chanduv23
07-08 04:46 PM
I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
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jettu77
04-16 07:12 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html
WaitingForMyGC
02-11 10:23 AM
On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,
I believe in VLD Rao. He gives me hope. :-)
I believe in VLD Rao. He gives me hope. :-)
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vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
more...
dsairam
10-10 05:10 PM
After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
The desi companies, while their methods may not be employee friendly, also add value in the chain and that is why they exist. So I don't know what you mean by "actually make something".
And no I don't own or am affiliated to one.
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
The desi companies, while their methods may not be employee friendly, also add value in the chain and that is why they exist. So I don't know what you mean by "actually make something".
And no I don't own or am affiliated to one.
Jipjap74
02-09 01:24 AM
My company let ME go the day after i got my GC. My attorney said it didnt matter as once you have your GC you are free to work for whomever you want.
more...
sledge_hammer
06-26 03:34 PM
Can you please explain in detail what the RFE was about? What was it that USCIS did not like about your photos?
Thanks!
Dude, You are looking at not getting a RFE based on the pics. Not that picture people or JCPenny takes great pics and make u look like Brad Pitt or Tom Cruise.
:D :p
I got 2 RFE's for pictures only. Those are the only 2 RFE's till date for me.
I had real bad experience with digital pics. But there are many people who didnt have any issues. So it is all your luck.
If you have RFE, it sets u back by 2 months for the approval.
Just my 2 cents.....
Thanks!
Dude, You are looking at not getting a RFE based on the pics. Not that picture people or JCPenny takes great pics and make u look like Brad Pitt or Tom Cruise.
:D :p
I got 2 RFE's for pictures only. Those are the only 2 RFE's till date for me.
I had real bad experience with digital pics. But there are many people who didnt have any issues. So it is all your luck.
If you have RFE, it sets u back by 2 months for the approval.
Just my 2 cents.....
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sammyb
01-04 02:42 PM
I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
more...
JunRN
12-21 11:09 AM
You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
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kevinkris
04-08 02:55 PM
They didn't mentioned it in the press release though..
more...
raydon
07-08 08:52 AM
I support this campaign too. Setting up a consular appointment and the anxiety that goes with not knowing whether the visa is granted despite having an approval is a stressful experience.
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
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andy garcia
08-22 10:14 PM
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
more...
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manand24
08-10 10:57 AM
not in same boat as you and me buddy. They are in a boat ahead of you....
Good point.
Good point.
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write2amar
09-22 04:47 PM
Hello,
CONGRATULATIONS for making the rally success!!!
I just joined in this group. I want to be an active member in this chapter activities.
Thanks,
write2amar
CONGRATULATIONS for making the rally success!!!
I just joined in this group. I want to be an active member in this chapter activities.
Thanks,
write2amar
more...
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arc
10-01 09:02 PM
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
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himu73
10-11 11:47 PM
My labor was filed on July 2004 and I have not received an approval yet.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
more...
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mjULTRA
02-11 12:55 PM
i really liked all the entires, especially eilsoe's but i voted for soul's, because it didn't use the traditional 'to the edge' format, and he successfully broke out of the isometric only view.
Kit your castle was wild, was it done from a photograph?
Kit your castle was wild, was it done from a photograph?
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pappu
01-31 11:02 AM
There are now couple of threads and several posts in different places on the same topic. I have merged 2 threads.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
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nagio
05-30 02:19 AM
Done. Thanks. For me and my spouse.
nrk
10-26 08:05 PM
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
devamanohar
08-14 06:10 AM
I filed for my self, wife and two daughters I-485 and EAD with all documents but without I-140 recipt notice instead I enclosed evidences of the cashed check, INS online status print out and cover letter with reciept number.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
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