a_yaja
06-26 02:44 PM
"Until and after 1 year" - how does it save me - the word "until"
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
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kcforgc
05-08 02:24 PM
How about we all start a THANK YOU campaign? It would be similar to a flower campaign that we all did we send Thank You cards/letters to the President?
Just a thought?
Just a thought?
vina92
12-10 09:38 PM
I am a physician working in underserved areas in MN. I am greatly appreciated
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
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Vsach
07-09 09:46 PM
Let's organize...
more...
Ramba
07-28 12:08 PM
I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
hebron
07-19 08:08 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
more...
vij
06-09 02:44 PM
Hi
I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
I expect the other set to be cleared some time Mon-Tues
The case nos start with SRC
Thanks
GCcomesoon
Did you directly sent to TSC or NSC forwarded it to TSC
I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
I expect the other set to be cleared some time Mon-Tues
The case nos start with SRC
Thanks
GCcomesoon
Did you directly sent to TSC or NSC forwarded it to TSC
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belmontboy
07-20 02:43 PM
Guys, Please don't fight.
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
more...
immigration07
05-01 11:52 PM
If you don't agree. Speak out A#####e.
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................
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balakishore
07-20 11:24 AM
Could some body please let me know on how to contribute ?
I pledge $100.
Thanks,
Balakishore
( Contributed $100 till today )
I pledge $100.
Thanks,
Balakishore
( Contributed $100 till today )
more...
akhilmahajan
02-09 04:24 PM
Thanks a lot vineet.
Grand Total - $554
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $554
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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gc_vbin
02-21 01:13 PM
Donated $50 via paypal
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
Your transaction ID for this payment is: 0AD43776BW681541E.
Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)
more...
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ilikekilo
03-07 11:41 AM
The Intent & Implicatins could easilty be challenged....I need not have to write how intent could be challenged, as fa as implications are concerned, country cap has given grief to certain section, while they are still living in the country...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
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jthomas
12-17 07:54 PM
I read and hear the same thing over and over again, NO SAVINGS,
It is also true for me, NO SAVINGS, We all earn a better salary from others since we are high level professionals, born from a indian family. Where are we wrong.
my first 3 years used to save money, from last 3 years i have no savings. better lifestyle than india. Canadian green card backed up. paid paid money to immigration lawyers for US and canada. , NO US education. Helped friends and relatives financially. Setup a business in india, just doing Okay.
Now i am thinking is it worth staying in US away from parents.
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
It is also true for me, NO SAVINGS, We all earn a better salary from others since we are high level professionals, born from a indian family. Where are we wrong.
my first 3 years used to save money, from last 3 years i have no savings. better lifestyle than india. Canadian green card backed up. paid paid money to immigration lawyers for US and canada. , NO US education. Helped friends and relatives financially. Setup a business in india, just doing Okay.
Now i am thinking is it worth staying in US away from parents.
1. Good health (which we often take for granted)
YEs
2. US born kids (at least they are citizens, if that's important to you)
Not married no kids
3. US education (a different experience for sure)
No us education
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
No savings no big salary
5. Good work experience (this is transferable and more or less ensures a decent future)
Yeah just started career
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
Dont know about that
Been herr from 7 years..
more...
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saro28
09-09 08:21 PM
I don't see this visa bulletin published in USCIS site yet. Could the dates be mistake?
I noticed that the date is not complete at bottom of bulletin
September 9, 200
I noticed that the date is not complete at bottom of bulletin
September 9, 200
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desi3933
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
more...
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sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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dtekkedil
07-03 12:34 PM
Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -
http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses
http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses
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desixp
02-15 10:53 AM
Transaction ID # 7GF88077VF164393T
anzerraja
07-19 07:29 PM
Zooom,
Saw the corrections, thanks !
Please also add the wordings that we need only the pledge, people may go ahead and donate to the IV fund by mistake.
It should be along the lines..
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
As for the target amount, i think the least minimum would be the $64K , which Aman spent already. Soon we will get a collective amount of what has been spent by all the core IV team members and then set the final target amount. What do you think ?
Done...
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
Saw the corrections, thanks !
Please also add the wordings that we need only the pledge, people may go ahead and donate to the IV fund by mistake.
It should be along the lines..
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
As for the target amount, i think the least minimum would be the $64K , which Aman spent already. Soon we will get a collective amount of what has been spent by all the core IV team members and then set the final target amount. What do you think ?
Done...
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
mariner5555
04-30 02:02 PM
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual. it is vague and could as well be inaccurate. I know that lot of people from georgia did get their GC's in EB3 with pd ..dec 2003. I am guessing that for many states the dates are similar except for california and NY ..but then there were lot of companies that closed down ..ofcourse labor subs changed things too for the worse. also 19000 visas went to eb3 I ..last year I think. so overall numbers may not be that high till 2004 mid I guess
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