Thursday, June 30, 2011

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  • arunkotte
    07-02 09:53 AM
    all USPS shipped Guys
    Any idea, can we get information any info from the USPS of Lincoln, NE when would they deliver our packages ?


    They say this " Information, if available, is updated every evening." I guess we have to wait till the update to know when it was delivered.




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  • Lasantha
    07-02 09:32 AM
    will they throw it out because it reached in July? Oh well, just have to wait and see...

    I don't think so. I see lots of posts on this thread where the packages were actually accepted by NSC today. So you should be good. :D




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  • buddyinsd
    09-01 01:56 PM
    Congrats...Was there an LUD on 21st Aug on ur EAD and 485?




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  • simple1
    05-08 02:31 PM
    we are talking about inclusion logic here. Not the exclusion logic.

    I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.

    I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.

    Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?

    Again like I mentioned before you can archive the same goal (which you care about) via a different approach.



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  • ganguteli
    03-07 01:02 PM
    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.

    This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.

    We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.




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  • desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • perm
    05-03 08:51 AM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm




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  • yabayaba
    08-31 05:38 PM
    I belongs to TSC category but my lawyer sent my application to Nebraska.When I check the status online, says "case received in TSC"!! but Only the AP and EAD Checks are cashed. The I485 & FP checks are not yet cashed. Do any one come across like this?.

    ----
    PD: July/06/2004
    AP&EAD Checks Cashed: Aug/29/2007



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  • delax
    07-30 09:52 AM
    Receipt Date - July 22, 2008
    Notice Date - July 23, 2008
    EAD Renewal for Self and Spouse
    But guess what! When I enter the Receipt # in the online case status it gives me a message that the Receipt # is not valid. Will wait a week or so before making any calls.




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  • simple1
    05-01 02:35 PM
    This is my understanding. Please take time to read INA, I485 application and current VB.

    1. The category of the derivative and quota of derivative is not related to I485.

    All that matter at the time of derivative I485 application is the
    a) primary's priority date is current
    b) primary's I485/AOS application pending.

    read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"

    Gurus, Forum-Attorneys, IV-Core, feel free to correct me.

    2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.


    There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.



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  • tonyHK12
    02-16 11:13 AM
    thanks bikram_das_in, raghav0, rkg000. c'mon everybody, still 45K to go...

    Total Contributions...........$5,075.00
    Amount to be raised.......$44,925.00
    .




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  • MeraNaamJoker
    08-26 09:25 AM
    No approvals today? Whats going on???


    The month is nearing its end.

    Now major set of approval will happen only on Next month, which again starts with a long weekend.



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  • jonty_11
    04-10 02:36 PM
    Thats what exactly I have been asking.

    ANyone done landing and returned to US with AP....???

    I have more or less given up on the Can PR.




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  • cjagtap
    11-21 10:17 AM
    Sreeanne is correct. We had one friend who died in 9-11 and his wife and kid got visa to stay back for few years until she finished her paperwork. Plan for 2-3 options for your family, and just dont depend on continuing GC.



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  • sankap
    07-10 12:35 PM
    @desi3933:
    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140

    That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.


    2. New job is bonafide

    Where did you read that requirement? Assuming, again?

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop

    A self-employed business is always real.

    2. Business Plan, Funding to support employees
    A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

    3. Any contracts, orders etc
    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • sanjay
    02-14 02:15 PM
    Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW


    @buddyinsd

    I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?

    Well, every one had choice to be opinionated and I posted what I think think of Narendra Modi. Why, are people so crazy, that they start posting ( BS ) comments with red marks on post.

    Not that I give damn about red color, but remarks and PM are unwanted.



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  • NKR
    04-23 09:26 PM
    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.

    Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.

    When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.

    "Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.


    Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.




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  • nag2007
    03-25 04:14 PM
    I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.

    but some were lucky people got it quickly because they could cut lines.

    Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.




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  • ramaonline
    05-11 12:30 PM
    On h1b u can start any business as long as the investment is passive. (something like investing in stocks, real estate etc) You cannot actively work for your business. The same applies to h4.




    Kodi
    07-31 02:08 PM
    Are AP's being approved faster ?
    When did you apply ?

    USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.




    ThanksIV
    12-08 04:22 PM
    Sorry to hear your situration, but don't lose hope, miracle will happen to good people.



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