gc_check
07-02 09:01 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
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desi3933
06-26 04:02 PM
" Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
pappu
03-22 10:23 AM
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
are you interested in talking to a reporter?
let us know asap. we have a reporter looking to do a story on H4 people and how it affects families. If you/anyone else is interested, post your story in 'tell us your story thread' and update your profile with name email and phone number so that we can contact you.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
are you interested in talking to a reporter?
let us know asap. we have a reporter looking to do a story on H4 people and how it affects families. If you/anyone else is interested, post your story in 'tell us your story thread' and update your profile with name email and phone number so that we can contact you.
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Googler
06-08 12:32 AM
I really don't understand these Attorneys. Its clearly mentioned on 485 form that ALL 485 petitions should go to NSC. period.
And as far as I know, due to awareness and the fact we all are professionals who can go to USCIS site and read the instructions in black and white, we should not just rely on this morons (attorneys.. though there are some good ones around)
If you read http://www.uscis.gov/files/pressrelease/BiSpec_063006FS.pdf, you'll see that there is a line on page 2 that specifically says "Until further notice, USCIS will not reject applications or petitions filed at an incorrect Service Center. Instead, USCIS will accept the filing, redirect it to the correct location, and honor the initial receipt date."
So if you already know that your I-485 will be adjudicated by the service center where your I-140 was processed, you just save some processing time by sending it there. See also Matthew Oh's May 14, 2007 post in which he says that USCIS may try to accelerate bi-specialization phase III in order to avoid sending massive numbers of files from the central NSC location to the locations where the I-140 processing was done.
My attorney sent my forms to TSC on June 6, 2007. Tick tock tick tock till I get the receipt notice.
And as far as I know, due to awareness and the fact we all are professionals who can go to USCIS site and read the instructions in black and white, we should not just rely on this morons (attorneys.. though there are some good ones around)
If you read http://www.uscis.gov/files/pressrelease/BiSpec_063006FS.pdf, you'll see that there is a line on page 2 that specifically says "Until further notice, USCIS will not reject applications or petitions filed at an incorrect Service Center. Instead, USCIS will accept the filing, redirect it to the correct location, and honor the initial receipt date."
So if you already know that your I-485 will be adjudicated by the service center where your I-140 was processed, you just save some processing time by sending it there. See also Matthew Oh's May 14, 2007 post in which he says that USCIS may try to accelerate bi-specialization phase III in order to avoid sending massive numbers of files from the central NSC location to the locations where the I-140 processing was done.
My attorney sent my forms to TSC on June 6, 2007. Tick tock tick tock till I get the receipt notice.
more...
meridiani.planum
11-30 07:19 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...
Post a link...
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...
Post a link...
YesGC_NoGC
11-21 11:13 AM
Mehul,
We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.
Best Regards
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.
Best Regards
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
more...
petepatel
08-13 07:28 AM
I just received the email this morning.
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
for Spouse only. Pending for the primary applicant yet
Applied on July 1, Receipt July 3 and Soft LUD July 8:)
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dtekkedil
07-03 12:51 PM
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=13&Go.y=9
Try this link one more time ..
Thanks GreenMe! I am mailing it to all my friends!
Try this link one more time ..
Thanks GreenMe! I am mailing it to all my friends!
more...
i4u
09-28 08:39 AM
CO's words have been mostly pessimistic..and upsetting so far...
This is nothing new!
This is nothing new!
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gcbikari
04-23 05:06 PM
I understand if the companies want to protect their business. Let�s say that X works at a client place through a vendor. X�s employer has an agreement with the vendor which says that he cannot employ his employee, the vendor has an agreement with the client which says that they cannot take X through another vendor.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
There is a time limit between X's employer and Vendor (they will renew the contract every year or so). But the problem is between X and his employer. As long as X is employed with his employer and usually 1 year there after (i.e. till one year) you can not work at same client performing same duties, this violates non-compete. If client agrees for vendor change, then employer cannot place you because of his agreement with vendor. If you are smart thinker and change both vendor and employer, then non-compete with employer will kick in.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
There is a time limit between X's employer and Vendor (they will renew the contract every year or so). But the problem is between X and his employer. As long as X is employed with his employer and usually 1 year there after (i.e. till one year) you can not work at same client performing same duties, this violates non-compete. If client agrees for vendor change, then employer cannot place you because of his agreement with vendor. If you are smart thinker and change both vendor and employer, then non-compete with employer will kick in.
more...
apt29
01-30 12:32 PM
H1 is valid for an year from the date of last used/Approval.
Just for replying to this query - I have got 40 or so negative reputations.:confused: I understand that this is Free Lawyer Conference call forum.
Just for replying to this query - I have got 40 or so negative reputations.:confused: I understand that this is Free Lawyer Conference call forum.
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mirage
03-15 11:23 PM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
more...
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abq_gc
08-18 03:00 PM
you manage people with a stick ?? :)
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
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smuggymba
08-09 01:21 PM
Why fight among EB2 and EB3? EB1 should be also a part of this, that's what we are good at...right?
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
more...
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TheOmbudsman
06-26 12:20 PM
I respect your opinion.
There is no indication that "Republicans" are taking a hit by not passing the bill. In fact, if you go to Congress.org you will polls there showing that Americans prefer no bill instead of "a bad bill". By bad bill they mean, the amnesty one, CIR.
Folks, what we need to remember is that this country is still a democracy. When you see AILA - which is a reliable source in this case - reporting that 400:1 calls are being placed against CIR, that is a serious business. Looking at results of recent elections, you can tell that there is increasing indication that voters are paying attention to candidates which are strong in immigration records. Sen. Bilbray (R) recently won the election in spite of Republicans poor performance. In my state, Maria Cantwell (D) is showing no gaps against an incumbent, who happens to be Republican. In Utah, Sen. Cannon (R) but pro CIR is fighting very hard against an incumbent. Election results for this will be known tomorrow, but the fact that he is fighting is the indication one needs to believe that representatives fighting against CIR/amnesty are looking good, regardless which party the individual is in. CIR is known mainly is an amnesty bill. Therefore not passing CIR seems to be perceived by voters as a good thing. Also, there are already many laws that if executed, could aleviate the flow of illegal immigration and provide some security to the border until the House gathers enough support to pass a more enforcement only bill. Personally I have hopes that IF the House proposals prevail after the elections in November, then it is when we could see a kind of Cornyn/Kyl bill passed ?
Now you say, how can the above post help our cause ?
I think we need to start by having a clear picture of what's going on. If we continue this route of expecting that a bill with amnesty provisions on it will save us, you many need to be prepared for a long wait to see that happening. If it is true that our lobbying efforts are useless and have no chances to leverage a bill of our own cause, so darn, I will just pray, watch, give no donations and wait in a very passive way and see what happens.
IV has done a great job by making all the contact information with the lobbying group, now we need to engage them to lobby for our bill only. If that's not possible, then I think there is no major reason to donate or take action on this anymore. Just wait and let the big guys (AILA, Catholic Curch, Laraza) battle for CIR and see what happens.
I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.
There is no indication that "Republicans" are taking a hit by not passing the bill. In fact, if you go to Congress.org you will polls there showing that Americans prefer no bill instead of "a bad bill". By bad bill they mean, the amnesty one, CIR.
Folks, what we need to remember is that this country is still a democracy. When you see AILA - which is a reliable source in this case - reporting that 400:1 calls are being placed against CIR, that is a serious business. Looking at results of recent elections, you can tell that there is increasing indication that voters are paying attention to candidates which are strong in immigration records. Sen. Bilbray (R) recently won the election in spite of Republicans poor performance. In my state, Maria Cantwell (D) is showing no gaps against an incumbent, who happens to be Republican. In Utah, Sen. Cannon (R) but pro CIR is fighting very hard against an incumbent. Election results for this will be known tomorrow, but the fact that he is fighting is the indication one needs to believe that representatives fighting against CIR/amnesty are looking good, regardless which party the individual is in. CIR is known mainly is an amnesty bill. Therefore not passing CIR seems to be perceived by voters as a good thing. Also, there are already many laws that if executed, could aleviate the flow of illegal immigration and provide some security to the border until the House gathers enough support to pass a more enforcement only bill. Personally I have hopes that IF the House proposals prevail after the elections in November, then it is when we could see a kind of Cornyn/Kyl bill passed ?
Now you say, how can the above post help our cause ?
I think we need to start by having a clear picture of what's going on. If we continue this route of expecting that a bill with amnesty provisions on it will save us, you many need to be prepared for a long wait to see that happening. If it is true that our lobbying efforts are useless and have no chances to leverage a bill of our own cause, so darn, I will just pray, watch, give no donations and wait in a very passive way and see what happens.
IV has done a great job by making all the contact information with the lobbying group, now we need to engage them to lobby for our bill only. If that's not possible, then I think there is no major reason to donate or take action on this anymore. Just wait and let the big guys (AILA, Catholic Curch, Laraza) battle for CIR and see what happens.
I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.
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mammoy2k
11-28 07:44 PM
I think attorneys scare us in using AC21 before I-140. If you have a good attroney she can argue and convince USCIS to approve AC21 before I-140 approval. There can be only 3 reasons of I-140 denial:
- Ability to Pay
- Education
- Experience
Now if you work for a public company, A2P is not an issue. If you have a US degree, or a 4 years degree from outside, educations should not be a concern, unless LC asks for BTech in Comp Sc and you have it in Civil Engg. Laslty on Exp letter, if the only experience you mentioned on LC is the experience for which you have exp letter, you are fine.
Does anyone see anything missing? Come Jan 08, I expect many AC21 with I-140 pending.
Mammoy2k
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
- Ability to Pay
- Education
- Experience
Now if you work for a public company, A2P is not an issue. If you have a US degree, or a 4 years degree from outside, educations should not be a concern, unless LC asks for BTech in Comp Sc and you have it in Civil Engg. Laslty on Exp letter, if the only experience you mentioned on LC is the experience for which you have exp letter, you are fine.
Does anyone see anything missing? Come Jan 08, I expect many AC21 with I-140 pending.
Mammoy2k
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
more...
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psgprasad
05-23 12:39 PM
Sent emails to all senators in the list and my state (MI) senators.
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sureshtreddy
02-09 11:03 PM
Contribute $50
Unique Transaction ID # 16236410Y45425302
Unique Transaction ID # 16236410Y45425302
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krishnam70
07-03 12:14 PM
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...
good idea prashant
good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...
good idea prashant
jkays94
05-25 06:45 PM
Shouldn't IV ammend the text of the email to better reflect the negative impact of the Bernie Sander's ammendment ? The Senators (who are known for not often reading voluminous legislation in detail) may have voted with their hearts for this ammendment thinking this was going to help students in their states. I think IV members who are their constituents should have a means of letting their Senators know the effect of their actions and for those who voted against it they should be congratulated for voting against this harmful ammendment. They may have thought of this as win-win situation. Yet they may have not known the following points (read the study its detailed):
http://www.nfap.com/pdf/0507brief-business-immigration.pdf
U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.
For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :
The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.
Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)
http://www.nfap.com/pdf/0507brief-business-immigration.pdf
U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.
For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :
The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.
Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)
manishcp
08-26 09:13 AM
LC: Dec 2003, EB-3, INDIA
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
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