Tuesday, June 28, 2011

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  • GCWhru
    11-30 05:21 PM
    I am really sorry to hear your situation...

    I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...




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  • AllVNeedGcPc
    04-13 10:36 PM
    - Flew into YYZ (with family), completed landing process last week
    - Have expired H1-B stamp but approved I-797s
    - Flew back this week on AVR
    - No questions asked on both sides
    - Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
    - Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
    - I would not suggest giving up the Canadian PR based on just rumors and no facts
    - Have pending 140 and 485
    - Have APs too, but did not use them




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  • sina
    08-26 11:02 AM
    My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?




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  • Suva
    01-30 02:29 PM
    I think the point raised by nousername is valid. Out of three people applying for fresh h1 only one gets it through lottery. H1 is only intended for fulltime job. After one fulltime job you can have multiple H1 for part time jobs. So if a person without a job offer is selected through lottery then it is unethical. It's not legal in H1 status without proper wage. So it is always desirable to apply H1 when you have a concrete job offer where the employer is willing to pay as soon as you apply for H1.


    What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representation false?

    People like you are the ones who are dividing the community.



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  • desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • johny
    10-10 12:19 PM
    I sent to NSC on Jul 6th. Though EAD,AP have come, No FP yet.



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  • vgayalu
    06-26 04:00 PM
    Hi guys,
    We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?




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  • PrashantChandran1978
    09-19 02:16 PM
    Please update me when ur cheques got encashed and when got receipt notice, my application is also received by k.lawson (NSC on Aug 6 07/EB3)



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  • gc_on_demand
    05-01 10:41 AM
    This is my first post.

    My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.

    Is he technically correct ?

    Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).

    Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.

    Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.


    Will you join our hands in recapture ? Will you considering contributing to IV. I will be happy if you can activlly participate in our effort.


    This guy is here to divide us on one more point. People who has filled AOS VS Poeple who didnot.

    People whose spouses have EAD and AP will go for it while people whose spouses doesnot have EAD AP will oppose it . This is very well game played by Anti. Be aware..




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  • akhilmahajan
    02-26 10:21 AM
    This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.

    For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.

    I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.

    Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.

    But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.

    At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.

    Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.

    I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.

    I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.

    GO I/WE GO. TOGETHER WE CAN.

    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.



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  • sathweb
    01-30 01:05 PM
    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.

    What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representing false?

    People like you are the ones who are dividing the community.




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  • ivar
    02-03 12:55 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!

    Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.

    All the best.



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  • r_mistry
    02-05 05:00 PM
    Hi,

    I landed in July 06 in Toronto. Received my PR cards etc and then moved back to US and since then have not visited Canada.

    Does anybody know how long one can stay out of Canada after landing? I heard some where its 2 years and some say its 3 years from the date you land.

    Can somebody please clairfy that? or have any official ruling on that?

    Thanks,

    __________________________________

    Filed I-485/EAD/AP - July 24th, 2007 - NSC
    PD - Oct, 2005 - EB3 - ROW
    I-140 approved - Dec 2006
    EAD received - Oct, 07
    FP done
    AP - Wife's AP approved Jan 21st, 2008 - Self Pending
    LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)




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  • tushbush
    05-23 05:55 AM
    Sent to 11 (one is common).

    Cheers



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  • mrajatish
    05-02 10:54 AM
    Stupid question, but I am sure it is in the minds of many others -
    1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
    2. Will the house have a similar bill?




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  • shozee
    12-31 12:22 PM
    Im posting for first time
    plaease pardon me if im in wrong thread .
    Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
    Any idea what would this statement mean ?
    I_140 & 485 fild July 5th 2007
    PD curent



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  • looivy
    09-14 02:26 AM
    Immi_Seeker,

    I absolutely agree with you. One of my cousin is unfortunately suffering in EB3 for years he is a MS and working for over 10 years, he has been trying to port to EB2...but his attorney flatly refused on grounds that the company doesn't need a advanced degree applicant for that position and they can't justify the same to USCIS and invite scrutiny especially in this economy.

    Ofcourse porting is blessing for lawyers and it means greenbacks for them the more the better.

    SoP

    I am in the same boat. MS + 9 years. But my application is rotting in EB-3 since 2004. As I have said before, if EB3 does not mobilize then the only option is to rot for another 4-5 years.




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  • romeshtrisal
    09-10 08:31 PM
    My papers were received at Nebraska Center by one... M. Schwitzer on 30th July. So far nothing... no receipts, no encashed checks.
    Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
    They just put in wrong and fake info just to please their bosses. This is a messy setup.
    Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
    I am really pissed off.....




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  • jsb
    11-26 02:27 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?

    I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.




    ajaykk
    08-26 10:38 PM
    No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.

    Thanks,
    Sina

    Even my spouse got card production ordered email. Good Luck to you.




    paragpujara
    12-17 09:10 AM
    Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.


    Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...

    What are you guys thinking as next step?



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