Monday, July 4, 2011

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  • mariner5555
    05-02 03:17 PM
    openarms,
    maybe there are not enough EB3- I cases in the queue ;) ..well one of my friends did get his GC during last fiasco ..eb3 - I, pd 2003. ofcourse there is no unity ..it is every man for himself (And hence save as much as you can while you enjoy life)..and hence don't worry too much ..GC will come when it has to (my friend told me that once ..and I found those words comforting) ...see few of the threads nearby ..people are content talking about dots (I guess since they know nothing will ever happen due to our actions :-) ..and I sort of agree).




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  • desi3933
    06-27 11:41 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • new_horizon
    03-05 03:59 PM
    I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
    As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.




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  • Lucky7
    06-12 04:51 AM
    Sent in concurrent filing 1-140 & I-1485 on June 1st .

    RD June 4th
    ND June 5th
    All checks cashed including PP for I-140 ON 2nd June 2007.

    I have a couple of questions:-

    How long before i get a answer on Premium Processing on I-140.


    How long for Finger Printing notice.

    How long before i get EAD.

    Can i renew my CA drivers license with I-1485 filing receipt or do i have to wait for EAD.

    Thanks folks and hang in there.( It took 6 years for LC approval).



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  • atmercyofdol
    10-08 02:47 PM
    Are you in the IT field?

    There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.




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  • ruby
    07-20 11:50 AM
    I have a suggestion regarding this (just a thought). Maybe some DC members can provide contact to core IV, so that when these guys go to DC, they can stay with IV members than staying in hotels. This will save some of their personal money. We should donate our airlines miles (I know this was discussed earlier also).



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  • nandu_k_n
    02-15 09:40 AM
    Paid USD 50. Transaction id for the paypal payment is - 9PE56826U6585973L.




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  • rajuseattle
    11-30 08:17 PM
    Mehul,

    Sorry to hear about your diagnosis and our prayers are with you and your family.

    But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.

    US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.

    Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.



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  • mchundi
    05-03 04:04 PM
    Only if PD is current!!!
    Thanks Knnmbd,
    --MC




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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).



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  • tikka
    05-27 07:24 PM
    Done.

    thank you.
    please do also send the web fax. Now we can send it to all the states.!!




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  • ngopalak
    07-20 11:21 AM
    I will pledge $50 ..where is the link to contribute




    Dear Members

    For those of you joining us late, here is some info about this thread.

    1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.

    2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.

    So do not pay it directly to the IV core funds, yet.

    Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.


    There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?


    Thanks
    Anzer



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  • Dhundhun
    07-21 09:44 PM
    I'm confused!
    I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...


    Is e-filing costly? - NO
    Does paper based filing not trigger FP? - NO
    Is it slower? - NO




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  • PavanV
    08-18 02:13 PM
    Hi,

    This is my first post to the forum, and i am not if this is place to post ?, i have two years left on my H1 B (into 4 yr) and my company is going to file for my labour this year (Hopefully) in EB2 category. I would like to support the community, I am in favor of HR 6039 for STEM and also EB3 category.



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  • seshuvaidehi
    08-25 06:32 PM
    Reached application to NSC on 7/23. No checks cashed yet.

    Anybody else there with 7/23 received date?




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  • fightnow
    07-06 07:13 PM
    Police will be there to keep things in order. No permit is issued but some registration has been done at the police department. All must stay on sidewalks! See rules in previous post.
    The timing was not so good. I post earlier talking about this event but did not attract much attention.
    One concern: people will lose their anger and get used to it in one or two weeks.



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  • anilsal
    12-13 12:07 PM
    All actions taken by IV is for the community. We are enjoying many benefits (AC21, 7th year H) etc that was a struggle by earlier outfits like ISN.

    IV will be successful.




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  • 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.....




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  • geesee
    08-18 02:32 PM
    The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!

    I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.

    You made me laugh :D




    Googler
    06-08 12:32 AM
    I really don't understand these Attorneys. Its clearly mentioned on 485 form that ALL 485 petitions should go to NSC. period.

    And as far as I know, due to awareness and the fact we all are professionals who can go to USCIS site and read the instructions in black and white, we should not just rely on this morons (attorneys.. though there are some good ones around)

    If you read http://www.uscis.gov/files/pressrelease/BiSpec_063006FS.pdf, you'll see that there is a line on page 2 that specifically says "Until further notice, USCIS will not reject applications or petitions filed at an incorrect Service Center. Instead, USCIS will accept the filing, redirect it to the correct location, and honor the initial receipt date."

    So if you already know that your I-485 will be adjudicated by the service center where your I-140 was processed, you just save some processing time by sending it there. See also Matthew Oh's May 14, 2007 post in which he says that USCIS may try to accelerate bi-specialization phase III in order to avoid sending massive numbers of files from the central NSC location to the locations where the I-140 processing was done.

    My attorney sent my forms to TSC on June 6, 2007. Tick tock tick tock till I get the receipt notice.




    rama2007
    11-17 06:52 PM
    Done



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