VivekAhuja
09-15 02:15 PM
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
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cjain
11-01 02:33 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
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
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
2011 Rooney Mara, 25. Actress, #39;The
gene77
03-25 10:01 PM
I am curious to know what's stopping the EB3s to port their dates to the EB2 category. I've been seriously considering this lately.
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
more...
gc28262
06-28 01:00 PM
http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/a/8/a8a435681018b21ccbfd25684294cc54@endecaindex&source=19&FREE_TEXT=Citizen&rating=99
Java /J2EE Developer(GC and Citizen Only)
Norristown, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
The successful candidate will have 3+ years of experience developing and testing web-based applications, As a member of a project team, the Java Developer will assume various roles including design, code and test roles.
The Information Technology Department delivers superior customer experiences through the Exclusively Inhouse development and support of front and back office systems while focusing on IT's four core values: Partnership, Excellence, Innovation and Efficiency.
IT Development is responsible for all aspects of software application delivery and maintenance, including business analysis, technical design, software development, vendor management, quality assurance, implementation and support.
Responsibilities
Work with other members of the project team and business owners to refine and clarify business requirements.
Code and test software to meet standards and within acceptable defect tolerances of design specifications.
Support and review the work of other developers.
Communicate and document status to project leadership.
Work with IT and business test groups to support quality and acceptance tests.
Assign development activities to self and other developers. Track progress of assigned activities.
Ensure that all code retains logical stability, reliability, confidentiality, and integrity of Medicals systems is in accordance with Medical policies, procedures and guidelines, taking appropriate actions for all violations
Java /J2EE Developer(GC and Citizen Only)
Norristown, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
The successful candidate will have 3+ years of experience developing and testing web-based applications, As a member of a project team, the Java Developer will assume various roles including design, code and test roles.
The Information Technology Department delivers superior customer experiences through the Exclusively Inhouse development and support of front and back office systems while focusing on IT's four core values: Partnership, Excellence, Innovation and Efficiency.
IT Development is responsible for all aspects of software application delivery and maintenance, including business analysis, technical design, software development, vendor management, quality assurance, implementation and support.
Responsibilities
Work with other members of the project team and business owners to refine and clarify business requirements.
Code and test software to meet standards and within acceptable defect tolerances of design specifications.
Support and review the work of other developers.
Communicate and document status to project leadership.
Work with IT and business test groups to support quality and acceptance tests.
Assign development activities to self and other developers. Track progress of assigned activities.
Ensure that all code retains logical stability, reliability, confidentiality, and integrity of Medicals systems is in accordance with Medical policies, procedures and guidelines, taking appropriate actions for all violations
eb3_2004
03-25 07:36 PM
I am EB3 India--OCt 2004...My hopes are dwindling...let's see...
more...
ushkand
07-20 10:03 AM
I pledge $100. Thanks IV for all your efforts.
2010 2011 10:00 AM PDT. Rooney
shantak
05-21 06:11 PM
i had biometric yesterday but no Lud yet until today .
when i will see LUD?
what is soft LUD and hard LUD?
Soft meaning just the date changes and not the message. Hard meaning even the online status message changes
when i will see LUD?
what is soft LUD and hard LUD?
Soft meaning just the date changes and not the message. Hard meaning even the online status message changes
more...
abhijitp
07-06 08:50 PM
--
- There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
- Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
- IV will organize a similar event on 14th July. We will publish details about location/route/time soon.
Hope this is clear.
I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!
- There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
- Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
- IV will organize a similar event on 14th July. We will publish details about location/route/time soon.
Hope this is clear.
I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!
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glus
08-26 12:33 PM
I am in exact same situation too. The notice date for EAD renewal is July 7th, 2008. I-485 pending at NSC and EAD applied at TSC. Still waiting. I am current as my PD is EB-2 India 9/2004.
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
more...
jitian
11-18 12:22 PM
just done. North Carolina (two senators and Sur Myrick)
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hiralal
05-09 03:34 PM
yes ..I agree with most of the above. the new admin is more protectionist .. I wonder if the analysis will show that a large number of immigrant visas were wasted !!!
in republicans you have 20% against immi but democrats maybe 80% against
hopefully BJP will come to power in India and retaliate against nuclear deal ..and then they will realise that protectionism cuts both ways !!
in republicans you have 20% against immi but democrats maybe 80% against
hopefully BJP will come to power in India and retaliate against nuclear deal ..and then they will realise that protectionism cuts both ways !!
more...
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saimrathi
07-10 01:47 PM
not sure, what the flowers will accomplish.. time will tell.. but writing to Senators/Representative may help.. so please do write to the senator/representative in your area...
Hi Guys,
I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.
I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
I will post DOS reply as soon as I hear back from senator's office.
Moral of the story is time for action when iron is hot.
Thanks!
Hi Guys,
I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.
I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
I will post DOS reply as soon as I hear back from senator's office.
Moral of the story is time for action when iron is hot.
Thanks!
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sankap
07-09 10:00 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]
Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."
2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."
I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
more...
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gc_maine2
04-21 08:12 PM
Sorry to see this news, May his SOUL rest in peace.. my prayers are for his family... This is a very shocking news.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
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nefrateedi
09-18 02:24 PM
My 485 pkg reached NSC at 11.14 am on July 16,2007 signed by F.Heinauer.
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hi,
My receipt #s start with LIN. I did call USCIS regarding my receipt #s, and level I customer service wasn't able to find the numbers in the system. Obvisouly they have limited access to the system. I spoke to a level II IO, and they were able to pull up my information. They said that it will take a couple of days before I'm able to track my case online.
In any case, are you waiting to receive your receipts in the mail, or for your checks to be cashed?
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hi,
My receipt #s start with LIN. I did call USCIS regarding my receipt #s, and level I customer service wasn't able to find the numbers in the system. Obvisouly they have limited access to the system. I spoke to a level II IO, and they were able to pull up my information. They said that it will take a couple of days before I'm able to track my case online.
In any case, are you waiting to receive your receipts in the mail, or for your checks to be cashed?
more...
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grupak
07-30 11:10 AM
As other have noticed, I also got two emails. One on July 29 other July 30 about the case.
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raju123
07-03 01:31 PM
Please send following message :
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
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anzerraja
07-20 08:51 AM
Thanks anjs !!!!
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
Can you please quote the amount you are pledging, so that we can keep track.
Count me in.
raj2007
04-23 10:09 PM
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
doshhar
07-04 01:26 PM
Illegal non-immigrants did the rally to local USCIS offices. It would be good if we pick one day in 2nd week of July and have a rally to local USCIS offices. This will immediately catch the media attention.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
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