noriks
11-18 09:08 AM
Thanks.
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BharatPremi
11-21 01:43 PM
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
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
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
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
jonty_11
07-05 06:29 PM
dont give ur return address..jack Bauer may be on ur trail.
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anzerraja
07-19 07:11 PM
ThinkTwice , very valid points.
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Zoom, I appreciate you having started this thread, I have a suggession - Can you please
- give a little back ground as to why we are starting this effort
- The source http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
- Also some one mentioned that Aman was even considering SELLING his house to support OUR cause.
- what we intend to accomplish by this effort
- The manner in which the money that is collected will be admistered ( If this has not been finalized may be just mention that this is WIP)
- what our target is.
If you add all this information in the initial post it will give direction and substance to this effort.
Thanks
TT
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Zoom, I appreciate you having started this thread, I have a suggession - Can you please
- give a little back ground as to why we are starting this effort
- The source http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
- Also some one mentioned that Aman was even considering SELLING his house to support OUR cause.
- what we intend to accomplish by this effort
- The manner in which the money that is collected will be admistered ( If this has not been finalized may be just mention that this is WIP)
- what our target is.
If you add all this information in the initial post it will give direction and substance to this effort.
Thanks
TT
more...
SivaMayam
08-14 09:02 AM
Dear Friends,
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
zeta7
07-22 07:58 PM
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
Hi MSandhu,
Yes, that helps a lot, thanks for the info. I am leaning towards abandoning the card for now; don't think I should risk a trip to Canada again if other options are available such as traveling by car. Plus if I understand it correctly I can get a travel document from the Canadian embassy too for air travel.
Thanks again.
EDIT: I called up the CIC center in Canada just to confirm my options today. The person I talked to said that it's true that to enter by land, you don't need a PR card; however, you will need at least one photo ID issued by a Canadian govt agency such as a drivers license. The landing document alone won't be sufficient as it doesn't have a photograph. She advised that a travel document should be issued easily enough, as long as I've maintained the residency requirements.
more...
das0
06-23 11:20 AM
Can an employer revoke the I-140 after 180 days of I-485 pending?
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bheemi
06-21 02:04 PM
I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
more...
sracharla
08-23 01:04 PM
Yes...LUD on August 8th.
Hi Sracharla,
Congrats on yur EAD.. Did u have a LUD on yur I-140 ???
Thanks,
Hi Sracharla,
Congrats on yur EAD.. Did u have a LUD on yur I-140 ???
Thanks,
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kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
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.
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.
more...
somex
02-22 05:36 PM
I am also frustated with GC process. It is literally controlling my life...
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
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GCWhru
11-30 05:21 PM
I am really sorry to hear your situation...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
more...
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satish_hello
08-28 10:57 PM
any Update?
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vactorboy29
11-21 04:22 PM
I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
more...
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diptam
06-27 12:26 PM
Another clause which dreads me ... "Waiver of Rights"
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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eb3_nepa
08-18 01:30 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Sunny Surya,
With all due respect let me make a couple of observations here.
1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.
2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?
3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?
If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?
One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.
Thanks!
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Sunny Surya,
With all due respect let me make a couple of observations here.
1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.
2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?
3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?
If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?
One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.
Thanks!
more...
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chanduy9
07-05 01:59 PM
If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
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chalamcharla
10-02 09:04 PM
Hello,
Reached I 485 on July5th ,9:17a.m to NSC and signed by R.WILLIAMS.
Checks Not cashed yet.
waiting ...:mad::mad::mad::mad:
Reached I 485 on July5th ,9:17a.m to NSC and signed by R.WILLIAMS.
Checks Not cashed yet.
waiting ...:mad::mad::mad::mad:
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zeta7
03-23 11:54 AM
I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
kawosa
08-31 07:34 PM
Congrats.. You made it
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
purplehazea
05-23 11:34 AM
E-mailed everyone on the list.
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