slowwin
01-30 05:33 PM
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
wallpaper Today, while going to Barnes
BharatPremi
11-01 05:13 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
satish_hello
09-21 10:38 AM
I got mmy EAD for both of us, and AP Approved and received yesterday.
satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th. - Transferred ---> WAC ---> back to NSC
EAD- Card Received
AP - Approved.
AD -?
---------------------------------
Contributed $100 for Rally.
satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th. - Transferred ---> WAC ---> back to NSC
EAD- Card Received
AP - Approved.
AD -?
---------------------------------
Contributed $100 for Rally.
2011 86%. Silver
gcdreamer05
02-01 08:36 PM
All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
more...
waiting4gc
07-19 08:10 PM
pledge towards reimbursing core team
Lisap
08-28 03:39 PM
I filed late June at NSC trs to Texas and received on July 2nd. Just received my RN yesterday for my 485. On line it says that my ead has been approved and the notice went out on the 25th.
more...
looivy
07-21 02:16 PM
First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
2010 Tags: anime girl music
rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
more...
abq_gc
08-17 06:18 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
hair I love anime as well as
hindu_king
03-06 04:38 PM
You are seeing it from a complete 180 degrees than I see it. It's not us who's discriminating, it is the laws which are discriminating. I am asking them to treat us all equal, I entered the country on an H1B which was an employement based application it did not hav any country quota, then why should green cards for EB have country quota. Why should a person from India wait for 10 year and a person from Romania get it in 1 year....I think your ROW friends shold understand our position.
We are not asking for discriminating ROW. All we are asking is to end discriminating Indians.
We are not asking for discriminating ROW. All we are asking is to end discriminating Indians.
more...
Greatdesi
08-28 09:32 PM
My wife and I submitted affidavits about the date of birth. We received our approvals 10 days without any RFEs about those affidavits.
-GK
Submitted affidavit for my wife too. No issues.
-GK
Submitted affidavit for my wife too. No issues.
hot anime girls with short
gc_on_demand
09-10 10:19 AM
Folks...
Dates move ahead means almost all people before 8 Jan 2005 will get their GC in Sep 2009.
If that comes not true then DOS has given Spill over visas to Eb2 india on day 1 of new quarter and will do same for every quarter. If this is the case then date will move forward only in Jan 2010 bulletin.
and if they moved date forward because there are only few hundreds case between Jan 8 and Jan 22 2005 then we will see very big movement in Aug - Sep 2009. There are very few Labor since Nov 2008. So Eb2 ROW will not utilize even 10k visas in next year thus Eb2 row will donate 20k + visas to Eb2 india and Eb1 do same ... if Eb4 and Eb5 doesnot get renewal before Sep 30th then expect 5k more visas total almost 55k Spill over to Eb2 india and China which will make Eb2 C by Sep 2010..
:):):):):):):)
Dates move ahead means almost all people before 8 Jan 2005 will get their GC in Sep 2009.
If that comes not true then DOS has given Spill over visas to Eb2 india on day 1 of new quarter and will do same for every quarter. If this is the case then date will move forward only in Jan 2010 bulletin.
and if they moved date forward because there are only few hundreds case between Jan 8 and Jan 22 2005 then we will see very big movement in Aug - Sep 2009. There are very few Labor since Nov 2008. So Eb2 ROW will not utilize even 10k visas in next year thus Eb2 row will donate 20k + visas to Eb2 india and Eb1 do same ... if Eb4 and Eb5 doesnot get renewal before Sep 30th then expect 5k more visas total almost 55k Spill over to Eb2 india and China which will make Eb2 C by Sep 2010..
:):):):):):):)
more...
house ~PuRpLe~ AnImE GiRl MuSiC!
LONGGCQUE
09-23 01:56 PM
Totally agree with admin2. Rules are rules .. if you can apply and get thru EB2 .. so others 'qualified' have the right to do so.
tattoo dresses Favourite genre of music: anime girls with music.
YesGC_NoGC
06-27 10:19 AM
What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
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.
more...
pictures aNiMe gIrL *mUsIc* for
coolvigo
07-09 01:19 PM
everyone....join hands....send flowers so that they reach Tomorrow.....
Show them we are from the Land of Gandhiji !!!
Show them we are from the Land of Gandhiji !!!
dresses anime girl/goth
maine_gc
08-07 03:50 PM
My EAD ND is June 11th and waiting for the approval.
more...
makeup Favourite genre of music:
desi3933
07-10 02:25 PM
@desi3933:
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
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chantu
02-09 02:21 PM
Though I have lost my contract this week and searching for new opportunity, I want to contribute $25.
But how do you contribute $25? I can see links for $50/$100 etc.
Thanks.
Thanks a lot kate123.
Grand Total - $338
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
But how do you contribute $25? I can see links for $50/$100 etc.
Thanks.
Thanks a lot kate123.
Grand Total - $338
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
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gcisadawg
08-10 11:31 PM
Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
nixstor
06-22 01:45 PM
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
intheyan
08-12 02:28 PM
That helps a lot.
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Courtesy of --- Jackson & Hertogs
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Courtesy of --- Jackson & Hertogs
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