MDix
02-12 12:49 PM
Some hopes.........
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
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Tito_ortiz
12-04 04:46 PM
Bring it on !! Hurray !!
This appeared in todays Business Standard Newspaper in India. Atleast, the issue came up for discussion.
Here it is.
--------
The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.
New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.
Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.
The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.
�It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,� an official said.
In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.
�It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,� an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.
�A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,� an official said.
Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.
India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.
This appeared in todays Business Standard Newspaper in India. Atleast, the issue came up for discussion.
Here it is.
--------
The United States today indicated that it was willing to consider setting up of a joint technical working group to address the issues coming in the way of finalising a totalisation agreement with India.
New Delhi, on its part, has made it clear that it is not agreeable to the US stance of linking the requirement for a social security net as a precursor to finalising the agreement. India also made clear that it was adopting a calibrated approach to further opening up of the retail and financial services sector.
Indians working in the US have to mandatorily contribute to social security benefits but are unable to repatriate the same when they leave the US, in the absence of a totalisation agreement between the two countries.
The issue was discussed at a meeting of US Under Secretary for International Trade Franklin Lavin and Commerce Secretary G K Pillai in the capital. Commerce ministry officials said the Indian side pointed out that New Delhi had signed totalisation agreements with countries like Belgium and France, which had not set any pre-conditions.
�It was pointed out that India, which is a developing country, effectively gives a grant of $500 million to the US in the absence of a totalisation agreement. The US has indicated that it will soon have a video conferencing on the matter with senior Indian officials,� an official said.
In response to the US demand for further opening up of the financial services sector, the commerce ministry pointed out that India was adopting a calibrated approach on the matter.
�It was pointed out that the Reserve Bank of India has finalised a road map for the gradual opening up of the sector by 2008,� an official said, adding that New Delhi raised the issue of absence of a level-playing field for financial institutions in the US.
�A foreign bank wanting to open more branches in India only needs to obtain the permission of the Reserve bank of India. However, an Indian bank wanting to open up branches in the US has to go through the American federal system and then a state regulatory system,� an official said.
Banks like State Bank of India and ICICI have long pending applications for opening more branches in the US.
India also raised the issue of extending protection to its traditional knowledge under the patent regime in the US.
GC_LOOKIN
07-29 11:08 AM
E-Filed: May 30th, 2008
FP: June 28th, 2008
Card Production Ordered on July24th
On July28th Received 2 year EAD Card from July23rd 2008 to July22nd 2010:)
FP: June 28th, 2008
Card Production Ordered on July24th
On July28th Received 2 year EAD Card from July23rd 2008 to July22nd 2010:)
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lazycis
11-30 06:42 PM
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.
more...
jsb
01-05 03:00 PM
So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
I have heard on this forum someone doing that, i.e. flying to Texas and asking to meet those who matter. Initially they did not entertain him, but eventually he succeeded. It costs nothing trying via the Ombudsman route, may be a bit if a hassle via the Congressman route. You should try both. Mention your situation, clearly bringing out the anomally. Ask if you are cleared on all fronts and your PD is current what is holding up. It might work....Best of luck.
sumansk
10-02 01:36 PM
Guys,
Anyone in the same boat as I am ...No news of my case so far..filed july 17th and nothing after that.anyone's guess what might be the case..
Not sure if the files is buried under some pile..
Thanks
Anyone in the same boat as I am ...No news of my case so far..filed july 17th and nothing after that.anyone's guess what might be the case..
Not sure if the files is buried under some pile..
Thanks
more...
vkallank
07-10 01:21 PM
how about a peaceful protest at CNN headquarters in Atlanta and at other CNN stations.
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gc_chahiye
01-27 01:57 PM
JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???
You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
more...
lost
11-11 09:09 AM
Will it be on Friday?
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pd_recapturing
01-26 03:51 PM
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...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
more...
JA1HIND
01-26 07:26 PM
hey Dhundhun and everybody else.... thanks for ur precious advice. This forum is really helpful for people like me who do not have much experience with US rules.
Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.
Alright "helloh1" all I can tell you at this point is "Good luck"
Dhundhun, to answer your question...no I do not intend to break the contract. I just want to protect myself from any mishap in future. By the way as I mentioned earlier, the contract is not of 12 months....its for ENDLESS time. It says that if I leave the company anytime...I will need to refund all the training costs that the company would of incurred in last 12 months.
Alright "helloh1" all I can tell you at this point is "Good luck"
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mirage
01-31 03:29 PM
They don't want the immigrants to take a penny home.
Nothing is going to change, you'll still need to file your applications in premium processing. As their processing times are not going to change. As somebody said it is plain daylight robbery.
Nothing is going to change, you'll still need to file your applications in premium processing. As their processing times are not going to change. As somebody said it is plain daylight robbery.
more...
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delhirocks
06-26 09:05 PM
Ha..
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traffic_engr
04-01 05:55 PM
Sent #10 earlier
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coloniel60
08-20 06:39 PM
I wish you all the best. This kind of cheating from the employer hurts the most. I wish some immigration lawywer or ILA steps up and advises what employees can do in these kind of situations. I know labor substitution is legal but in this case the employer gave false hopes to the employee that he will sponsor his GC and that should be illegal and could be used as an excuse to sue the employer.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
Most of us hesitate to hire lawyer to go after these sc** bag employers because we are scared of the lawyers as well. We don't know how much it will cost us and we don't know what the outcome will be. That's why it will be helpful if some reputed lawyer or ILA comes out and tell us what our options are when these kind of things happen.
But then employers and these lawyers go hand in hand so I doubt if one goes against the other. I wish atleast USCIS gives us some guidelines.
I bet that if we can successfully sue one cheating employer then we will see hundreds of similar cases and the employers will be scared to even think about doing this again.
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pyrosleepy
07-31 11:35 AM
Thanks, Sanbaj! Your response does help.
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brahmam
06-23 04:48 PM
Brahmam and Company -
- Shalom
and up yours :D
be of use sometimes instead of your gibberish. you did not answer my question but are busy sermonizing. get a life bro .. cheers
No, I am not going to go to walmart because have heard of some people's photos being rejected by INS in the past. hence wanted a more authentic studio, if any.
- Shalom
and up yours :D
be of use sometimes instead of your gibberish. you did not answer my question but are busy sermonizing. get a life bro .. cheers
No, I am not going to go to walmart because have heard of some people's photos being rejected by INS in the past. hence wanted a more authentic studio, if any.
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anai
04-01 03:18 PM
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485Mbe4001
12-12 04:08 PM
http://www.numbersusa.com/text?ID=1049 as explained by our friends across the aisle...
IMO, EB3 will still be slow and get slower, unless there is a significant change...
What's the significance of April 30 barrier.
IMO, EB3 will still be slow and get slower, unless there is a significant change...
What's the significance of April 30 barrier.
jasguild
07-17 09:17 AM
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
I wont even get in a pissing match with you. YOu are free to believe what ever you want.
if you read my post you will see my concern is about the system not working.
I can make a similar argument about you and others. You are so concerned about your benefit today, that you dont see the harm it may do to H1b holders and future candidates for I-485.
If it makes you feel good you can fly to washington and thank them for the blessings after the announcement. So whatever makes your boat floats...
jasquil
I wont even get in a pissing match with you. YOu are free to believe what ever you want.
if you read my post you will see my concern is about the system not working.
I can make a similar argument about you and others. You are so concerned about your benefit today, that you dont see the harm it may do to H1b holders and future candidates for I-485.
If it makes you feel good you can fly to washington and thank them for the blessings after the announcement. So whatever makes your boat floats...
jasquil
rav18
06-24 03:30 PM
Check your PM. This is what i sent.
Can you please share the letter? I am looking for a sample format.
Thanks
Can you please share the letter? I am looking for a sample format.
Thanks