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  • Libra
    08-26 07:50 AM
    May be not true, my case assgined to officer on june 29th and no news yet. But I wish Ski_dude12 good luck.

    in my case iwas exactly 3 weeks.
    Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.




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  • rogerdepena
    10-02 01:33 PM
    i'm sorry to hear that some july 2 filers ares till not getting receipt notices. anyway, here's mine:




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  • thomachan72
    07-08 02:46 PM
    I think your interpretation of this situation makes sense. I would like to add that the jumbs and increased activity in the uscis/dos etc all happened in anticipation of the CIR passing through and becoming law to be effective in the next FY. They probably wanted to clear of as many legal applicants/backlogs as possible before the next rush based on point system. I agree with you that this is not a conspiracy but more a miscommunication. Whatever the case, hopefully, the AILF litigation will bring some order to the system.




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.



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  • shukla77
    02-18 04:15 PM
    Agree with mostly what you have said. Question still remains what causes people not to contribute even 20$ now while in the past they have contributed 50 , 100 or even more. Just something to think about.


    I disagree. Changes in laws do not happen overnight and any efforts that core is making cannot be made public all the time. If they can get thousands of people the benefit of moving to EAD etc. then I am sure they are working behind the scenes to get more favorable changes done when the time is right. I have faith in their ability.

    Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.




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  • pd052009
    02-01 02:20 PM
    Contributed $100.00/-



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  • mani_r1
    09-01 01:53 PM
    We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.




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  • tonyHK12
    02-14 01:29 PM
    Thanks indigokiwi, shrma, mp70, hx82, gcgonewild, phigi, chichannagri, ravi.shah, neil.0505, subho, Hopeful567, princeusa2006, sanatshah for your contributions. Tracker is at 6%.

    Amount raised................$3,300.00
    Contributions needed.....$46,700.00
    .
    .



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  • eager_immi
    12-12 03:16 PM
    Does anyone know what bill was AC21 attached to in Clinton's Administartion. That will give us some clue what bills we can tag to. I know the world is really very different after 9/11 but this is something we should look into to see what worked before might work again.




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  • aj1234567
    10-04 06:16 PM
    Hi
    Any body got finger print appointment letter who filed on Aug3.
    Thanks
    AJ



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  • newbie2020
    05-05 06:22 AM
    Just because i gave my predictions which were not favorable to the person, Someone gave me a red.:mad: Guys take it sportively, We are just doing a prediction games, If someone predicts dates which is favorable or unfavorable doesn't mean USCIS / State dept will use the same dates, They will use what is on their minds.

    By the way the guy gave me comment EB3 india will be June 2002 funny


    Here are my predictions

    EB3 ROW Dec 06
    China: 8 May 03
    India: 01 Feb 02

    EB2 ROW C
    India 08 Mar 04
    China 08 Mar 04




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  • snthampi
    02-03 11:27 AM
    [QUOTE=snthampi;2311346]

    :D
    Good Luck trying to explain reservation system to the USCIS to implement your plan! How many years would we have to wait - for the USCIS to learn the system and execute it :D
    Kidding too!

    Good one! You are right. It might take them 10 years to understand the system and then 10 years to implement it. By then many of us will be retired.



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  • pappu
    12-10 03:04 PM
    There are two posts from 'Ticked Off' at this link:
    deleted

    Thanks. i know that url (dan stein's site). its totally against us.




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  • ibb
    10-09 11:21 AM
    how about based on salary?

    everybody maximize their own utility.



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  • godspeed
    07-24 03:11 PM
    Same here:
    Service Center : TSC
    File type : Paper Based
    Filed : May 29th
    No update since then:
    EAD Expires 09/08.

    Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
    GCCovet

    you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?




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  • bkam
    06-21 10:47 PM
    Hey, Ghost,

    Your posting is quite realistic. Miracle will not happen, regardless how much we want it. Sad but true.

    The only (long but possible) way to achieve some results is massive attack of the media. Average American people should realize the problem of the legal immigrants and THEY should start pressing the lawmakers for resolution. In fact there is a very simple solution - every H1/L1 visa should be covered by a GC option, providing that the immigrant has covered all requirements. And the USCIS administration should be pushed to do their job. Now, cunningly, uncle Sam (I would better say the "Edited" people) allows white collar slaves to come to the US, but hides the GC when time comes.

    To be honest, I really believe that in 10-15 years time this problem will not exist anymore. Reasons? Several: First, the main donoring countries of white collar slaves are in process of sharp development and soon this source of "blood transfusion" to US will start drying up. Second, with the aging baby-boomers the need of "blood transfusion" will increase. Third, the high flow of low qualified legal/illegal Latinos changes the fabric of the American society and turns it into a Latin-American country, with all negative consequences, so the need of high tech immigrant component will increase. There are more factors but these three are enough.

    So, if we are patient, in 10-15 years time the USCIS administration will start sending invitation ads all over the world, inviting legals and we would become proud holders of GCs :-)

    Yea-a-a, but I am not patient... And I am not keen to feed for decades the retired baby-boomers with my slave labor... Plan B...

    Admin, you can delete/edit my post (as you sometimes do) but this will not change the reality. And the reality is that no one in this country gives a s..t about you and me. Sad but true :-)



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  • sunnysharma
    06-08 03:59 PM
    mine file reached there today.

    reddymjm , You can see your LIN/WAC # from your cleared check.




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  • simple1
    05-01 09:38 AM
    caliber,

    I belive It is not 10-15 years.

    actually, even after correctly following the law, in case of EB3, families may get it earlier.
    VB date for 2A (family quota) is 08OCT04
    VB date for EB3 is now un available.

    In my case (EB2). The VB date is 15FEB04. Families VB date is 08OCT04(my spouse). Only 6months diff.

    gurus, correct me if required.




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  • chanduv23
    03-10 07:10 AM
    well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....

    I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.

    Having a cooperative employer makes a big difference, something that makes you comfortable.

    Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.

    After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.

    In short, retrogression will be there and will affect us.

    If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.




    krishnam70
    07-11 07:02 PM
    Are you a journalist by any chance? :D


    As i mentioned in the thread Gandhigiri in one of my first posts to support the flower campaign idea.. Rosa parks was the inspiration for MLK in this country for the civil disobedience This is very similar to how Gandhiji got the idea of Satyagraha from - guess who? Kasturba Gandhi.

    We need to carry on more things like this in a non-violent way at grassroots level to increase the visibility. Imagine what Gandhiji did in the 1940's with the entire media controlled by the Brits and with no other medium of communication available. We are in a far better situation right now we have access to media, can create our own blogs and we should use it to make our presence felt and highlight the injustice done to us.




    logiclife
    07-06 06:39 PM
    Bay area residents:

    Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.

    People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.

    But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).

    Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.

    Let's do this.



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