gcwait2007
04-20 12:36 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I work for a company which recovers expenses incurred for relocation, training, certification exam fee paid, GC expenses, etc if I choose to leave them with in one year of incurring expenses. It seems to be a common practice. Many times, these recovery is waived at the discretion of the managers.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I work for a company which recovers expenses incurred for relocation, training, certification exam fee paid, GC expenses, etc if I choose to leave them with in one year of incurring expenses. It seems to be a common practice. Many times, these recovery is waived at the discretion of the managers.
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desi3933
06-28 07:08 AM
A note to my fellow IV members - I am not after the $42/Hr job. Good luck in finding a US citizen to do this job. I was wrong about EEO, it is actually IRCA which prohibits discrimination in recruitment and hiring.
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
Thanks, Walking_Dude, for putting this link.
As per web page on this link -Do allow all employees (including non-U.S. citizens) to provide any permissible documents to establish their identity or work authorization during the employment verification process.This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
Thanks, Walking_Dude, for putting this link.
As per web page on this link -Do allow all employees (including non-U.S. citizens) to provide any permissible documents to establish their identity or work authorization during the employment verification process.This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
Abhishika
11-21 07:08 AM
Sorry to hear this.
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
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rpulipati
10-09 10:16 AM
I understand that you want to use experience before PD. However, there is no much gain and makes it more complex.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
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vkrishn
09-25 12:21 PM
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
apahilaj
05-07 09:38 PM
They almost always take some kind of FPs. What I mean is that there are 3 biometrics codes. Code 3 is the most comprehensive, where they take your photo, signature and all ten fingers FP. Check your notice in the upper right corner, there should be a box that says "Code".
I always used to think (and still think) why they would issue different FP codes to different applicants even though they are all applying for same 485 petition?
Do different codes have different relevance?
I always used to think (and still think) why they would issue different FP codes to different applicants even though they are all applying for same 485 petition?
Do different codes have different relevance?
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keshtwo
08-13 08:09 PM
It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......
Nonsense. once its in, its in. Or they will be facing another lawsuit.
Nonsense. once its in, its in. Or they will be facing another lawsuit.
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saimrathi
07-02 08:37 AM
Sent by UPS on June 30. UPS website shows recd at Lincoln, NE at 7.30am on 7/2/07 signed by Hindera.
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desi3933
08-18 01:53 PM
Here is an old post from SunnySurya
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
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ashshef
09-10 08:25 PM
I have been a passive reader on these forums for the most part.
I would just like to express my appreciation for the work that IV does. I totally support the regular donation thing to gain access to one forum. If you don't want to donate, all you are losing is access to one forum. That forum is only for IV loyals who really believe in IV.
All that's needed is $25 donation to gain access to it. Lobbying in this country needs a lot of money. If you want IV to work for you, then it's the least you could do.
The regular donation thing also spurs some not-so-active guys like me to donate, when we might forget.
As for EB3, and people stressing about concenterating on EB3(I), you can't separate out one legal immigration issue from the other....ultimately all these efforts pay off for all of us. The more you divide all these up, the lesser your number is gonna be and the less likely any lawmakers will help you.
I understand how frustrating it is to wait for so long. I have been working in this country since mid-2000. I lost my H1 at 6 years and had to go on H4 and sit out from work for an year, when IV's push really helped me get my EAD during the July 2007 fiasco. And I am a VLSI Design Engineer who spent the first half of my stay in US as an employee in a big company(AMD), and still couldn't get anywhere with my GC.
I have seen ample cases reported on the Sep approval thread where people on EB2 have been in this country for 10+ years.
Most of us have faced issues with GC. And these issues might be different for all of us. But ultimately, we need to work with a common goal. Pointing fingers at each other in this scenario is the worst we could do to help ourselves, let alone help anyone else.
For those who can put in the time/money to help out IV. Nothing like it. If not, let's atleast appreciate the work people are doing, and let's stick together.
I would just like to express my appreciation for the work that IV does. I totally support the regular donation thing to gain access to one forum. If you don't want to donate, all you are losing is access to one forum. That forum is only for IV loyals who really believe in IV.
All that's needed is $25 donation to gain access to it. Lobbying in this country needs a lot of money. If you want IV to work for you, then it's the least you could do.
The regular donation thing also spurs some not-so-active guys like me to donate, when we might forget.
As for EB3, and people stressing about concenterating on EB3(I), you can't separate out one legal immigration issue from the other....ultimately all these efforts pay off for all of us. The more you divide all these up, the lesser your number is gonna be and the less likely any lawmakers will help you.
I understand how frustrating it is to wait for so long. I have been working in this country since mid-2000. I lost my H1 at 6 years and had to go on H4 and sit out from work for an year, when IV's push really helped me get my EAD during the July 2007 fiasco. And I am a VLSI Design Engineer who spent the first half of my stay in US as an employee in a big company(AMD), and still couldn't get anywhere with my GC.
I have seen ample cases reported on the Sep approval thread where people on EB2 have been in this country for 10+ years.
Most of us have faced issues with GC. And these issues might be different for all of us. But ultimately, we need to work with a common goal. Pointing fingers at each other in this scenario is the worst we could do to help ourselves, let alone help anyone else.
For those who can put in the time/money to help out IV. Nothing like it. If not, let's atleast appreciate the work people are doing, and let's stick together.
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buddyinsd
08-31 01:33 PM
If this is not racism then what is? U R VERY SICK...Get well soon!!!
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
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07-19 09:37 PM
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kondur_007
07-28 12:50 PM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance.
From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...
I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.
An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.
From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...
I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.
An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.
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11-17 03:23 PM
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sss9i
08-30 11:12 AM
Please create link to main page Forum So that everyone can access easily.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
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chmur
07-27 01:21 PM
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
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techskill
11-21 12:48 PM
Dear Mehul,
I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
If everybody prays together even GOD cannot resist.
I agree with WeShallOvercome and logiclife.
We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.
I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
If everybody prays together even GOD cannot resist.
I agree with WeShallOvercome and logiclife.
We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.
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gcisadawg
03-06 06:22 PM
I find the second proposal very reasonable. If anyone is waiting for more than 5 years, then make that person exempt from country quota.
I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.
I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!
Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.
When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.
When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.
I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......
-G
I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.
I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!
Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.
When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.
When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.
I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......
-G
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makemygc
08-01 05:11 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
snhn
09-16 09:47 PM
Does everyone receive FP notices. Couple of my co workers did not recieve them. I just applied. I have told that my name check is cleared
FrankZulu
08-20 02:37 PM
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
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I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
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