amsgc
03-09 11:53 PM
Sayantan,
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
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HariRamNai
07-09 10:09 AM
Sent email with write-up to Bob & Tom (my fav.)
Hi Bob, Hi Tom,
I am a regular listener and a big fan of you guys. I'm from the land of 'Babu' and you guys have made my morning great for all these 8-9 years. I hope you could read this below and help us guys by giving some coverage to this issue.
Thanks.
Hi Bob, Hi Tom,
I am a regular listener and a big fan of you guys. I'm from the land of 'Babu' and you guys have made my morning great for all these 8-9 years. I hope you could read this below and help us guys by giving some coverage to this issue.
Thanks.
cjain
11-01 02:43 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
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vjkypally
07-06 04:44 PM
Can someone organize something in NY/NJ?
more...
dixie
12-14 06:25 PM
F4 visa in CIR is the only clause that has self-petition for legal immigrants - again not sure if it is effective retrospectively. Speaking of travesties, what we are going through is already a big one. Frankly, we will be lucky to get any relief at all, let alone hard-to-pass clauses like self-petitioning. From what we saw during CIR, even die-hard pro-immigrant senators like Ted Kennedy aren't too keen on self-petitioning for legals.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
mike_2000_la
06-05 05:10 PM
Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN-03-123-5-0001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is, all i know is, it is 5 for all the 4 service centers
0001 - count of the applications received at this service center on the given day(in this case day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day(not sure how they managed when 150,000 H1 applications came in one single day!)
Please correct me if i am wrong...
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN-03-123-5-0001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is, all i know is, it is 5 for all the 4 service centers
0001 - count of the applications received at this service center on the given day(in this case day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day(not sure how they managed when 150,000 H1 applications came in one single day!)
Please correct me if i am wrong...
more...
guchi472000
04-30 09:54 AM
http://www.immigration-information.com/forums/showthread.php?t=4285&page=53
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Daisy
06-08 02:57 PM
That was comforting !
more...
diptam
06-27 09:54 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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letsgetit
05-23 09:04 AM
Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
Thanks IV for the job you are doing...It is indeed commendable.
Thanks IV for the job you are doing...It is indeed commendable.
more...
prashantkh
07-05 05:59 PM
Order Number: FNK1819608
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
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h1techSlave
02-02 04:14 PM
Since we are in a fighting mood, I will throw some fuel to the fire :) :)
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
more...
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kumarc123
05-08 03:47 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.
Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big
Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.
We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.
Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big
Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.
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JazzByTheBay
12-17 06:01 PM
Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
more...
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jchan
05-01 01:40 PM
jchan,
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
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vikki76
09-29 04:48 PM
For variety of reasons, I wish to explore option of consulting instead of permanent corporate job. Can I do consulting in my own name directly or do I need to be associated with some company?
Green card (EB-2, Nov 29,2004 PD) application is in my name. I have filed 485 this July and expecting my EAD any time. I will be invoking AC21 after 6 months.
But need answer to this question
A. Consult on own?
B. Go through a consulting company?
I prefer option A.
Green card (EB-2, Nov 29,2004 PD) application is in my name. I have filed 485 this July and expecting my EAD any time. I will be invoking AC21 after 6 months.
But need answer to this question
A. Consult on own?
B. Go through a consulting company?
I prefer option A.
more...
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dilbert_cal
06-05 11:08 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
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kshitijnt
07-09 02:48 PM
I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.
Would I get an RFE if I work on contract on W2?
In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.
Would I get an RFE if I work on contract on W2?
In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.
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ramus
07-03 09:29 PM
AAA members should get around 15% discount on FTD..
for_gc
11-17 03:59 PM
Done!
Thanks IV
Thanks IV
vivache
05-16 02:13 AM
Yes .. you can start a company on h1 ..
but as per h1 laws .. you can only work for your employer
So essentially you cannot do any work for your company .. no soliciting business, HR .. nothing.
So what you do is partner with someone who is on GC .. so you can get work done .. or hire employees for everything.
Starting company is easy LLC, C, S corp .. no issues
but as per h1 laws .. you can only work for your employer
So essentially you cannot do any work for your company .. no soliciting business, HR .. nothing.
So what you do is partner with someone who is on GC .. so you can get work done .. or hire employees for everything.
Starting company is easy LLC, C, S corp .. no issues
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