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  • snathan
    06-17 09:20 AM
    ^^^^^^^^^^^





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  • vamsi_poondla
    01-27 04:27 PM
    Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.

    When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.

    Again, this could be a boiler plate clause, but not a clean clause like,

    "If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)



    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!





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  • sandy_anand
    11-06 12:11 PM
    Does anyone know when VB will be out this month?





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  • niidawg3
    01-26 09:32 AM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...



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  • chanduv23
    07-06 03:54 PM
    New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends





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  • gcisadawg
    02-28 10:06 AM
    "A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008."


    It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?



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  • sashidhar_gundimeda
    07-03 09:01 AM
    Tangible:

    Medical - $145
    Photos - $16
    USPS - $35
    Fees - $650

    Total: ~850

    Intangible:

    1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.

    2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.

    3) Most importantly the frustration and disappointment from this huge mess.

    Lessons learned:

    1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.

    2) G.C. process is mainly based on luck and not on merit.

    3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.

    4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.





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  • makemygc
    07-06 06:29 PM
    Just like USCIS, they duped us at the last moment.



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  • sameer2730
    11-03 09:25 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.





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  • saimrathi
    07-06 06:20 PM
    Nothing yet.. Hope its on tomm.. please post correct info..

    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!



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  • Libra
    09-19 07:51 PM
    there were 2000 registered members and their families and late comers.....

    any idea how many came to the rally?





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  • sangmami
    07-27 12:44 PM
    Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
    Hope this helps
    Thanks



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  • webm
    04-08 03:08 PM
    [QUOTE=USDream2Dust;237533]. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. QUOTE]

    Could be..

    Also they say those who not picked on Master quota(Advanced Degree exemption) will also get a chance on pick from regular quota...as per the released article...this is a good sign for F1's esp..





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  • xela
    01-15 10:05 AM
    sent letter to WH and copy to IV



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  • rajakannan
    06-26 08:56 PM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??





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  • dipsangel
    08-15 10:03 PM
    what to do?

    My friend, I am sorry to hear about this. Your employer must be an A** hole.

    I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.

    If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.



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  • lazycis
    12-18 07:19 PM
    Thanks for explaining this clearly. 2 Questions:

    1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?

    2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?

    1. Yes, you are in legal status while the appeal is pending (assuming appeal is not without merit).

    2. Yes, until you get a GC you may need to prove that your I-140 is still valid.





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  • chanduv23
    04-13 08:26 AM
    I dont think there will be any movement for May and June. July could see a big movement.

    Forward or backward ???????????:D





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  • JakeLeone
    07-21 06:57 PM
    Hi,

    If you check the bright future jobs website, you will not find any reference to such a "Call".

    Beware, calling the number might expose your phone number, and you might become a victim.

    Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.

    I hope the deranged person who originally posted the message can receive help soon.

    BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.





    mammoy2k
    06-05 03:43 PM
    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.





    newuser
    09-19 03:35 PM
    So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments. - I strongly object to the language used in your post. How can you say the IV members just went to get the autographs. If you were involved in any of the meetings with the lawmeekers, you would know the difference. Just don't come here for name sake and post whatever you want.

    Get educated yourself before posting these silly questions. Also open the thread in the appropriate forum.



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