Sunday, July 3, 2011

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  • deziliu
    05-02 07:20 PM
    Hi, all:

    I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

    (1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
    (2). EAD card valid until 10/2012.
    (3). H1-B visa valid until 03/2012 through my current employer.

    I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

    So, my questions are:

    (1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
    (2). Is there any problem to new my EAD card since I lost my H1-B visa?
    (3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
    (4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?

    Thanks.

    Bruce




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  • gccovet
    08-13 12:33 PM
    EAD USCIS Recieved Date: 03-July
    EAD Status Cahnged to Card Production Ordered: 12-Aug
    EB3

    did you get any email from CRIS? Assuming you had a 'Y' for email.
    GCCovet




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




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  • aspire_sam
    08-09 10:56 AM
    Sanhari. I can very well understand the problems that you and every1 else face in EB3 category. But the way you are trying to put your case forward is wrong. By comparing with EB1 and EB2 priority dates you are just trying to show your frustration and not making a case at all. There is a reason they have different categories and similarly have priority dates for those. If you are eligible then port to EB2 else join IV with immigration reform or the latest fight to "Recieve EAD even if dates are not current". Please do not confuse teh congressmen or the senators who are already confused. Be proactive not jealous :cool:



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  • mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x




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  • dontcareanymore
    07-08 04:53 PM
    vivek - I have come across this company. It is a desi consulting company. The "Reqruiter" name seems to be a "nickname". ........................................... ............................ ................. ......................

    Looks like desi companies are trying to seek a new identity so that they do not fall under the radar

    Chandu, I guess they would rather (prefer to) be under the radar instead of on the radar :) :D

    My feeble attempt at humor :)



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  • Map of Bordeaux#39;s key wine


  • akhilmahajan
    02-11 12:19 PM
    Thanks a lot nk2006 and kkarun.

    Grand Total - $1551

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.I'm going to send check for $50 today.




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  • mp70
    02-14 10:09 AM
    Contributed 100 dollars.

    Paypal Transaction reference: 8PN25533RJ402645G

    Thanks



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  • neverbefore
    08-25 12:37 PM
    Folks

    Can anyone advise on what docs to take along for an Infopass appointment?

    The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.

    Thanks for any advise and guidance.




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  • aquarianf
    04-23 12:21 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.

    If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.

    Also can you get in writing from you current employer that they will support you in case of law suite?



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  • GKBest
    10-12 01:34 PM
    Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.

    3rd july people should call now and I am definite we all were sitting in same box.


    What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....

    Receipt is from NSC


    Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....




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  • mgmanoj
    11-19 12:55 PM
    Done



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  • kshitijnt
    05-09 10:16 PM
    The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)

    Sending poorly drafted letters may not speak well of our community please

    Regards,

    Saptaswara

    Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?




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  • senthil1
    07-07 09:24 PM
    This reply shows that because no visa is available they cannot accept the applications. If courts find any mistake Judge may order to correct the procedure. It is tough for courts to order USCIS to accept I485 when Visa number is not available. In case court dismisses the lawsuit then DOS and USCIS will make those happenings in July as a precedence. It needs to be seen how the drama unfolds


    On CNBC:

    http://www.cnbc.com/id/19634804/site/14081545/page/2/

    BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?

    Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.

    BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?

    Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.


    Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.

    ************************************************** ********

    Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.



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  • skark
    08-19 01:09 PM
    I did! All they're saying is to wait till 90 days are up and call back or take infopass appt!:mad:

    same for me tooo...
    I also didn't apply AP..
    Did you call TSC?
    I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
    and approve I485...BIG IF ...if i m lucky...




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  • anil_temp
    08-27 10:57 PM
    Finally I got the receipt notice for I485, AP, EAD. When I checked online, it seems they already ordered the EAD card.

    My app received NSC on July 2nd 9:01 AM, got transfered to TSC.



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  • Argentina Wine Region Map-


  • Bonzer
    08-08 07:10 PM
    Congrats Svinjamur !!

    My wife and I received similar emails (Card production ordered). I just posted in a diff thread. Our 10-yr wait is over.

    PD - Nov 2004
    I-140 - approved 03/05
    I-485 - RD - 08/07, ND - 10/03
    CP ordered - 08/08
    (one year and one day since we applied for AOS)

    I got an email today from USCIS stating this
    Current Status: Card production ordered.

    I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?

    My PD Is May 2003




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  • manderson
    11-21 12:59 PM
    Mehul, my thoughts and prayers are with you. I don't know the answer to your question but I really hope you will be able to resolve this soon.




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  • desi3933
    07-10 02:55 PM
    I
    ....
    My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?

    Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.

    Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.


    .




    desi3933
    06-29 11:41 AM
    .....
    Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.

    There are laws in place, already, for discrimination against applicant having proper work authorization.

    If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.

    Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.

    There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.



    _________________
    Not a legal advice.




    ireddy
    11-18 02:44 PM
    DOne



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