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  • Libra
    07-10 01:21 PM
    Yeah...one day he make a movie on immigration policies;)

    This is an awesome find... We desperately need to contact Michael Moore for our cause...





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  • indyanguy
    12-19 09:10 AM
    filing of MTR does not give you status, once they accept it, yes you are in status again.



    yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.

    How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?





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  • PD_Dec2002
    07-13 03:13 PM
    The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!

    From WIKI: The DREAM Act would provide a path to legality for persons brought illegally to the United States (http://en.wikipedia.org/wiki/United_States) by their parents as children, or whose parents attempted to immigrate legally but were then denied legality after several years in application, and whose children thus derived their legal status solely from their parents (the child also becoming illegal upon the parent's denial).

    Why are we voting at all on this amendment?

    Thanks,
    Jayant





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  • sunny1000
    02-07 01:26 PM
    sent to WH and IV yesterday.



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  • Canadian_Dream
    09-14 04:17 PM
    Most people here fail to realize the cost of immigration is very heavy at a personal level, especially in globalized economy. If we assume that average wait time for Green Card is 7-9 years (earlier it use to be 4-6 years) consier the following:

    1. Professional Growth: This one takes the biggest hit. I know many people at my work who have got GC in past 4-5 years after the usual wait time, they have hit the wall in the career front. Their peak productive years when they were to rise exponentially are gone in waiting. Now most of them are lost in corporate America looking for a place where they can somehow make up for the lost years. I don't think they have found it yet. Most believe that going to home countries might help to find that niche and make up for the growth. This solution might work when the economies of Asia are growing at 8-10% but no one knows for sure in long term.

    2. Financial Growth: A lot of investment opportunities are lost becasue no one wants to make a long term invetsment commitments in the state of limbo. Besides that most households have to live on single income source making their earnings below average household income. Even after getting GC one cannot make up for this loss. This creates a permanent under class and I not sure what kinds discontent it leads to.

    3. Others: Family (Spouse's professional and others) and presonal stress that one has to go through during the wating years.

    I wonder if there is a study outlining these impacts. This is become all the more relevant when the standard of living and opportunites at home are closing the gap rapidly. Getting GC use to outweigh these cost in the past (90's) but lately questions are bound raise on one's mind if this price is justified.





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  • ssnd03
    02-28 05:12 PM
    Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.

    I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.



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  • x1050us
    07-19 09:51 AM
    My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?





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  • vamsi_poondla
    01-27 04:27 PM
    Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.

    When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.

    Again, this could be a boiler plate clause, but not a clean clause like,

    "If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)



    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



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  • hopefulgc
    06-02 09:23 AM
    Most status related issues are wiped off after a travel outside US.

    What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.





    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.





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  • sam_hoosier
    07-03 10:13 AM
    Atty fees were paid by my employer; my out of pocket was approx. $ 500. However, the intangible cost (disappointment, having parents stand in a queue to get BC etc.) is far greater :(



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  • royus77
    05-19 08:56 PM
    I agree ..provided they have done thier BS in US university ..i know 80 % of the indian students ( leave IITs/IIMs) will do MS because they either didn't get any job in india or admission to higher degree program





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  • Soul
    02-02 06:07 PM
    Oooo excitin'!.... :bounce:

    So whats the final date Eilsoe? When the winner is announced I mean...

    - Soul :goatee:



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  • GCInThisLife
    07-19 02:21 PM
    You are still with in 180 days window of being out of status.

    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.

    AM I IN PROBLEM?

    Please comment and give me hope.





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  • chanduv23
    07-31 10:47 AM
    How did you get the LIN number for this case?



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  • bobzibub
    01-02 12:04 PM
    At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!

    http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf

    They decoupled the H2->h1 and the L2->L1. But not H4->L1 or L2->H1.

    Even though their reasoning for doing it applies to these cases too.

    :confused:





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  • cooldudesfo
    09-11 12:05 AM
    Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.

    Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.

    Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.

    Comments ???



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  • dixie
    12-04 09:44 PM
    Personally, if I am not going to get a GC, I would much prefer loosing 20-25% of the PPF and have some chance of recovering the remainder from the "babus" than loosing all of it to the US government that considers me ineligible for benefits that I have already paid for in full. Its a positive sign that the Indian govt, whatever its vested interest may be, has at least considered taking up this issue.

    Lets not nitpick on corruption and nepotism in our home countries. Its no secreat that it exists here as well - except that it goes by different names such as premium processing, amnesty etc and the whole thing is more streamlined and marketed with a positive spin on it.Nobody has experienced that more than us. And yeah, I am being cynical here.





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  • pooja_34
    03-21 11:11 AM
    Hi FinalGC,

    I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.





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  • shana04
    01-04 03:35 PM
    Poor Guy





    Dhundhun
    01-26 06:42 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.





    goel_ar
    04-21 08:46 PM
    Instead of sending emails, wouldn't it be better to send USPS mail or faxes?

    I have sent electronic forms to state senators & whitehouse.gov.



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