SunnySurya
08-29 01:51 PM
Yes, I do have an update. See my posting the Lawsuit thread.
Any update on your lawsuit?
Any update on your lawsuit?
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zoooom
07-19 08:50 PM
$100 from me.
Rahul :)
Thanks!!
Rahul :)
Thanks!!
gcspace
09-12 07:56 AM
My wife's application filed on July 16th NSC, signed by R. Pitcher, no receipts/no Checks cashed yet.
My I140 is from TSC. So may be it got transfered there.
My I140 is from TSC. So may be it got transfered there.
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zoooom
07-20 11:42 AM
pledging $100
Thanks a lot...will let you know once all the details are known.
Thanks a lot...will let you know once all the details are known.
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senthil1
07-07 09:24 PM
This reply shows that because no visa is available they cannot accept the applications. If courts find any mistake Judge may order to correct the procedure. It is tough for courts to order USCIS to accept I485 when Visa number is not available. In case court dismisses the lawsuit then DOS and USCIS will make those happenings in July as a precedence. It needs to be seen how the drama unfolds
On CNBC:
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
On CNBC:
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
fetch_gc
10-16 10:01 AM
Hi gcspace,
I'm still waiting for I485/765/131 receipts from NSC, filed on July 16th@11.16 am, signed by F.HEINAUER.
Today is the 91st day and I do not know how many days we need 2 wait.
I'm still waiting for I485/765/131 receipts from NSC, filed on July 16th@11.16 am, signed by F.HEINAUER.
Today is the 91st day and I do not know how many days we need 2 wait.
more...
buddyinsd
02-08 05:56 PM
To know something is good (following news of one or more countries) so we can decide whats better. Seems like u have misinterpreted that or thinking too much to go on to say its "attachment" ha ha ha
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
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tonyHK12
02-02 11:02 AM
to create forum like this and get people who complains about India and slowly work on fixing it one by one.
Good luck finding volunteers and donors!
Good luck finding volunteers and donors!
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akhilmahajan
02-11 04:36 PM
Bump...........
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bombaysardar
05-27 11:51 PM
We are in AOS stage and planning to do Canadian Landing next month. Any one here knows if we have to surrender our I-94 when we exit the USA?
Thanks!:)
Thanks!:)
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unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
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avi_ny
09-04 03:39 PM
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
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americandesi
04-22 02:21 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
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minimalist
07-27 12:16 AM
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
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samrat_bhargava_vihari
06-12 01:21 PM
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
No it shouldn't take that long... some of my friends got it in 2 weeks couple of months back. First time we should get it soon .. renewal only takes time.... I am not sure how long it will take for us, it dependes on their work load also.
No it shouldn't take that long... some of my friends got it in 2 weeks couple of months back. First time we should get it soon .. renewal only takes time.... I am not sure how long it will take for us, it dependes on their work load also.
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jonty_11
12-15 12:30 PM
Not sure, if we should comment ....its abt illegals ...we may contact the Author to publish something abt us Legals also.
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CADude
08-14 02:58 PM
I think you will OK. Please wait couple of more days. :) TSC is slow in receipting...
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
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EADplease
09-20 04:13 PM
I just called USCIS. The woman was polite but she told me there is nothing she can tell me since it is still within 90 days and she cannot tell me the receipt number. :mad:
I gues it depends on who you talk to.
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
I gues it depends on who you talk to.
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
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aquarianf
04-24 11:18 AM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
bobzibub
07-08 12:13 AM
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
sam_gada
07-11 02:52 PM
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.
- Sampath Gadamsetty
- Sampath Gadamsetty
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