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  • sundarpn
    04-20 01:02 PM
    The person looking at this letter might spend like 10 to 15 seconds glancing at it.

    So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:

    Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.





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  • anilsal
    12-24 11:57 PM
    seem to be like the three classes in railways in Asia. First (EB1), Second (EB2) and Third (EB3). So unfortunate. :(





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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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  • anda007
    07-06 10:14 PM
    Let us send this guy some flowers too. maybe it will cure him from his insanity too !!!

    BBBBRrrrrrrrr another idiot

    1) My screen name has nothing to do with the argument here. If we discuss my screen name we are going on a tangent which is very typical of desis (I rememeber womanly taunts in movies and woman gossip where they would pick anything but would niether make a point nor a valid argument)

    so you can see where your argument is going..

    2) Hopefull signifies optimism. A pessimist is an optimist who is very analytical or knows better. Your argument is similar to "And they lived happily ever after ...(after singing around green trees) ...." ignoring the ground reality, facts that no dent has been made and also turninga blind eye to the fact that there are people since 2001/2002 stuck. Its 2007 meaning five years and if the Dept is not willing to budge after all these efforts to a number more than 7000, and you still are HOPEFULL ignoring the facts means that you are an idiot. Yes you will get your GC before you die for sure provided you live upto the age of appx 70 and your consulting firm is around and you are not tired of the bickering with your employer.

    Its just like a Yash Chora SRK movie ...it only happens in reel life and not real life ..

    3) as far as the FT job goes we both knwo it deep within what it means...i hope you are smart enough to get the point and wont make me word it to emabrass you further..

    4) if you would be intelligent enough to shed some light on how kindness and make you get your GC in thsi scenario ...

    just a piece of advise ..STOP BEING DUMB



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  • eilsoe
    02-05 01:58 PM
    WOHOO!!!!! :P:P:P





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  • dilvahabilyeha
    07-27 05:55 PM
    Read the two stories for break.

    THE BEST LAWYER STORY SO FAR

    One afternoon a lawyer was riding in his limousine
    when he saw two men along the roadside eating grass.
    Disturbed, he ordered his driver to stop and he got
    out to investigate.

    He asked one man, "Why are you eating grass?"

    "We don't have any money for food," the poor man
    replied. "We have to eat grass."

    "Well, then, you can come with me to my house and I'll
    feed you," the lawyer said.

    "But sir, I have a wife and two children with me. They
    are over there, under that tree."

    "Bring them along," the lawyer replied. Turning to the
    other poor man he stated,

    "You come with us, too."

    The second man, in a pitiful voice, then said, "But
    sir, I also have a wife and SIX children with me!"

    "Bring them all, as well," the lawyer answered.

    They all entered the car, which was no easy task, even
    for a car as large as the limousine was.

    Once underway, one of the poor fellows turned to the
    lawyer and said, "Sir, you are too kind. Thank you for
    taking all of us with you."

    The lawyer replied, "Glad to do it. You'll really love
    my place. The grass is almost a foot high


    STORY 2:

    Mom comes to visit her son Kumar for dinner.....who lives with a girl
    roommate Sunita. During the course of the meal, his mother couldn't
    help but notice how pretty Kumar's roommate was. She had long been
    suspicious of a relationship between the two, and this had only made her more
    curious.

    Over the course of the evening, while watching the two interact, she
    started to wonder if there was more between Kumar and his roommate than
    met the eye.

    Reading his mom's thoughts, Kumar volunteered, "I know what you must be
    thinking, but I assure you, Sunita and I are just roommates." About a
    week later, Sunita came to Kumar saying, "Ever since your mother came to
    dinner, I've been unable to find the silver plate. You don't suppose
    she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."


    So he sat down and wrote :

    Dear Mother:

    I'm not saying that you 'did' take the silver plate from my house, I'm
    not saying that you 'did not' take the silver plate.. But the fact remains
    that it has been missing ever since you were here for dinner.

    Love, Kumar


    Several days later, Kumar received an email from his Mother which read



    Dear Son:

    I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
    you 'do not' sleep with Sunita. But the fact remains that if she was
    sleeping in her OWN bed, she would have found the silver plate by now
    under the pillow...

    Love,
    Mom.



    Lesson of the day:
    Don't Lie to Your Mother...........especially if she is Indian !

    I am not saying it's a good one and also not saying it's a bad one, but the real fact is, you got nice creativity ;)



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  • LostInGCProcess
    10-26 08:28 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.

    This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?





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  • kart2007
    05-17 12:52 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.

    So I assume you told this to your neighbor who lives downstairs :D



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  • rongha_2000
    07-17 10:02 AM
    Better to get a band-aid than leave the injury open and bleeding.

    I hear what you are saying. I am just saying this is a band aid solution.

    jasquil





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  • indianabacklog
    07-14 02:25 PM
    The dream act is an awesome legislation, my dad was one who sent his application for I-485 and it was received on the 2nd of july. However, due to the July visa fiasco he is stuck like the rest of you guys. My point is rather that I aged out in June 2007 and could not be added with my family, for the month of July. I would receive benefits because this would put me out of status as well...also children of illegals are still children. They are not illegal because they did not choose the right to come here but came without any knowledge. So Please everyone take your time to call your respective senators and email them. You can find the names and numbers of your respective senators on the link below...
    http://capwiz.com/aila2/callalert/index.tt?alertid=10001091

    You are only out of status if you have not applied for an alternative visa category, F1 probably.

    There are various versions of the DREAM act and the most recent one in particular you had to be able to show you did not any legal visa status for being in the US to benefit from it. Majority of children who age out move onto F1 visas which means they have LEGAL status so would NOT benefit.

    Much depends on what version of the act is being put forward.



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  • ujjvalkoul
    07-27 02:55 PM
    I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
    So they call to see if USCIS may be able to lookup their case by Last name or something......





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  • LostInGCProcess
    03-02 03:03 PM
    this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.

    I was just curious to know and the reason why I asked was, if you read all the posts on this thread, one person (sheela) had a similar 'house visit' by an ICE agent...who was asking questions mostly on wire transfers...so, was trying to see if there was any similarity in both the cases?



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  • franklin
    08-31 08:11 PM
    I can help take some stuff - how much is there?

    I would offer to carry the flag, but I have Carpal Tunnel, so it might not be a great idea :)





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  • grupak
    06-12 09:48 AM
    Keep us posted.



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  • alterego
    12-04 04:41 PM
    Why is this good news again?





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  • EndlessWait
    10-02 01:30 PM
    Hi,

    Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.

    Received EADs and APs on Sept 25th from CSC.

    Sept 18th notice received that I-485s have been moved back from CSC to NSC.

    Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.

    When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".

    My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.

    Any other ideas what this all means would be appreciated.

    Seems like a ping pong ball being hit from one center to another with no result
    :(

    recipet notice would keep the 23rd july date..in ur case



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  • abhidos37
    08-22 12:44 PM
    Thanks. Atleast my employer paid the fees. Now hoping that the refile will work.





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  • logiclife
    05-29 04:43 PM
    For those who were waiting for lawyers to confirm our fears that those whose 140 was filed or to be filed after May 21 2007 will be forced to let go of their GC file and use the new points based merit system......you have lawyer's answer.

    And the interpretation of IV core and lawyers is the same. THE INTRODUCTION DATE of the bill is the cut-off date for pending or approved 140s to be allowed under old system.

    Actually their interpretation is that the intro date of bill was May 15th and not May 21 as IV core has stated previously.

    http://www.ilw.com/articles/2007,0530-endelman.shtm





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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005


    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

    I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?


    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.





    Lasantha
    06-17 05:58 PM
    OK! I just gave you two GREEN dots! :D

    Sometimes there were some flaming but it happens. I still have a RED dot against me from Ms Hemione with whom I had an argument about illegals..





    smuggymba
    01-25 03:41 PM
    Who joins a university with this accreditation:

    Tri-Valley University is accredited by International Association of Bible Colleges and Seminaries (IABCS).



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