Friday, June 24, 2011

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  • navyug
    02-12 05:31 PM
    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....

    Keep all email correspondences....You can infact make him pay dearly for harasement...





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  • Lisap
    08-22 12:08 PM
    So the attorney sent the package before you were actually current?





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  • sanju
    09-09 12:11 PM
    On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
    Thanks
    Rahul

    This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".

    But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.





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  • nozerd
    12-24 09:59 PM
    Pappu it is sad situation. I know of one Junior who I myself hired for the job and who is 4 yrs my Junior and reports to me get green card because he is EB3 but not India/China



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  • daflyboy04
    07-17 09:53 AM
    hi people, i read all your comments about how the IV community feels about the DREAM Act, and how you guys dont know if it will benefit the children of legal immigrants that fall into a similar situation. Well i got good news for you people, i am a staff at Massachusetts Immigrant refugee advocate coalition and we had a talk with couple of staff from senators Hagel, and senator Lugar to confirm us which version of DREAM were they doing to introduce this week which most likely could be today or tomorrow. both staff members were positive that the version that will be introduce as an amendment to the defense bill will be word by word identical to S. 774 that was introduce early this spring. what this actually means is that this version of DREAM does not discriminate legal from illegal...... just wanted to clear all that out for you guys..... thanks





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  • BharatPremi
    03-24 03:24 PM
    http://immigrationvoice.org/forum/showthread.php?t=5482



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  • rkotamurthy
    08-28 01:20 PM
    I am going to DC to participate in the Rally and meet Lawmakers. I know atleast half a dozen others from California who are going to DC. I think is your only chance to get your voice heard in the corridors of power.





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  • lc1978
    04-22 10:57 AM
    Just wrote to white house and to my senator.
    Thanks n appreciate for initiating.



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  • gc28262
    02-21 07:59 AM
    Have LCA for the current location also handy.





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  • rav18
    06-24 03:30 PM
    Check your PM. This is what i sent.

    Can you please share the letter? I am looking for a sample format.

    Thanks



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  • wa_Saiprasad
    03-22 07:18 PM
    bump





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  • qplearn
    12-20 11:23 AM
    Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.



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  • eb_retrogession
    04-01 07:03 PM
    Faxes sent.

    Thanks everyone for your hardwork.





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  • peacock
    07-19 10:33 AM
    Hi
    You can skip skin test and just straight away get a Xray done.
    Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .



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  • glus
    12-28 09:48 PM
    Anyone invoking AC21 with unapproved I-140?


    It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.

    Hope it helps.





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  • GoneSouth
    01-31 11:52 AM
    USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.

    - gs



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  • bobzibub
    02-01 02:25 PM
    OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)





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  • waiting4gc
    07-02 03:39 PM
    About 8K, filed initially in EB2RIR, then in perm.





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  • optimystic
    10-23 08:48 PM
    Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
    Even if its not cleared, you would have surely crossed 180-day barrier, yes?
    I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.

    I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.

    Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.

    I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.





    USDream2Dust
    04-08 03:04 PM
    They didn't mentioned it in the press release though..

    But this is USCIS. To calculate 21605-20000 they need full business day. Jokes apart they haven't mentioned. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. I could be wrong.





    gc_on_demand
    11-21 12:12 PM
    http://www.change.gov/agenda/immigration_agenda/

    bobzibub

    You can post there and if you live in California 16th Dist you can call Zoe' office and find out she is willing to bring HR 5882 to floor in Jan 2009.

    Any body is here from California 16th Dist ? Please PM me...



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