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Sunday, June 19, 2011

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  • snhn
    12-28 06:40 PM
    so is it the notice date or recipt date that counts.. If someone filed on July 2nd, but the notice date is August 15, where do I coutn 180 days from.

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  • whitecollarslave
    02-12 06:41 PM
    He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
    If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.

    Please suggest.

    All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.

    I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.

    BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.

    Let us know if you any information on what the 3500 figure is for.

    An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.

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  • gc_check
    03-29 07:18 AM
    Moderators, Can this thread be moved to member only section and require a login to read the posts, Do see in some posts, some folks had explicitly mentioned the names and offices IV had approached... Wouldn't it give a lead to anti-immigration activist?

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  • chanduv23
    05-13 12:01 PM
    Folks - here is what you all do.

    Please contact the Ombudsman's office. Fill out the form 7001 and explain the issue in detail and attach copies of your MTR submissions, notices etc....

    Contact your Senators - go to their websites and look for constituent services and follow what is there on their website.

    Contact your Congresman - usually congressman's office will give more personal attention. I recommend that you personally go to COngressman's office and talk to the immigration expert there. They will help.

    Also, please feel free to contact IV with the issue. You can sed me an email and I will forward it to IV core to see what can be done.


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  • alwayson
    11-04 12:15 PM
    EB2 India - 15-FEB-05
    EB3 India - Same

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  • eb3retro
    07-08 09:14 AM
    but the bigger question is are you even an immigrant? If not, why are you here? If you are, what is your status? have you filed for green card application, did u get it already, or whats the deal? We are all wondering if you are just leeching around giving your free opinion around here.

    No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.

    President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?

    Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.


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  • pooja_34
    12-21 06:28 PM

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  • BMS1
    10-11 04:34 PM
    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.


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  • Green.Tech
    06-27 02:36 PM
    Janak et. al.

    Guys, please read what people are asking for before you insert your smart ass comments and start preaching. No one is talking about saving money. People are just trying to know which photos are acceptable to USCIS.

    Get a life man!

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  • dharmesh.pariawala
    01-31 10:21 AM
    If they're asking for 150% more money, is the service going to be 150% better too??? Are we going to get our forms processed 150% faster too??

    Since USCIS calls itself a "customer-focussed" organization, I certainly hope so...
    I agree that retrogression problem has nothing to do with this and increasing 150% fees will not process your application 150 times faster. But atleast when we are eligible to file 485, this could take a less time than it does takes right now. Even a one month earlier processing could be very helpful. Quality of service is directly dependent on the resources available and that is dependent on the funds.

    I believe this will process the pending application faster than currently it takes.


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  • pkjena
    08-01 10:40 PM
    USICS Memo on this is too good for a change. From where did Murthy get the Q & A ? Is it from here ?

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  • anilsal
    07-06 10:35 PM
    Guys, stop insulting each other. There is no need to add misery and amnesia on each other. I am sure we will all reach our destiny in the end. Just make the journey courteous and smooth.


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  • naveenkprasadam
    04-13 12:35 PM
    I got this crazy ideas earlier this week something like hiring a billboard space or some advertisement space in a popular newspaper.But this one is pretty sophisticated.

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  • niidawg3
    01-26 09:32 AM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...


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  • nixstor
    06-19 11:16 PM
    common guys why are you making it as bigger issue.

    All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
    Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.

    Take it easy now and ACt after 6 months of filling 485.

    Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.

    I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.

    Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?


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  • pdakwala
    02-03 10:00 PM
    Please read on:

    Meeting Notes :
    Meeting with Lauren Hole, Field Representative of Rep.George Miller (Concord).

    A group from CALIFORNIA Met with Lauren. She was not aware of the EB based GC process. So we updated her on the process and the issues. She patiently listened to us for an hour. She said she would bring it up with her counterparts in Washington, but was not sure if she would be heard on this. When asked what we could do to make us heard, she said " Just continue what you are doing.. Contact your local Congress persons".

    Meeting with Luis Quinonez and Pepei Yu, Field Reps at Rep. Barbara Lee ( Oakland).

    This meeting went very well, because both of them knew very well what the issues are with the Labor BECs and with the Retrogression. They also knew about all the bills around the immigration. They had gone through the IV web site and also the brochure.

    They were very sympathetic to our cause and said "Barbara Lee is on your side. And we understand all your problems and we are with you in asking for these reforms". They gave us some specific action plans:

    Get a few people who live in Oakland to write to B.Lee's office stating that :
    They live in such and such address (should be within the Oakland congressional district)
    Their case details with case number.
    That they represent Immigration Voice which has several x number of members who are similarly affected.
    State our cause (goals) and request that Rep. Barbara Lee should please consider / vote favorable for our case.
    Pepei Yu mentioned that if they get these letters, it gets filed and entered into a database and is seen by the Congresswoman. So, we have to draft the letter and get about 10 �20 people in the Oakland Congressional District to do this. Please get your contacts or friends to do this.

    Pepei Yu also educated us that the Congressman / woman can only look into matters of their own Congressional District . It is considered federal felony if they engage in interests of other dicstricts. So she said it is very important that we get people to appeal to the Congress person of their own district. The Congress person they should contact is the one that governs the place where they live (not the place where they work). She suggested that we make a template of the letter and use it across the country replacing our names and the Congresspersons name as appropriate. Both Luis and Pepei stroingly encouraged us to do this across the country and mentioned that this was a sure way of reaching out and making our voice heard.

    3. They were very helpful and suggested that we keep in contact with them to monitor these issues. They also offered to let us know when they may have someone from the USCIS or other such Immigration related authorities addressing open forums.

    They strongly suggested that we get in touch with Senator Feinstein (they provided a contact) and also get in touch with every congress person in the area (Bay Area) � esp those that are Moderate Democrats. The thinking was that it may be easier to get the moderates over to our view point rather than people who are totally against immigration.


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  • Soul
    02-07 09:17 AM
    Hey Kit, at work?

    Who did you vote for? :moustache

    - Soul :goatee:

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  • arc
    09-04 07:19 PM
    Guys what airline could one fly from San Jose? Which one have best connecting times so one can reach and leave at decent time? which airport is close?

    Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?


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  • help_please
    07-13 06:24 PM
    By the way, AILA reports the bill numbers for the Dream Act as follows (the bills were introduced in both house and senate)...S. 774 and H.R. 1275...it doesn't mention anything about being below 30, z visas, or being undocumented...!!!

    01-27 12:11 AM
    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    No problem these bonds etc clauses are unenforcable in court and
    only act as deterrant against people leaving. Its a dog that barks not bites.
    So you can sign and start working. Even teh good consultant have these types of clauses.

    Mine one also had that , however they were good employer

    07-17 02:01 AM
    but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)

    All all this does is to push the bottleneck further down the pipeline.

    the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending

    Sorry I dont share the enthusisam


    of course it's a band aid
    important to maintain perspective.
    the fight is not over, whatever happens tomorrow.
    our goals remain to be met and we must continue this work.

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