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  • nrk
    10-27 05:06 PM
    I have taken info pass appointment and will update the status here

    Don't worry. Most likely, it is USCIS error. Check why after 140 approval, they sent to DOS while you are in Adjust of Status? May be USCIS entered wrong in system and creating issue.
    I would take INFOPASS and contact local Congressman.
    Good luck !!!





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  • mbartosik
    01-27 01:23 PM
    To he who handed over $7K.....

    If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).

    These include things like H1B processing fees.
    They might include labor certification fees (required for GC).

    Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.

    So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.

    I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.





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  • gc4arun
    08-19 10:57 AM
    pending NC, that's what I hear everyime I am lucky to be connected to second level CSR /IO


    NC is cleared( source: Recent Infopass appt )





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  • EkAurAaya
    10-09 09:04 PM
    I am wondering is any one from everest technologies?

    if you are not looking to change jobs then why worry about it at this point in time? it almost sounds like you are the owner of everest who wants to know who's lurking in these forums ready to say bye bye to you :D j/k

    but seriously keep receipt # handy i think that will suffice... check with attorney



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  • gcwaiter
    04-01 09:41 PM
    Guys,
    Thats it !! We dont want to suffer more. Fllow the forum advise & let people know how we are suffering.

    Help them to achive 1000 faxes & more target !!

    thanks
    May god bless all of us !!





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  • masterji
    08-09 05:43 PM
    Thank you prabasiodia.

    So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.



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  • vnsriv
    12-12 03:54 PM
    What's the significance of April 30 barrier.





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  • chanduv23
    03-21 12:55 PM
    Hi,

    I am from Upstate NY.

    Bidhan

    I am in NYC. Shall we team up?



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  • admin
    02-21 01:47 PM
    Great point arihant. What all of us have to remember is that even if we don't have voting powers, if we can prove that it is in the interest to USA to change these antiquated laws, the lawmakers will act. That is precisely what we are doing currently with the help of QGA.





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  • logiclife
    12-13 03:23 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.



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  • mpadapa
    05-13 08:35 AM
    Here is a website where you can find your congressmen and senators
    http://www.visi.com/juan/congress/
    Key in your full zipcode (5+4)
    Also you can find house representatives at http://www.house.gov/
    and Senators at http://www.senate.gov/

    Do find your nearest lawmakers office from the lawmakers website

    software7,

    would you please let me know in detail how you approached congress men and senators?
    How did you get their addresses and contact numbers? I am also in the similar situation.





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  • GCwaitforever
    04-01 10:03 PM
    no. 10 and 11 today. Shall visit the senators office on Monday as well. This would the last chnace to make a difference. Go for it.



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  • BharatPremi
    11-30 03:18 PM
    Forward discriminatory job posting to "compliance@dice.com" for corrective action by Dice.

    Conversation with Dice:

    Hi xxxxxxxxx,

    We actively monitor the site for discrimination and address them on an
    individual basis. It is the responsibility of the employer to not
    discriminate in their postings and many of them do not realize that they
    are being discriminatory. We are constantly working with employers to
    make sure they are in compliance with the EEOC guidelines to give them a
    heads up as the Justice Department is also monitoring the job boards. As
    you can imagine, this is a never ending task.

    If you find a particular posting, please forward the posting to us at
    "compliance@dice.com" and we will address it.

    Since the employers are responsible for their own postings, you will not
    receive a reply from our legal department as we are not liable.

    Have a great day!

    xxxxx xxxxxxxxxxxx
    Customer Compliance Specialist
    Dice, Inc.
    Phone: 1-888-xxx-xxxx xyyyy
    Fax: 1-xxx-xxx-xxxx
    E-mail: xxxxxxx@dice.com
    www.dice.com

    -----Original Message-----
    From: xxxxxxxxx
    Sent: Thursday, November 16, 2006 2:42 AM
    To: xxxxxxxx
    Subject: Contact Dice Message

    First Name:xxxxxxxxx
    Last Name:xxxxxxxxx
    Address:
    City:
    State:ALL
    Zip:
    Country:us
    Email:xxxxxxxxxx

    Message:
    Many of the job advertisements on DICE start with a restriction - US
    citizen only, USC or GC only etc ... Only some of these advertisements
    genuinely require a security clearance and hence applicable to US
    citizens only. Rest of the advertisements are *** DISCRIMINATORY *** for
    foreign nationals. Definitely this is a fertile ground for class action
    suit by a competent attortney. Please ensure your clients follow the
    law. Do not let law breakers post on your web site by coming up with
    some point system and penalizing the offenders by removing their ad or
    banning them after repeat offenses.

    Please look at EEOC web site (specifically foreign nationals section) to
    understand current law. I will be waiting for reply from your legal
    team, before I take any further action.

    Do you really have a proof (legal content) that demanding "Only US CItizens /Green card holders will only be considered" OR " We do not process H1B work Visa" would be agianst the US law? I do not think so.. If you have please point us the finger.





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  • santb1975
    09-08 01:15 AM
    If you can try down to Southern Cal. to hand me over the stuff



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  • leoindiano
    12-18 10:09 AM
    He is dead against H1B. Not sure about Greencards.

    He is a good freind of obama. I just hope he wont be chosen for labor secreatary post which is one of the two those are empty at the moment.





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  • texanmom
    08-28 05:40 PM
    I know this is not the right place..but I didn't know where else to post this. Sorry about that.

    Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.

    I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.



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  • itsmedude
    02-12 06:50 PM
    All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.

    I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.

    BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.

    Let us know if you any information on what the 3500 figure is for.

    An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.

    My previous employer did not pay any thing additional, he paid for the hours i worked at the client place, this $3500 is for the last few days which he says the vendor is not paying as i did not give notice, so he expects me to reimburse it.

    How can one expect desi employer to pay more, it would be a surprise if such thing happens.





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  • jonty_11
    07-25 02:43 PM
    I gets very severe migraine attack almost everyday thinking about the GC !! I took so many pain killers(acetameno) almost everyday ..now they also stopped working on me...and due to these apin killers ..I became acidic ..acidity everyday..even without eating spicy things...my wife says, probably my lever damaged ..don't like to visit doctors ...will it get worse ? I can't escape visiting IV everyday !! Any remedy for me will be highly appreciated....
    While a pray for your "lever"....i will suggest u see a doctor asap!!!

    And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!





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  • akgind
    07-13 06:19 PM
    Taking up the DREAM Act issue will strengthen the IV cause...by showing how legals are getting short-changed from every angle on the entire immigration issue.

    It requires a very small change in the DREAM Act as contained in CIR. Just remove the clause that says it will apply to Z visa holders. In any case, Z visa no longer exists since CIR failed. But I am afraid the will replace it by some condition requiring undocumented presence. Remaining conditions apply to legals as well:

    (from the failed CIR)

    � Have maintained continuous physical presence in the U.S. since 1/1/07
    � Was under 30 years of age on date of enactment
    � Was under age 16 at time of initial entry into U.S.
    � Have obtained U.S. high school diploma or GED
    � Have not been absent from the U.S. for more than 365 total days during period of conditional residence (except those absent due to U.S. military service)
    � Have acquired a degree from a U.S. higher ed institution; or completed 2 years in Bachelor�s degree program or higher at such an institution; or have served at least 2 years in the U.S. military
    � Has provided a list of all of the secondary educational institutions he or she has attended in the U.S

    Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic apply for legal kids.





    SK2007
    10-12 10:46 AM
    My labor was filed on July 2004 and I have not received an approval yet.
    I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
    So Lawyer has started the advertisement process again.


    I am in similar situation, My PD is AUG04, EB2(Traditional), stuck at PBEC, I got an RFE saying they have only the first page of the application. My lawyer just sent all the paper work. I am currently on my 10th year on H1B. Lost my first LC to sep 11 and since then stuck with PBEC. I guess these things happen thats all. I am hopeing they will start I-140 premium process again.





    sashidhar_gundimeda
    07-03 09:01 AM
    Tangible:

    Medical - $145
    Photos - $16
    USPS - $35
    Fees - $650

    Total: ~850

    Intangible:

    1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.

    2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.

    3) Most importantly the frustration and disappointment from this huge mess.

    Lessons learned:

    1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.

    2) G.C. process is mainly based on luck and not on merit.

    3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.

    4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.



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