Tuesday, June 28, 2011

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  • n_2006
    06-27 10:29 AM
    If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.


    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.




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  • trueguy
    03-10 12:00 PM
    Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.

    Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.

    Thanks.




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  • mirage
    03-08 10:23 PM
    While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.

    Let me give you a story:

    On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.

    HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.

    I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.

    They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.

    Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.

    Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.




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  • abracadabra
    07-07 09:24 PM
    We will only come to this forum. We are 100 guys ready in DC.



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  • tonyHK12
    02-14 04:27 PM
    Contributed $50 #065132998A807983B

    thanks indigo10, LONGGCQUE, jjava100, PHANI_TAVVALA, PrinceVA for your contributions. tracker is at 7%

    Amount raised................$3,650.00
    Contributions needed.....$46,350.00
    .
    .




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  • Sachin_Stock
    09-24 01:42 PM
    Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.

    As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.

    And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.



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  • rahulp
    09-10 08:52 PM
    My sincere apologies for being harsh on IV members, I sincerely appreciate the efforts.

    I guess Oct bulletin (EB3 - I) got me going there...

    I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.

    Peace.




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  • maag
    06-07 10:28 PM
    Well, its ones own point of view. My point of view is, a bird in hand is better than two in the bush. Worst case, they'll revoke ur 485 but cannot deny u re-entry to the US based on ur H1B. But if u r on EAD, I'm not sure. Once u r back in the US, u can always dispute the denial by canceling ur Canadian PR and submitting the canceled documents alongwith ur dispute as proof which should definitely put ur GC application back in the reckoning. Again, the question is, is it worth taking the risk? Well, it is...because u didn't get ur Canadian PR just by sitting at home. U did the Finger Printing, U did the Indian PC, U took the english test, U did the medicals, spent so much of ur time, money and energy in the process. Now, by just foregoing all those efforts do u wanna have 100% hopes that ur GC wont be rejected and lose out on ur Canadian option as well? Think about it.


    I dont have H1B stamp and i have already used AP, what if they revoke my 485 and ask me to go for stamping and i get stuck for month to receive clearance, i dont know any one in canada and staying in hotel and waiting for clearance could cause me 1000s of $ , not to say, i will not get my pay because my employer didnt do my canadian PR.

    I agree, i did spend a lot fo money doing canadian PR process, i did hire a lawyer to do all these and cost me $5000+ but I guess its not worth taking the risk and losing all my savings, I think this is called destiny, being so close to something still not able to get that, meaning it was not meant for me....



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  • gcisadawg
    08-10 11:31 PM
    Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)

    It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!

    -n4nature




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  • man-woman-and-gc
    09-15 12:15 PM
    Friends,

    I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#

    Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.

    Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.

    I will keep publishing this sheet from time to time on this thread so people know.

    Please keep pouring in with ur suggestions.



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  • zj142
    07-08 09:12 PM
    she is so good at changing topic and avoiding the critical truth




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  • shukla77
    05-23 01:50 PM
    sent emails to 2 in NY



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  • abq_gc
    08-18 02:42 PM
    SunnySurya,

    There is ABSOLUTELY NO QUESTION of contacting state chapter heads. State chapter heads are not your personal lackeys. They are members who receive instructions from the IV core team to take on initiatives.

    This is NOT an initiative that the ENTIRE IV community supports and hence will NOT be taken up by state chapter heads. The key here is UNITY UNITY UNITY. You have chosen to break the FIRST CODE of IV ethics and that is UNITY.

    Lastly, it is NOT upto YOU to decide what is ethical and unethical. It is upto the CORE team. So please consult with the core team before you make up the rules.




    What's yur damn problem if someone wants to fight INJUSTICE ??? If u don't fucking like the idea.. then back off and stop reading this post.... u dont have to lecture anyone on what's ethical and unethical... remember we are all Highly skilled here.... so we can decide that for ourselves...




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  • rk07
    09-20 10:09 PM
    Seshu,

    Did you file at NSC?


    seshuvaidehi
    Junior Member Join Date: Jul 2007
    Posts: 3




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

    Labor Certified in June 2006-India
    I-140 approved Dec 2006
    I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###

    How do I check if EAD card has been ordered and/or AP approved?

    Your all are awesome and Thanks to Immigration Voice.



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  • grupak
    08-08 10:06 PM
    GCCovet/Mahujam,
    - How did you find out about the LUD?
    - What is soft LUD vs. hard ?
    - what are possible reasons of an LUD ?

    Thanks in advance!

    Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...

    Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.




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  • bomber
    07-03 03:29 PM
    07/03/2007: Congresswoman Lofgren's Statement on July Visa Bulletin Revision and USCIS 485 Rejection

    * Rep. Lofgren released the statement expressing concern on the incident. The statement indicates that she sent Secretaries Rice and Chertoff letters asking them to reconsider any mid-month updates of the July Visa Bulletin. As people know, she is the powerful Chairwoman of the House Judiciary Committee Immigration Subcommittee. Her statement is very important in two areas. One is the political attention we desperately need. The other is potential impact on the House action on employment-based immigration legislation as impacted by the incidents. Very important development politically.



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  • justAnotherFile
    07-02 09:31 AM
    Type: Package
    Status: In Transit - On Time
    Scheduled Delivery: 07/02/2007
    Shipped to: DALLAS, TX, US
    Shipped or Billed on: 06/29/2007
    Service Type: NEXT DAY AIR


    still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business




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  • NKR
    04-23 09:26 PM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.

    Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.

    When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.

    "Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.


    Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.




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  • ski_dude12
    08-26 03:13 PM
    Not sure if I got your question...

    You can file I-485 only when your dates are current. If you filed I-485 by itself (not concurrently with I-140) then your PD will not be on the I-485.

    is this pattern (missing PD on I-485) for people who've PD current and not got greened?




    sayonara
    08-27 12:26 PM
    Posted by Clockwork:
    clockwork
    Member Join Date: Sep 2006
    Posts: 63
    --------------------------------------------------------------------------------

    Guys,
    I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...

    Congrats ! Any LUD on your application?




    amitjoey
    07-09 04:57 PM
    Please use the resources already available, there is a write up, also there is a pdf and a html version by english_august.



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