bestia
01-26 08:51 PM
Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
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paskal
07-13 11:16 PM
Hi everyone,
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
gapala
02-21 12:03 PM
Bujjigadu123, do not forget to graciously ask him,
1) What is this appointment for visit about?
2) What is he going to do with the information that he is collect from you? Specifically when he collects personal and sensitive information.
3) You should ask if its possible to meet at workplace or somewhere else other than home.
I would not be comfortable meeting unknown people specifically at home with a single phone call, its not safe too.
1) What is this appointment for visit about?
2) What is he going to do with the information that he is collect from you? Specifically when he collects personal and sensitive information.
3) You should ask if its possible to meet at workplace or somewhere else other than home.
I would not be comfortable meeting unknown people specifically at home with a single phone call, its not safe too.
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tonyHK12
10-28 09:34 AM
Yes... benchmarking is good (in many things as you suggest quality, corruption, infrastructure etc.)... but absolutely not in everything as you suggest, some things just aren't comparable given some micro-economic conditions. Further, doing so would also encourage the mindset of aping the developed countries in every department. Remember the India that we see has gone through hundreds of social and economic cycles over thousands of years. It is not a nation that came to being a few hundred years ago and was a developed country (in current terms) many times in the past.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing.
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. .
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
If one learns history then one also learns not to just take a slice of it for generalization! A holistic view of what happened in the past globally and our current state makes one realize the hidden riches and clear shortcomings in any nation. One need not level out it's hidden riches to clear the shortcomings !
Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
we always manage to get things done. There are a lot of unseen riches that are not realized completely.
we should defenitely avoid aping the west, but pick the good stuff out of it.
being open minded and having freedom of expression is good up to a certain point!
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing.
There is freedom and education even in India, I agree infrastructure needs improvement.
India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. .
This time is different, I do work in the financial industry.
I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
There are not many bubbles left to create, and the debt was never this high.
The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.
more...
lazycis
11-30 06:35 PM
When is this name check reform getting implemented. Why is is so difficult to implement ?
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)
vrbest
08-25 10:44 AM
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
more...
baburob2
05-22 04:46 PM
Guys,
I am trying to mock the bill. Cant we take a joke?
I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.
Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.
But dont let your hopes down because of a sarcastic comment on the bill. Take it as a joke or ignore it.
plz don't make jokes of that nature. lots of hopes/prayers/hard work are put in your direction. wouldn't like you guys to loose focus or hope. fight till the end.
I am trying to mock the bill. Cant we take a joke?
I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.
Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.
But dont let your hopes down because of a sarcastic comment on the bill. Take it as a joke or ignore it.
plz don't make jokes of that nature. lots of hopes/prayers/hard work are put in your direction. wouldn't like you guys to loose focus or hope. fight till the end.
2010 love and hate poems. Love and Hate in Burma - A Poetry Protest. On
svr_76
03-11 07:07 PM
My friend - the list provided the consulate is a list that is now being asked after thoughtful deliberations. Consulates do not fall easy prey to petty politics of local (US) congressmen or Senators.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
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acecupid
05-31 02:06 PM
Voted and posted a comment as well.:cool:
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immig4me
11-03 11:52 AM
Dug the hole for 8 years, expect prosperity in 18 months!!!!
we can argue both ways, democratic party was not rejected because of the economic mess, even today lot of voters are angry at bush for the mess, the issue here is WH is completely out of touch with the main street, why spend 2 years on health care when ppl dont have jobs to afford basic necessities, the less we talk about stimulus the better, ppl dont like someone who don't listen and arrogantly say what ever they do is for the good without showing any progress (hmmm, reminds me of bush but hell dint we vote for change?) or say voters are ignorant,
bush is not the whole problem, democrats are in the majority since 2006 and look at the deficits since then, wars costed US trillion dollars which is less than annual deficits under the current president, i agree he does not own the deficit problem completely but he dint help to fix it either, bush dint sign "glass-seagall" act which caused the whole mess in the first place, clinton was the one who pushed the initiative "housing to minorities" and his administration wanted to push it through freddie and fannie and the rest is history,
point is demonizing one of the parties is not going to help, both contributed to the mess and neither of them has bigger share
You are missing the point! Vedicman is presenting the case that expecting things to be on the upswing in 18 months is not realstic!
As for what this administration has done read Lincoln Mitchell: What Really Happened Tuesday Night (http://www.huffingtonpost.com/lincoln-mitchell/what-really-happened-last_b_778052.html).
On a second note, it is easy to sit in any position and criticize the president (this applies to bush too) however, what this president is doing is far better in the long run for this country (if we decide to stay) than any other potential candidates.....
Also saw your wish of Obama loosing in 2012 - assuming he ran and his opponent will either be Sarah Palin or Newt Gingrich - just thinking of it gives me shivers! chills! cold! cough! and high fever! (if not more) I urge you to think twice before you wish for something.
This is all politics....lets forget that....everyone in this forum are in the same boat and the fact is for our issues we need both houses of congress and parties to support - so lets work on it.
we can argue both ways, democratic party was not rejected because of the economic mess, even today lot of voters are angry at bush for the mess, the issue here is WH is completely out of touch with the main street, why spend 2 years on health care when ppl dont have jobs to afford basic necessities, the less we talk about stimulus the better, ppl dont like someone who don't listen and arrogantly say what ever they do is for the good without showing any progress (hmmm, reminds me of bush but hell dint we vote for change?) or say voters are ignorant,
bush is not the whole problem, democrats are in the majority since 2006 and look at the deficits since then, wars costed US trillion dollars which is less than annual deficits under the current president, i agree he does not own the deficit problem completely but he dint help to fix it either, bush dint sign "glass-seagall" act which caused the whole mess in the first place, clinton was the one who pushed the initiative "housing to minorities" and his administration wanted to push it through freddie and fannie and the rest is history,
point is demonizing one of the parties is not going to help, both contributed to the mess and neither of them has bigger share
You are missing the point! Vedicman is presenting the case that expecting things to be on the upswing in 18 months is not realstic!
As for what this administration has done read Lincoln Mitchell: What Really Happened Tuesday Night (http://www.huffingtonpost.com/lincoln-mitchell/what-really-happened-last_b_778052.html).
On a second note, it is easy to sit in any position and criticize the president (this applies to bush too) however, what this president is doing is far better in the long run for this country (if we decide to stay) than any other potential candidates.....
Also saw your wish of Obama loosing in 2012 - assuming he ran and his opponent will either be Sarah Palin or Newt Gingrich - just thinking of it gives me shivers! chills! cold! cough! and high fever! (if not more) I urge you to think twice before you wish for something.
This is all politics....lets forget that....everyone in this forum are in the same boat and the fact is for our issues we need both houses of congress and parties to support - so lets work on it.
more...
willwin
06-05 02:40 PM
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
Rapid movement helps only two categories of people.
1. People on the 485 queue who have plenty of luck to get their application picked up for approval as it happened last July-August.
2. CP guys.
Rapid movement helps only two categories of people.
1. People on the 485 queue who have plenty of luck to get their application picked up for approval as it happened last July-August.
2. CP guys.
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cagedcactus
04-16 03:17 PM
The experience would have to be before the labor filing, in order for it to count. I suggest that you should talk to 3-4 attorneys and get the best possible approach.
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same_old_guy
05-15 02:08 AM
Contending that the H-1B visa programme is being abused to displace qualified American workers, two US lawmakers have asked nine foreign-based firms, including some leading Indian companies that used 20,000 of such visas, to disclose details about their workforce and their use of the special programme.
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
http://timesofindia.indiatimes.com/US_asks_Infy_Wipro_to_explain_use_of_H-1Bs/articleshow/2046743.cms
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
http://timesofindia.indiatimes.com/US_asks_Infy_Wipro_to_explain_use_of_H-1Bs/articleshow/2046743.cms
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sabkaNumbrAaga
06-01 12:01 PM
Try hard like you used to do during your school days...trying to get one of those first 3 ranks in class....:pVote yes...get a better rank and lesser wait times for your GCs.....Good Luck....:)
more...
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alwayson
01-25 09:42 AM
LINK (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/immigration-fraud-hundreds-of-indian-students-may-be-deported-from-us/articleshow/7359653.cms)
WASHINGTON: Hundreds of Indian students , mostly from Andhra Pradesh , face the prospect of deportation from the US after authorities raided and shut down a university in the Silicon Valley on charges of a massive immigration fraud .
The Tri-Valley University in Pleasanton, a major suburb in San Francisco Bay Area, has been charged by federal investigating authorities with being part of an effort to defraud, misuse visa permits and indulge in money laundering and other crimes.
According to a federal complaint filed in a California court, the University, which was raided and shut down last week, helped foreign nationals illegally acquire immigration status.
The university is said to have 1,555 students. As many as 95 per cent of these students are Indian nationals, the complaint said.
Investigations by Immigration and Custom Enforcement (ICE) found that while students were admitted to various residential and online courses of the university and on paper lived in California, in reality they "illegally" worked in various parts of the country as far as Maryland, Virginia, Pennsylvania, and Texas.
ICE has called it as a "sham university." The ICE investigations found that more than half of these students were reported to be residing in a single apartment located in Sunnyvale California.
During the course of the investigation ICE found that the university gave the residential address of its students in order to conceal that they did not live in California, said the court papers.
For a student to maintain an active immigration status, they must show proof that they are making reasonable process towards completing coursework and physically attend classes.
Federal investigating authorities are now sweeping out on each of those students, who paid lakhs for obtaining students visa and also students work permit.
Several of them have been interrogated, creating a panic reaction among the Indian student community.
Many of the students from Andhra Pradesh, who were planning to join the university for the new semester, have cancelled their US travel plans.
Classes were scheduled to start on January 10 after the winter break.
It is understood that many of these students are planning to leave the country as soon as possible as they are being interrogated.
There are unconfirmed reports of some of the students being detained and deportation process has been started against them.
Once the university has been shut down, the students who come on F-1 visa, lose their status within a stipulated time. These students have been making desperate calls to Indian- American immigration attorneys.
"We have received verification that ICE has detained some of the students and placed them in removal proceedings," Murthy Law Firm, a popular immigration attorney firm among Indian-Americans, said in a posting on its website.
On January 20, 2011 the Murthy Law Firm received numerous phone calls from students registered at Tri-Valley University in Pleasanton, California, it said in its posting.
WASHINGTON: Hundreds of Indian students , mostly from Andhra Pradesh , face the prospect of deportation from the US after authorities raided and shut down a university in the Silicon Valley on charges of a massive immigration fraud .
The Tri-Valley University in Pleasanton, a major suburb in San Francisco Bay Area, has been charged by federal investigating authorities with being part of an effort to defraud, misuse visa permits and indulge in money laundering and other crimes.
According to a federal complaint filed in a California court, the University, which was raided and shut down last week, helped foreign nationals illegally acquire immigration status.
The university is said to have 1,555 students. As many as 95 per cent of these students are Indian nationals, the complaint said.
Investigations by Immigration and Custom Enforcement (ICE) found that while students were admitted to various residential and online courses of the university and on paper lived in California, in reality they "illegally" worked in various parts of the country as far as Maryland, Virginia, Pennsylvania, and Texas.
ICE has called it as a "sham university." The ICE investigations found that more than half of these students were reported to be residing in a single apartment located in Sunnyvale California.
During the course of the investigation ICE found that the university gave the residential address of its students in order to conceal that they did not live in California, said the court papers.
For a student to maintain an active immigration status, they must show proof that they are making reasonable process towards completing coursework and physically attend classes.
Federal investigating authorities are now sweeping out on each of those students, who paid lakhs for obtaining students visa and also students work permit.
Several of them have been interrogated, creating a panic reaction among the Indian student community.
Many of the students from Andhra Pradesh, who were planning to join the university for the new semester, have cancelled their US travel plans.
Classes were scheduled to start on January 10 after the winter break.
It is understood that many of these students are planning to leave the country as soon as possible as they are being interrogated.
There are unconfirmed reports of some of the students being detained and deportation process has been started against them.
Once the university has been shut down, the students who come on F-1 visa, lose their status within a stipulated time. These students have been making desperate calls to Indian- American immigration attorneys.
"We have received verification that ICE has detained some of the students and placed them in removal proceedings," Murthy Law Firm, a popular immigration attorney firm among Indian-Americans, said in a posting on its website.
On January 20, 2011 the Murthy Law Firm received numerous phone calls from students registered at Tri-Valley University in Pleasanton, California, it said in its posting.
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makemygc
08-10 12:15 PM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Only person who is making sense here. Good analysis jambapamba.
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Only person who is making sense here. Good analysis jambapamba.
more...
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jsb
08-15 02:22 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
Fedex Receipt shows Sender And Addressee, name, address etc. It does not tell whose application (and what else) is inside. In reality, having Fedex receipt only proves that some package has been been delivered at USCIS, but what is inside, there is no guarantee or proof.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
Fedex Receipt shows Sender And Addressee, name, address etc. It does not tell whose application (and what else) is inside. In reality, having Fedex receipt only proves that some package has been been delivered at USCIS, but what is inside, there is no guarantee or proof.
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alterego
11-02 01:14 PM
Eb3I may nudge forward a little bit. Sadly that won't be very helpful to most folks on this board. Visa recapture is the only thing that can help near term. In the interim, administrative fixes, rule clarifications, USCIS efficiencies in application processings, Data transparency, though not glamorous victories as say visa recapture. Nonetheless make the path somewhat more comfortable and predictable.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
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ugotdude
08-20 09:44 PM
Pls check your PM
sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
somegchuh
12-07 01:59 PM
I see there is a lot of discussion about how one day GOI will have an agreement with US Govt and we will all get benefits of all social security taxes paid. I don't see that happening because India doesn't have a social security system! US does have social security agreements with a lot of countries but those countries have social security programs. US transfers credits and the other govt has to take care of the details. Also, these agreements are always bilateral. India would have to offer some sort of social security or something in return to US nationals working there. I wouldn't get my hopes high about getting social security money if you leave the US before getting 40 credits. In fact even if you do gather the credits ... by the time you become eligible in 30 years things could be drastically different and you may not get a single penny out of it.
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