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  • JA1HIND
    01-27 03:50 PM
    You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)

    p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)

    Thank you once again for your recommendation and trust me I am cloud 9 while reading suggestion by you & "mbartosik"....I just took a close look at my previous documents including pay stubs, signed contracts and my last detail email explaining how much I paid for GC (pay stubs clearly explains) and how much I paid & how I paid for the balance amount...which I sent to HR Manager & cc to CEO ..

    Shame on me I couldn't even remember how much I paid until I saw my last email it was not 7K, the total amount I paid was $7.5K..

    I checked with my current employer(since he is my friend too) & see if there will be any side effects by doing this..& he pretty much said I am at benefit side to for sure win the case since its clearly mentioned in pay stubs, your contract, & your last email which can be add on as supporting documents to help your case winning but I may have to also prepare myself if I had clean record since day one (year 2001) have pay stubs etc., in some cases DOL would be interested to know details from scratch and see if my records are straight even before knocking employer 2 door..

    I know for the fact that I was out of my project when I came to US back in 2001 for 5 months and during that time I was not given pay stubs (it was pretty bad IT market at that time...)and later got into another project & if questioned by DOL for missing pay stubs then I may have to be prepared to answer any such questions.....and it might put me in trouble and

    (2) second item I may have to think about it, after giving my resignation to this 2nd employer I continued to work at the same client on behalf of new employer and that it self is against the contract that I signed which my current employer reminded to me at that time and even now...& and based on that it might back fire on me from 2nd employer and asked me to decide if its worth of fighting or let it go........

    any comments or suggestions please!!





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  • pappu
    01-13 09:49 AM
    You and I have identical PDs.

    Maybe you should get all that have similar PDs as you to do some campaign on IV. Tracking will not get a GC any faster. I believe time can be better spent by doing something together.





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  • saggi13
    02-17 10:25 PM
    i had a GC of a priority date 01-13-2003. Then my employer was kind enough to do one more simultaneous application with a date of 11-15-2004.

    The attorney we were working with at that time exchanged the I140 between apps and he screwed up big time on my 2003. So we had to withdraw both my I140 approved 2003 application and the 11-15-2004.

    Then we had to go back and apply for Perm and start the process again. I spent 5K and my employer about another 5K on 3 apps so far.

    if it is fate on one side it was USCIS on the other, but god was on my side, and hence i am still in this country!!!!

    peace

    p.s - I had updated my original post with the I140 details





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  • adibhatla
    02-20 12:57 PM
    Anil,

    Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.

    adibhatla,

    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    -------------------------------------------------------------------------------------------
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.
    --------------------------------------------------------------------------------------------

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??



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  • hpandey
    04-24 11:40 AM
    I would say another problem is getting the H1 stamped. Ever since they got rid of getting the H1 stamped within US we have to go out of the country to get it stamped and you never know how much time it is going to take. Now due to PIMS delays some people are getting stuck for more than a month and no one can afford such long holidays .

    On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.





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  • met3259
    05-25 12:27 PM
    I was born and lived in Canada for 35 yars - I know what I am talking about.

    First of all - people on umemployment insurance in Canada are counted in the unemployment rate - where ever you got your information from is wrong.

    Second - yes there is racism, I am very sad to say, but I can assure you, that "for the most part", it pales in comparison to any spot in the USA.

    Third - Health Care is not "Free" - you pay higher taxes there, and the government puts it back into the people (vs military in USA). You will not go bankrupt and loose your house if you (or your kids) get sick.

    Fourth - You can live a great comfortable life in Canada. As someone else said, it ranks between 1 & 3 usually every year when the US rates countries based on healthcare, education, standard of living, ...


    Fifth - My brother in law is a Neurologist from Mexico (married my sister), yes he worked for less than Canadian Dr.'s pay rate - BUT, his qualifications where not up to Canadian standards. He worked hard for many years to pass Canadian standard tests. Unfortunaely (or fortunately), OVERALL, Canadian standards are much higher than anything in the USA. We do not have half baked "colleges" where people who can not find their way out of a paper bag graduate from. You must pass these standards/tests/etc...


    Sixth - the overall education level in Canada is much higher than in the USA. We do not have the "ghettos" as in the USA. High school graduation is the norm, not the exception.

    Seventh - the Canadian educaitonal system ranked 7th in the world last year. The USA ranked 28th. Again, the standards and expectations are higher up there. http://www.pisa.gc.ca/81-590-xie2004001.pdf#search='PISA%20results'


    OK - why am I going through US immigration if I love my home - W E A T H E R. I hate the cold - I now live in the LA area. Also, I belive if you have the correct skills, you can live a higher standard of living in the USA, if you measure in terms of materialistic goods only, and are imployed with benefits to ensure you are taken care of if you get sick.


    Conclusion - Canada is a beautiful country. I would encourage all highly educated, good people from anywhere in the world to move there.

    PS - be very careful of "false" info. E.G. - George W. Bush talked about the Canadian pharmacies supplying drugs to Americans. At one point he said that "we don't know how safe" the drugs are. Then, a few months later when flu shots were in short supply, he said " we'll get it from Canada".



    Canada has the stupidest immigration policy from the standpoint of policy maker if you ask me.

    Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.

    Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".

    Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.

    I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.

    US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.



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  • rodnyb
    11-26 03:13 PM
    Labor market has no influence on EB1/2 ROW. Look at DHS historic data (core should look at that as well), EB1+Eb2 ROW is well above 70K every year, even in 2000 recession. My understanding is that they are athletes, managers, PH.D. which rarely change by economic condition. Also past DHS data showed over 10K india EB2 2008. That could be the max we can get per year





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  • Jaime
    05-26 10:35 AM
    Thanks!



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  • gcseeker2002
    12-12 12:57 PM
    Wowowowo .... Eb3 India moved a whole 2 weeks 2 days, i.e., 16 days, i.e. we are 384 hours closer ...;)





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  • saketkapur
    11-21 04:25 PM
    I-485s Not Tracked by Priority Date

    A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.



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  • venky321
    03-03 07:19 PM
    Its probably part of an investigation of your employer. Maybe they finally decided that it wasn't necessary to interview you. But probably best to get back to that guy all the same; talk to ICE directly too.





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  • gc28262
    03-11 10:20 PM
    Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?

    Are any of these happening with you ? If so report to USCIS.
    If not, why do you assume it happens with others.
    Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?

    I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.

    Don't be so selfish.



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  • ruchigup
    08-07 12:44 PM
    Per my last talk 2 weeks back with CSR and IO, NC is pending and application is not assigned to IO

    See my signature below.





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  • coloniel60
    08-16 01:24 PM
    I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.

    I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.

    Don't you agree ?

    USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.



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  • Hello_Hello
    10-29 01:50 PM
    No sir.
    USCIS has been publishing, the total number of application for all kind of services have been falling sharply in last 2 years. This is plain harassment and nothing else. I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
    Just my Honest Opinion.





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  • mirage
    03-11 06:26 PM
    You made an extremely important and valid point here...
    Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.

    See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.

    People are still traveling everyday and getting stamping and no issues at POE.

    Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.

    Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.

    AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.



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  • shivarajan
    06-10 05:11 AM
    Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?





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  • scorpion00
    06-16 11:40 PM
    It does not fall in that category

    Thanks for the quick response.





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  • saro28
    12-28 08:21 AM
    For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
    Appreciate your help





    gc_check
    08-01 10:25 AM
    Folks,

    Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.

    The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )

    One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)

    Good luck guys - chat with you after another 29 days !!

    The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....





    mnq1979
    10-29 04:50 PM
    Thanks for the reply
    I don't have a muslim name. I am a Hindu so as my name.
    Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.

    But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.


    when is ur info pass appointment?



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