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  • lord_labaku
    08-18 03:05 PM
    With this issue of priority date taking a back seat to notice date when dates are current :

    While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.

    Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.

    Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.

    It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.

    Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.

    For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.




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  • nc14
    08-18 03:04 PM
    Very well said.

    .................................................. ...
    $470 + $50 recurring

    After reading lots of forums contributors, my 2 cents :

    a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.

    As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!

    b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
    People are waiting for 10 years in line, come on..think, if this happens to all of us..

    c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
    The harshness of things is creeping in people, but pls. some sincerity is also needed.

    I thank all of you who have worked hard for the benefit of all of us.




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  • madhuvj
    09-15 03:39 PM
    You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.

    Originally Posted by VivekAhuja
    You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.

    Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.




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  • narendery
    08-18 12:18 PM
    My husband also got welcome e-mail mentioning about ADIT processing but when he received his card there was no information regarding ADIT processing, should we do anything about it? We have no clue, please help!!!
    Thanks,
    Mita

    When did you receive email and when did you receive your card ?



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  • puddonhead
    05-01 10:59 AM
    iff = if and only if

    The I485s for both primary and dependent could be filed either if the family or the employment category is current.

    i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.

    In this scenario - if the family based category is retrogressed:
    Option 1: Spouce can wait the retrogression out in AP/EAD.
    Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.

    Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.




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  • gc28262
    06-26 08:44 AM
    Law clearly states employer cannot discriminate based on immigration status.
    Walking dude has a point. I think we should take this up. We shouldn't be calling the employer and notifying them. We should notify the ad to appropriate authorities.



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  • psk79
    09-12 02:48 PM
    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.

    Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...




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  • dvb123
    05-01 01:00 PM
    Dependends will come under

    FAMILY-SPONSORED PREFERENCES

    Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
    Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

    The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.

    Primary -> Gets visa number from EB 1,2 or 3
    Dependents -> Gets visa number from FB2

    Wife and children need not wait because FB2 is not that retrogressed.



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  • 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,




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  • desi3933
    07-10 10:43 AM
    that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.

    Page 5

    Further, the director noted in his decision that the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position. The petitioner did not address this issue on appeal. Therefore, the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position.



    .



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  • neelu
    12-12 12:49 AM
    Good question.
    Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
    Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)


    No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!




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  • techbuyer77
    06-18 10:27 AM
    She told me she got it aorund the 6th



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  • logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.




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  • delhiguy79
    07-22 12:56 PM
    Nothing at all about my US GC ... ( i just filed 485 about a year ago - this was about 3 months before that)
    These are approx conversations :)

    Why did you come here instead of home country ... i came here to do the landing, and thought i'll do the visa stamping as well + Regular employer/ job /education questions ...come back tomorrow to collect the passport

    Mine was same employer

    but u must ve mentioned on ur DS-156 that u ve filed GC ?

    Also did u take ur own car or rental Car?



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  • rogerdepena
    10-02 01:33 PM
    i'm sorry to hear that some july 2 filers ares till not getting receipt notices. anyway, here's mine:




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  • raj2007
    04-23 02:46 PM
    hi all,

    Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........

    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer’s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are “reasonable” in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not “reasonable”?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).



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  • dkann
    08-25 05:01 PM
    I applied for EAD and AP renewal on June 30. I received AP approval on July 18th and got EAD approved on August 15th.

    dkann




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  • crazy_gc
    06-10 12:12 PM
    What service center was it from? Was it a concurrent filing of I140 and 485?

    NSC and it was just 140...yet to dispatch 485 application




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  • darslee
    07-10 04:55 PM
    In the past week, the "Protest Blooms" campaign notched up the following wins:
    Times of India article
    Buzz in the blogosphere
    Attention from many attorney websites and blogs
    Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
    Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
    Had a senior reporter from New York Times talk to me
    Had the footage of this entire event shown on CNN in India
    Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
    Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
    Had USCIS director react to us
    Had so much interest generated that the IV website was brought down J
    Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.

    Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.

    Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.

    Let us learn from what went right and what went wrong and use this to better execute all future events.

    Absolutely right! Good job eveyone who participated! :)




    Gravitation
    07-20 10:10 AM
    I pledge $100.




    desi3933
    07-10 04:54 PM
    And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    You are wrong, again!. ;)

    I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

    .



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