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  • BharatPremi
    11-21 09:18 PM
    Mehul

    I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.

    I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.

    I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.


    Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
    Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.




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  • anzerraja
    07-19 08:37 PM
    Could you please update your pledge amount here, so that it is easy for us to keep track of the amount.

    ^^^^^




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.




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  • gccovet
    02-09 02:10 PM
    Folks,
    We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...

    Keep it going.....

    GCCovet.



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  • alterego
    03-07 03:54 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.

    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.




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  • petepatel
    07-21 07:52 AM
    Priority Date - Nov 2004
    EAD Renewal Mailed - July 1, 2008
    Received by USCIS - July 3,2008
    LAST LUD - July 8, 2008

    :D



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  • GCStatus
    09-14 04:19 AM
    No single person can do this alone. A big group like IV should / must sue USCIS.

    Welcome aboard Friend - We certainly are




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  • pappu
    06-20 10:43 AM
    Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.



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  • kumarc123
    05-08 03:47 PM
    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?

    We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.


    Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big


    Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.




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  • bobby
    07-09 11:56 AM
    So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use


    PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
    HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips

    Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
    Refer to the article in the body of your email. For example
    You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
    After this, you can say that please refer to the attached press release for more information
    Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
    There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
    Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.

    Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)

    Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.






    Posted on Bender's Immigration Bulletin http://www.bibdaily.com/



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  • gauravster
    11-17 05:53 PM
    Done..




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  • jindhal
    09-23 05:09 PM
    Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.

    Porting is a right justice served. Of course, not everybody are eligible for that.

    You are entitled to your opinion on this matter and so am I. Nobody is asking you to throw away all the merit earned in eb3 you get to keep your priority dates in the eb3 category. That way if eb3 ever becomes current you still get your green card.

    The other point that I am trying to make is that the core keeps complaining about how the IV members do not help in advocacy and in any grass root efforts, I am not sure about the other eb2 applicants but I think I can safely say that for most of them, the IV agenda items are geared towards helping the entire EB legal immigrant community but when it comes to porting the entire IV community (including the core) condones anyone who supports porting and lashes out at anyone who doesnt which just makes me believe that this is more like an IV - EB3 rather than just IV.



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  • apt29
    01-29 05:42 PM
    thanks for the reply but i already accepted the employment with the employer who sponsored my H1B

    H1 is valid for an year from the date of last used/Approval.




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  • gc_vbin
    11-18 04:16 PM
    Done.. Got response from Michael Bennet..not an auto response but an email.



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  • gc_eb2_waiter
    11-30 03:51 PM
    Please check your message.




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  • Desertfox
    05-23 04:34 PM
    Sent email to 2+10 senators.



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  • jessie1981
    06-12 03:51 PM
    used to be at most 90 days. If not u could have gone to ur local office and get temp EAD. It changed no more temp EAD. You r at the mercy of USCIS.

    what can u do if u still have no EAD after 3 months? Endless waiting?




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  • nashim
    06-02 08:44 AM
    Please share your experience, if any one come across this situation




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  • kdprasad
    08-13 08:01 PM
    My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.

    My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.

    I have not seen the notices yet so I dont know what the notice dates are.

    Did the checks got cashed. ???




    kumar1
    01-30 02:03 PM
    Stop spreading wrong information desi!!

    let me add my 2 cents here -

    1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
    2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
    3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
    4. Within 30 days of start working, person should get his/her first paycheck.
    5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
    6. 3/10 year bar applies for illegal presence and not for out of status.

    Good luck.

    ____________________
    not a legal advice.
    Us citizen of indian origin




    franklin
    07-10 03:42 AM
    nobody has talked about a rally in LA... maybe infront of the Federal building in Westwood... I can initiate if I have couple of more volunteers to help me. If we have this rally on July 28, we will have ample time to arrange for people, etc...

    I suggest you join the SoCal state chapter, they seem to be interested in doing something as well



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