bluesky1
10-04 11:23 AM
This is really good news! I hope we all get cashed and receipted soon!
Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
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piyushvora
02-10 05:11 PM
I just contributed $20 via paypal.
mirage
03-06 04:31 PM
And worst is the lottery...What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.
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cal97
11-07 07:11 PM
SJ,
o Yes, mine is a NSC->CSC->NSC transfer case.
o I spoke to an IO at NSC around the last week of October and she told me she is going to schedule it, but was a little apprehensive as I trashed some mail without going through it properly (so that was my fault). My main intention on getting an infopass appointment was to make sure that I did not miss any scheduled appointment, which was confirmed by the IO.
o My case was recd. at NSC on 9/21 (Not sure when CSC transferred it). My Notice date is 9/10 if that helps.
o Not sure what you mean by "What is FP data?", did you mean "date" instead of "data" ? If so, I don't know. All she told me was I was in the queue, which I am assuming is their internal queue.
Hope this helps.
hi cal97,
Are you a CSC-NSC transfer case?
Are you telling that FP was already sceduled even before you went for Infopass?
Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
Thanks a lot
SJ
o Yes, mine is a NSC->CSC->NSC transfer case.
o I spoke to an IO at NSC around the last week of October and she told me she is going to schedule it, but was a little apprehensive as I trashed some mail without going through it properly (so that was my fault). My main intention on getting an infopass appointment was to make sure that I did not miss any scheduled appointment, which was confirmed by the IO.
o My case was recd. at NSC on 9/21 (Not sure when CSC transferred it). My Notice date is 9/10 if that helps.
o Not sure what you mean by "What is FP data?", did you mean "date" instead of "data" ? If so, I don't know. All she told me was I was in the queue, which I am assuming is their internal queue.
Hope this helps.
hi cal97,
Are you a CSC-NSC transfer case?
Are you telling that FP was already sceduled even before you went for Infopass?
Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
Thanks a lot
SJ
more...
maag
06-07 01:57 PM
It is easier said than done. When you are entering you are at the discretion of IO and you do not know all the laws. In this particular case, the people tried to convince IO that they were planning to let canada PR go once they receive US GC but the IO was determined to revoke their AOS. So there is nothing really you can do at that point in time.
I agree, I can't put everything on stake to get canadian PR which I am not sure if I will use later or not.
I agree, I can't put everything on stake to get canadian PR which I am not sure if I will use later or not.
velan
07-20 11:08 AM
It is safe giving money to core through IV. If yes, I will pledge $100. Please let me know the details.
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Imigrait
01-30 02:42 PM
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
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sanprabhu
02-15 03:25 PM
ID - 4GJ15926BN616724N
$50 donation.
From a longtime sustaining member
$50 donation.
From a longtime sustaining member
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Cheran
11-21 06:10 AM
I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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franklin
07-09 11:46 PM
Please do find if U need permission from local law enforcement before holding the protest.
Yes, we have already initiated this process.
Vsach and all those interested in coming or organizing. The effort is being led by the Northern California State Chapter - please join up for more details (in sig)
Yes, we have already initiated this process.
Vsach and all those interested in coming or organizing. The effort is being led by the Northern California State Chapter - please join up for more details (in sig)
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danu2007
07-20 11:34 AM
pledging $100
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Googler
06-08 04:30 PM
How are you guys seeing these check images? Did you pay for this out of your own pocket?
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diptam
07-02 02:01 AM
CURRENT employment letter they will give in 10 mins....
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
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Macaca
07-08 06:13 PM
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
more...
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desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
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diptam
06-27 12:08 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
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
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
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
more...
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bkarnik
02-11 01:13 PM
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prince_waiting
07-20 07:32 AM
I pledge 200 USD; a small salutation to a great act.
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fundo14
05-30 10:43 AM
I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:
1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.
2. Locate the medical insurance office and obtain your medical insurance card.
3. Go to the post office and obtain a PO box.
4. Open a bank account. Use the PO box address as mailing addres.
Good luck.
Marty,
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.
2. Locate the medical insurance office and obtain your medical insurance card.
3. Go to the post office and obtain a PO box.
4. Open a bank account. Use the PO box address as mailing addres.
Good luck.
Marty,
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
walking_dude
06-28 01:46 PM
Thanks gc28262 for your contributions to this drive. I request others to pitch in as well. We can discuss the nitty-gritties till we bleed. But that won't achieve anything. It will not stop the minformation being spread. We have to collect enough evidence and present it to the media. 4-5 job ads is just the beginning, we need a collection of few hundred to prove this is the prevalent trend.
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.
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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