Wednesday, June 8, 2011

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  • Jubba
    10-16 10:54 AM
    Kit that was beautiful. Tife rocks.




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  • gcgonewild
    08-15 02:16 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.




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  • May, 2011 in Funny Pictures


  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.




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  • letstalklc
    09-01 03:37 PM
    Congratulations....There are cases that prior to your PD and waiting....you are really lucky....



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  • 21stIcon
    04-10 07:19 AM
    I filed my conversion case two months ago, they have not withdrawn my BEC case yet since BEC had not sent 45 days letter so far and BEC could not locate my old case to verify with new case, so my conversion case dormant at PERM as well as old case @ BEC. no use of PERM conversion if you have not received 45 days letter, it may be helpful for who have received 45days letter and waiting for BEC decision.


    Thx,
    PD -->01/07/2004
    RIR/TX
    No 45 days letter yet
    PERM Conversion filled on 02/07/06




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  • “I usually smoke weed and


  • Phat7
    10-18 04:01 PM
    Wow! :) Thank you everybody! You could have been anywhere in the world tonight, but you're here with me! I'm a little excited... I would like to thank a couple of people who helped me achieve this award. I would like to thank ... ... ... ... ... (long list of names here) ;)



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  • Posted in Funny, Pictures


  • tnite
    09-20 10:40 AM
    Tristate folks from CT NY and 2 of them from Nocal are in the NDTV pic link (http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637)
    I am in the pic.feels great.




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  • iman.karta
    04-15 05:33 PM
    Dear Sir/Ma'am,

    I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
    I am applying for an immigrant visa via employment-based; EB2.

    I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
    I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
    And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.

    The question is:
    1. What is the alternative that I have?
    2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
    Do you think these will be sufficient?
    3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.

    Thank for the input.

    Warm regards...



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  • pitha
    01-16 10:45 AM
    This is exactly what I have been saying for the last couple of months. This CIR is going to doom all EB immigrants. Obama's immigration enforcer is Dick Durbin, he has all the "compassion" in the world for illegals, he sponsors dream act, he wants to give amnesty to illegals but when it comes to eb he wants all of us to be kicked out. "Change" is definetely comming, no doubt about it but it is going to be a rude shock for the eb community. A bunch of people gave me reds for pointing it out. CIR is a speeding train with Obama\Durbin\kennedy driving it, it will stop only for illegals, it will crush all eb people under it. Please wake up and stop cheering for CIR. Instead call congresswoman Lofgren and ask her for visa recapture. Dont mention anything about cir, just ask for visa recapture. She is the only democrat who gives a damn about us.

    Nothing in this bill talks about the increasing EB VISA numbers but they have clause for the family based VISA numbers to about 1Million.I know Mr.Obama would bring "change" but it is not going to be good for us. Anytime he talked about legal immigration, he only made references to family based immigration backlogs. Never have I heard him talk about EB VISA backlogs.I think we are in for a change which not going be so good after all.




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  • SAPGURU
    01-05 08:21 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.



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  • vjmjaan
    04-15 09:17 PM
    I found the ticket prices are comparable. The food was good. Not too much layover
    and very good service.

    They are very courteous and helpful in air and at Seoul airport.




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  • BumbleBee
    05-30 12:27 PM
    Here we go again....the never ending bad news loop for immigrants (to be)
    Source-->
    http://www.immigration-law.com/

    http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm


    E. Summary of Final Fees

    The USCIS Immigration and Naturalization Benefit Application and
    Petition Fee Schedule, the proposed fees, and the final fees
    established by this rule are summarized in the attached table.

    ----------------------------------------------------------------------------------------------------------------
    Current Proposed
    Form No. Description fees fees Final fees
    ----------------------------------------------------------------------------------------------------------------
    I-90.................................. Application to Replace Permanent $190 $290 $290
    Resident Card.
    I-102................................. Application for Replacement/ 160 320 320
    Initial Non-immigrant Arrival-
    Departure Record (I-94).
    I-129................................. Petitions for a Nonimmigrant 190 320 320
    Worker.
    I-129F................................ Petition for Alien 170 455 455
    Fianc[eacute](e).
    I-130................................. Petition for Alien Relative...... 190 355 355
    I-131................................. Application for Travel Document.. 170 305 305
    I-140................................. Immigrant Petition for Alien 195 475 475
    Worker.
    I-191................................. Application for Advance 265 545 545
    Permission to Return to
    Unrelinquished Domicile.
    I-192................................. Application for Advance 265 545 545
    Permission to Enter As a
    Nonimmigrant.
    I-193................................. Application for Waiver of 265 545 545
    Passport and/or Visa.
    I-212................................. Application for Permission to 265 545 545
    Reapply for Admission into the
    United States After Deportation
    or Removal.
    I-360................................. Petition for Amerasian, 190 375 375
    Widow(er), or Special Immigrant.
    I-485................................. Application to Register Permanent 325 905 930
    Residence or Adjust Status.
    I-526................................. Immigrant Petition by Alien 480 1,435 1,435
    Entrepreneur.
    I-539................................. Application to Extend/Change 200 300 300
    Nonimmigrant Status.
    I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
    Immediate Relative/Application
    for Advance Processing or Orphan
    Petition.
    I-601................................. Application for Waiver of Grounds 265 545 545
    of Inadmissibility.
    I-612................................. Application for Waiver of the 265 545 545
    Foreign Residence Requirement.
    I-687................................. For Filing Application for Status 255 710 710
    as a Temporary Resident.
    I-690................................. Application for Waiver of 95 185 185
    Excludability.
    I-694................................. Notice of Appeal of Decision..... 110 545 545
    I-695................................. Application for Replacement 65 130 130
    Employment Authorization or
    Temporary Residence Card.
    I-698................................. Application to Adjust Status from 180 1,370 1,370
    Temporary to Permanent Resident.
    I-751................................. Petition to Remove Conditions on 205 465 465
    Residence.
    I-765................................. Application for Employment 180 340 340
    Authorization.
    I-817................................. Application for Family Unity 200 440 440
    Benefits.
    I-824................................. Application for Action on an 200 340 340
    Approved Application or Petition.
    I-829................................. Petition by Entrepreneur to 475 2,850 2,850
    Remove Conditions on Residence.
    I-881................................. NACARA--Suspension of Deportation 285 285 285
    or Application for Special Rule
    Cancellation of Removal.
    I-914................................. Application for T Nonimmigrant 270 0 0
    Status.
    N-300................................. Application to File Declaration 120 235 235
    of Intention.
    N-336................................. Request for Hearing on a Decision 265 605 605
    in Naturalization Procedures.
    N-400................................. Application for Naturalization... 330 595 595
    N-470................................. Application to Preserve Residence 155 305 305
    for Naturalization Purposes.
    N-565................................. Application for Replacement of 220 380 380
    Naturalization Citizenship
    Document.
    N-600................................. Application for Certification of 255 460 460
    Citizenship.
    N-600K................................ Application for Citizenship and 255 460 460
    Issuance of Certificate under
    Section 322.
    Biometric Services............... 70 80 80
    ----------------------------------------------------------------------------------------------------------------

    BumbleBee



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  • popoye
    04-10 03:18 AM
    Yes. the provision is already there. You can covert your RIR or non-RIR cases in BPC to PERM without losing priority date, as long as the case is identical




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  • legaleagle
    06-08 11:31 AM
    Dhundhun,
    Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
    Thanks again



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  • greencard_fever
    08-19 06:31 PM
    I have the copy from Murthy.com [they still have it on]....

    send me ur copy to : 509 355 3413

    Thanks,

    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf




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  • txh1b
    08-17 05:39 PM
    One looks like a PM position involving lot of admin stuff and the other sounds technical enough. May have problems using AC21.



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  • gsvisu
    07-15 06:26 PM
    I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.

    Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.




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  • karthkc
    03-20 12:04 PM
    RoseBall,, here is my query..Please answer


    I got RFE on 140 asking

    all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

    Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

    and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

    I am still fearing how do USCIS take in to consideration when they finalise the case.

    Do you think all these are substantiate my case , or they may come with another RFE or denial..

    Please advise me what I want to do, I haven't submitt my case yet.

    Thanks

    You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.

    If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..

    My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....




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  • Sandeep
    01-06 12:53 PM
    Guys, we have 200+ members on board but only a fraction have contributed. So does that mean that the rest do not know about this?
    Please pass on this message to your friends
    **************
    As you probably know, Employment Based immigration is currently showing years of retrogression; more than 350,000 labor applications are stuck in the backlog centers and there is no information on when we can see even a ray of hope. Applicants have to wait for their green cards for as many as 4-7 years, depending on the country where they were born. With retrogression, applicants are unable to complete their final phase of green card even if they have cleared all the previous hurdles. We, a group of volunteers at www.immigrationvoice.org . We have set up a non profit organization to work towards resolution of these problems.
    In the past we have seen that due to a lack of professional representation, employment based immigration issues have been ignored by the lawmakers. The latest example has been dropping of section 8001 & 8002 from the Budget Reconciliation Bill passed by the congress in December 2005. With comprehensive immigration reforms on the anvil in the early part of 2006, the time to act is now. However, with the current political scenario and the overpowering debate about illegal immigration, this is going to be an uphill battle. We have already initiated talks with professional strategists who have in the past been able to achieve goals similar to the ones we are working for. We feel that these are the following ways a professional strategist can help:
    1. Identify feasible goals that can be achieved and are representative of the people in this forum. We should not have to piggy back on H1s or illegal immigration - we need an identity of our own
    2. Identify the champions amongst the lawmakers, alliances, organizations who are willing to shoulder some or all of the responsibility in passing provisions to solve retrogression & address labor backlogs centers.
    3. Identify opportunities to meet/interact with those mentioned in point no 2.
    4. Help us in putting our points across cohesively and in a way relevant to the political situations
    5. Keep a close monitor on the progress and the situation so as to identify the opportunities as they arrive.
    Hiring professional strategists requires several thousands of dollars. If we hope to counter some of the anti immigration propaganda, we have to accumulate funds to the tune of atleast about $100k. Keeping this and the short deadline in mind, we would urge you to contribute at http://www.immigrationvoice.org . To lead by example, the volunteers have themselves come forward with contributions - in one night we had a collection of around $5000 from 20 contributors. This is a tiny fraction of what we as an organization need.
    We also need your contribution in terms of your ideas and efforts by registering you as a Volunteer. Please be assured that funds and their utilization would be transparent in this process. All the volunteers will be provided a weekly update on the funds collected and their utilization. We look forward to you helping us and yourselves.
    Please contact us for more info at info@immigrationvoice.org

    Thanks
    Your Name
    **************




    h12gc
    04-29 05:50 AM
    Thanks Krupa for your reply.

    Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

    1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

    2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

    As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

    Business Analyst:Finance,Health care,ERP,Insurance

    QA Analyst: Functional QA (ERP or any other applications)
    SAP QA,People soft QA,Oracle apps QA etc


    All the above jobs are paid average $110k(Minimum 90k)

    My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

    3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

    Thanks for reading my post.Any inputs will be appreciated

    Thanks
    h12gc




    sanjeev.mehra@gmail.com
    08-05 04:21 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.



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