lazycis
10-18 09:09 PM
GCHPLC,
Do not delay, file a lawsuit. It's easier than you think and it will make the USCIS move.
Any questions, post here
http://www.immigrationportal.com/showthread.php?p=1804764&
Do not delay, file a lawsuit. It's easier than you think and it will make the USCIS move.
Any questions, post here
http://www.immigrationportal.com/showthread.php?p=1804764&
wallpaper Smoked Ultra lexus lights.
485Mbe4001
09-17 02:27 PM
this seems to be the plan all along. Keeping pushing the ammendments and divert the discussion from the actual issues. A tactic to run down the clock, shows that he is doing something but nothing gets done. Helps the anti immigrants but royally screws us. Same will happen in the House and Senate if this thing moves forward....just venting after watching this snail crawl..god knows why they waste taxpayer money by adding ammendments and wasting everybodies time.
Smith is bringing his 8th ammendment. Lets just sleep guys.
Smith is bringing his 8th ammendment. Lets just sleep guys.
Robert Kumar
03-29 06:15 AM
It is possible INS can track you down using posts here as you seem to be illegally here in the US. I wouldnt be advising anything to you as you are an illegal alien.
2011 Quads removed and lexus lights
Juan28210
04-19 02:03 PM
Thanks Pappu! I will try to search in the archived articles first and will just post a follow up question if I need further clarification.
more...
StuckInTheMuck
04-27 08:04 PM
With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):
LIST of DO's :
1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)
2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).
3. Retain all employment-related documents, particularly original copies of appointment letters.
4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).
5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.
6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.
7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Here is another thread (http://immigrationvoice.org/forum/showthread.php?t=20610) that discusses this point further. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).
8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels. AFAIK, this may be more relevant to those who applied for GC via special registration (NSEER) (http://www.ice.gov/pi/specialregistration/), and probably does not matter to others.
9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).
10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).
11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).
12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.
13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
LIST of DONOT's :
1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.
2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.
3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (Invoking AC21 while GC was pending makes the issue somewhat different (http://www.murthy.com/485faq.html#13).)
4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.
[This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]
Cheers,
Stuck(no more)InTheMuck
LIST of DO's :
1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)
2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).
3. Retain all employment-related documents, particularly original copies of appointment letters.
4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).
5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.
6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.
7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Here is another thread (http://immigrationvoice.org/forum/showthread.php?t=20610) that discusses this point further. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).
8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels. AFAIK, this may be more relevant to those who applied for GC via special registration (NSEER) (http://www.ice.gov/pi/specialregistration/), and probably does not matter to others.
9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).
10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).
11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).
12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.
13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
LIST of DONOT's :
1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.
2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.
3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (Invoking AC21 while GC was pending makes the issue somewhat different (http://www.murthy.com/485faq.html#13).)
4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.
[This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]
Cheers,
Stuck(no more)InTheMuck
shishya
06-13 07:18 PM
Shishya, I am in the same exact boat as you are. No information in hand bro. Waiting for someone to shed light on this. Will talk to the attorney tomorrow morning.
Dude, pls do reply in the thread here (or send PM) with *any* info you may get on this one. Will do the same. GL!
Dude, pls do reply in the thread here (or send PM) with *any* info you may get on this one. Will do the same. GL!
more...
walking_dude
12-03 05:29 PM
Contrary to what most believe - Contributing is the easiest thing to do. Send some money and forget about it. And the most effective one too. Lobbying is IVs greatest tool to make changes in the legal system. If you still don't get it, you cannot get any law passed in Washington without lobbying. Whatever we do on the side is to help that effort.
Volunteering is much more tougher. By volunteering I don't mean giving the next Brightest Unworkable idea or the daily-dose of rants on an online forum. Volunteering in my world (real one) means sacrificing personal time (with family) for the greater good of a community.
Calling members, planning & conducting meetings, telecons, write letters to lawmakers and meet them, put IV booths in local events. In short, it's a thankless job. At the end of the day you're more hated than loved (ask Chandu)!
IMO Volunteering and contribution are not separate. It's member buy-in. Either you agree to a principle or you don't. If you agree, you'll contribute as well as volunteer (when you can). If you don't agree, you don't.
Volunteering is much more tougher. By volunteering I don't mean giving the next Brightest Unworkable idea or the daily-dose of rants on an online forum. Volunteering in my world (real one) means sacrificing personal time (with family) for the greater good of a community.
Calling members, planning & conducting meetings, telecons, write letters to lawmakers and meet them, put IV booths in local events. In short, it's a thankless job. At the end of the day you're more hated than loved (ask Chandu)!
IMO Volunteering and contribution are not separate. It's member buy-in. Either you agree to a principle or you don't. If you agree, you'll contribute as well as volunteer (when you can). If you don't agree, you don't.
2010 Quads removed and lexus lights
reddymjm
09-24 08:59 AM
The best way to respond this kind of people is to ignore them....
If you are successful, certain people will complain and make up stories how you became successful.
If you fail, the same people will makeup stories how dumb you are etc...
The best way, in my opinion, is to ignore these fools.
Those who are writing negative about IV and their leaders, do not have slightest idea on how much sacrifices they have made (family time, financially, physically, mentally etc) so that most of us could be benefited out of it. If these people think they are not benefited or does not like the idea, please don't read those post or just ignore them and move on, go to the posts that you would be benefited from and logout, I personally would like these people to share their experience and answer questions by others with their best of their knowledge, but if you can’t do that, please don't demoralize others.
And yes, I don't care about RED dots, so bring them on.
GCCOvet
Well said Sanju and gccovet. I liked the vedios too Sanju.
If you are successful, certain people will complain and make up stories how you became successful.
If you fail, the same people will makeup stories how dumb you are etc...
The best way, in my opinion, is to ignore these fools.
Those who are writing negative about IV and their leaders, do not have slightest idea on how much sacrifices they have made (family time, financially, physically, mentally etc) so that most of us could be benefited out of it. If these people think they are not benefited or does not like the idea, please don't read those post or just ignore them and move on, go to the posts that you would be benefited from and logout, I personally would like these people to share their experience and answer questions by others with their best of their knowledge, but if you can’t do that, please don't demoralize others.
And yes, I don't care about RED dots, so bring them on.
GCCOvet
Well said Sanju and gccovet. I liked the vedios too Sanju.
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geesee
09-18 01:50 PM
@ caliguy
yeah its a matter of luck to get a better IO.. I would wait for couple of days before calling them back.. I wonder how they randomly give different wait times.. At the time of opening SR, I was told to wait for 45 days.. other CSR told me to wait for 30 days.. and I see you have been told to wait for 60 days...
but hang in there man.. we will get green soon...
i have an infopass scheduled for 25th... really hoping to get an approval before that..
yeah its a matter of luck to get a better IO.. I would wait for couple of days before calling them back.. I wonder how they randomly give different wait times.. At the time of opening SR, I was told to wait for 45 days.. other CSR told me to wait for 30 days.. and I see you have been told to wait for 60 days...
but hang in there man.. we will get green soon...
i have an infopass scheduled for 25th... really hoping to get an approval before that..
hair Peugeot 206 Chrome Lexus
Dhundhun
11-10 12:03 AM
Now that you are on EAD, what is your plan of action if your I-485 is denied (for a valid/invalid reason)? What do you think of (1) above?
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
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gc28262
01-28 03:41 PM
I don't think AILA is fighting this memo on the grounds that it is illegal because of the fact that E-E relationship is illegally defined by USCIS, but they are fighting on the grounds that it is illegal because such directives should come in the form of laws!
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
AILA is fighting this on 2 grounds.
1. Opening argument-- USCIS has no right to "make laws" through a memo
2. Main argument -- USCIS interpretation of E-E definition is illegal. It contradicts INA etc
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
AILA is fighting this on 2 grounds.
1. Opening argument-- USCIS has no right to "make laws" through a memo
2. Main argument -- USCIS interpretation of E-E definition is illegal. It contradicts INA etc
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shree772000
10-09 04:46 PM
You are right on - most of conversations/analysis on RE market in India (especially Hyderabad which I am familiar with) center around how NRI/IT employee money has spurred the prices. its a big urban legend. Majority of these "investments" were with black money - corrupt govt employees, local businessmen, and politicians of all parties, and ultra rich actors. They saw a chance in converting their black money into white and pumped up into RE projects as "investments". I saw a report somewhere which said that these black-money transactions can account for atleast 33% of RE transactions in hyderabad (with another 1/3 coming from companies/FII's and only the other 1/3 from NRI's + local rich professionals like IT employees/doctors/lawyers etc). In the apartment and SF homes market most of the projects are in the mid-way thru completion -with majority of apartment projects scheduled to complete in 2009-11. During that time there will be abundant apartments with not many people living in them - expect to see rental prices go down even more.
Of course these investors would eventually try to cash their assets - and deman vs supply equations change dramatically to drag down prices. In addition to this - the current global economic conditions are bad (to put it very mildly) - the argument that it will not touch India may not be correct. Our economy is a lot smaller than other economies like US/europe and depend a lot on those economies - more financial companies bankruptsies would affect IT companies revenues. Also there were direct investments from some of the failed companies in India - for example Lehman Bros had a investment in one of apartment project in Hyderabad. Morgan Stanley, Merrill Lynch, etc. all have tie ups with RE companies with huge "promised" investments. Now that they themselves are in trouble - dont think that they would venture into indian RE market anymore - this can also potentially drag down prices.
I could be wrong (was saying that this would happen for last one year - it didnt happen so far ;)) - but I think buying an apartment/house in Hyderabad/Bangalore/Chennai now in 2008 as an "investment" is not a great idea. If the buy is to live there - then its another matter (I never look at my home as an investment - its more of a life style choice whether in India or in US).
On the same note.... On my last trip to India, Hyd specifically...I went around and asked some people I knew for an estimate on a property...I saw people just pulled the numbers out of thin air. I donno how they came to the number, there was nothing to track the real value, like revenue records etc.
I think this also causes the bubble we are seeing, as some people who have cash and are willing to pay may buy it at that price and that will cause people to think that its actually worth that much.
Of course these investors would eventually try to cash their assets - and deman vs supply equations change dramatically to drag down prices. In addition to this - the current global economic conditions are bad (to put it very mildly) - the argument that it will not touch India may not be correct. Our economy is a lot smaller than other economies like US/europe and depend a lot on those economies - more financial companies bankruptsies would affect IT companies revenues. Also there were direct investments from some of the failed companies in India - for example Lehman Bros had a investment in one of apartment project in Hyderabad. Morgan Stanley, Merrill Lynch, etc. all have tie ups with RE companies with huge "promised" investments. Now that they themselves are in trouble - dont think that they would venture into indian RE market anymore - this can also potentially drag down prices.
I could be wrong (was saying that this would happen for last one year - it didnt happen so far ;)) - but I think buying an apartment/house in Hyderabad/Bangalore/Chennai now in 2008 as an "investment" is not a great idea. If the buy is to live there - then its another matter (I never look at my home as an investment - its more of a life style choice whether in India or in US).
On the same note.... On my last trip to India, Hyd specifically...I went around and asked some people I knew for an estimate on a property...I saw people just pulled the numbers out of thin air. I donno how they came to the number, there was nothing to track the real value, like revenue records etc.
I think this also causes the bubble we are seeing, as some people who have cash and are willing to pay may buy it at that price and that will cause people to think that its actually worth that much.
more...
house LEXUS Rear Lights 97-00
raj2007
06-11 08:28 PM
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
What's your insurance coverage? It seems you had rental car. Have you taken the rental coverage at that time?
Send me PM and I can ask my friend, who was invloved in big accident like you. Insurance company will fight for the last penny and after that you have to pay, if it is not covered.
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
What's your insurance coverage? It seems you had rental car. Have you taken the rental coverage at that time?
Send me PM and I can ask my friend, who was invloved in big accident like you. Insurance company will fight for the last penny and after that you have to pay, if it is not covered.
tattoo lexus style tail lights
Vexir
06-15 12:07 AM
Quick someone tell me which one I should put in the poll, the carbon pod or the orasquare ?
more...
pictures fiesta mk4 lexus lights,
Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
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indyanguy
11-09 05:50 PM
One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
more...
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dr_vroeg
06-16 09:58 AM
mette...just read your post...your mean :p
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rimzhim
02-07 08:00 PM
you have a PD only if you are in a pool that has a restriction on the number of GCs that can be issued in one year. if you are exempt, basically you don't have a PD. That is, it is always current. You do wait for them to finish processing your I-485 for which there will always be a processing date, which may or may not be current for you.
Also, please don't give any such ideas to USCIS; they may like this particular idea :D
I interpret SKILL as follows for US MS.
1. You wait for your PD to become current.
2. When your PD becomes current, you are not counted against the cap.
How can we verify that my understanding of step 1 is incorrect? Thanks.
Also, please don't give any such ideas to USCIS; they may like this particular idea :D
I interpret SKILL as follows for US MS.
1. You wait for your PD to become current.
2. When your PD becomes current, you are not counted against the cap.
How can we verify that my understanding of step 1 is incorrect? Thanks.
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gcseeker2002
11-04 12:08 PM
I voted long back, but dont understand the purpose of this poll, is it just to feel satisfied that there are only fewer than 600 EB3 remaining or is there a bigger picture to this ?
trueguy
08-19 04:52 PM
And that's never gonna happen. All Green Card seekers have stopped filing in EB-3, they are somehow managing to file in EB-2 by hook or by crook. So until congress changes any Law, every single spill over visa will be consumed by EB-2s and EB-3 India is not going to get a single spill over Visa...
And it means EB3-I dates might move one month (or less) per year...........and we are royally screwed
And it means EB3-I dates might move one month (or less) per year...........and we are royally screwed
sanju
03-11 01:54 PM
Great, appreciate your insight. It will greatly help everyone to understand how you reached a conclusion for these numbers. Could you share with us the reason or logic or calculation or study or memo or communitation to support these numbers?
Thank You.
Alright guys, Here's the last post, after which we strayed....lets either snap any discussions on this thread or continue to post only on the original content of the thread....
-------------------------------------------------------------------------
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be.
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
Thank You.
Alright guys, Here's the last post, after which we strayed....lets either snap any discussions on this thread or continue to post only on the original content of the thread....
-------------------------------------------------------------------------
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be.
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
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