am getting very anxious... Its so frustrating not to see any email from CRIS for the whole day, not to see any LUD, not to get anything from CSR.... :( Why, GOD why? :( :( :(

    03-12 11:33 AM
    You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.

    Hope this helps.

    The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.


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